Penalty for Possessing a Firearm while a Virginia Substantial Risk Order is in Place
September 9, 2022 by Jean Humbrecht
Possessing a firearm while a Virginia Substantial Risk Order is in place is a crime. For information on the penalty for possessing a firearm while a Virginia Substantial Risk Order is in place, read the post below.
What is a Substantial Risk Order?
The Penalty for Possessing a Firearm while a Virginia Substantial Risk Order is in Place Includes Jail and a Fine
A Substantial Risk Order in Virginia prohibits an individual from possessing, purchasing or transporting a firearm while the order is in place (Va. Code §19.2-152.14). Before entering the Order, a magistrate or judge first enters an Emergency Substantial Risk Order which will stay in place for 14 days. The Order prohibits a person from possessing, purchasing or transporting firearms (Va. Code §19.2-152.13).
A Circuit Court then will hold a hearing within 14 days to determine whether to enter a Substantial Risk Order. The Court can enter the Order if the Commonwealth proves that possession of a firearm by the individual will create a substantial risk of injury to him or herself or others.
A Substantial Risk Order in Virginia can remain in place for up to 180 days (Va. Code §19.2-152.14). Additionally, the Commonwealth can petition to extend the 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 Place
After a Virginia Substantial Risk Order has been entered, the person must give up 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 a Substantial Risk Order is in place 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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