Penalty for Possessing a Firearm While a Virginia Substantial Risk Order is in Effect
April 24, 2024 by Jean Humbrecht
Possessing a firearm while a Virginia Substantial Risk Order is in effect is a crime. For information on the penalty for possessing a firearm while a Virginia Substantial Risk Order is in effect, read the post below.
Virginia Substantial Risk Orders
The Penalty for Possessing a Firearm While a Virginia Substantial Risk Order is in Effect Includes Jail
A Substantial Risk Order in Virginia prohibits a person from possessing, purchasing or transporting firearms while the order is in effect (Va. Code §19.2-152.14). Before entering a Substantial Risk Order in Virginia, a magistrate or judge first enters an Emergency Substantial Risk Order which will remain in effect for 14 days. The Order prohibits a person from possessing, purchasing or transporting firearms (Va. Code §19.2-152.13).
A Circuit Court then must hold a hearing within 14 days to determine whether to enter a Substantial Risk Order. The Commonwealth must prove that possession of a firearm by the person will create a substantial risk of injury 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). The Commonwealth can also petition for an extension of the Substantial Risk Order for an additional 180 days and there is NO LIMIT on how many times the Order can be extended.
For more information on Virginia Emergency Substantial Risk Orders, click here.
For more information on Virginia Substantial Risk Orders, click here.
Penalty for Possessing a Firearm While a Virginia Substantial Risk Order is in Effect
After a Substantial Risk Order has been entered in Virginia, the individual 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 effect in Virginia is punished with up to 12 months in jail and a fine up to $2,500 (Va. Code §18.2-308.1:6).
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