Penalty for Possessing a Firearm while a Substantial Risk Order is in Place in Virginia
November 9, 2023 by Jean Humbrecht
Possessing a firearm while a Substantial Risk Order is in place in Virginia is a crime. For information on the penalty for possessing a firearm while a Substantial Risk Order is in place in Virginia, read the post below.
Substantial Risk Orders in Virginia
The Penalty for Possessing a Firearm while a Substantial Risk Order is in Place in Virginia Includes Jail
A Substantial Risk Order in Virginia prohibits a person from possessing, purchasing or transporting a firearm while the order is in place (Va. Code §19.2-152.14). Before entering this Order, a magistrate or judge first enters an Emergency Substantial Risk Order which will remain in place for 14 days. This Order prohibits a person from possessing, purchasing or transporting any firearms (Va. Code §19.2-152.13).
A Circuit Court is then required to hold a hearing within 14 days to determine whether to enter a Substantial Risk Order at which the Commonwealth must prove that firearm possession by the individual will create a substantial risk of harm to him or herself or others.
A Virginia Substantial Risk Order can be in place up to 180 days (Va. Code §19.2-152.14). However, the Commonwealth can petition to extend a Substantial Risk Order for an additional 180 days and there is no limit on how many times this Order can be extended.
For more information on an Emergency Substantial Risk Order in Virginia, click here.
For more information on a Substantial Risk Order in Virginia, click here.
Penalty for Possessing a Firearm while a Substantial Risk Order is in Place in Virginia
After a Substantial Risk Order has been entered in Virginia, the person must turn in any firearms still in his or her possession and a concealed carry permit if he or she has one.
Possessing a firearm while an Emergency Substantial Risk Order or Substantial Risk Order is in place in Virginia is a crime and is punished with up to 12 months in jail and a fine (Va. Code §18.2-308.1:6).
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