Penalty for Possessing a Firearm While Subject to a Virginia Substantial Risk Order
May 24, 2024 by Jean Humbrecht
It is a crime to possess a firearm while subject to a Substantial Risk Order in Virginia. For information on the penalty for possessing a firearm while subject to a Virginia Substantial Risk Order, read the post below.
What is a Substantial Risk Order in Virginia?
The Penalty for Possessing a Firearm While Subject to a Virginia Substantial Risk Order Includes Jail
A Virginia Substantial Risk Order prohibits a person from possessing, purchasing or transporting a firearm while the order is in effect (Va. Code §19.2-152.14). Before entering a Virginia Substantial Risk Order, a magistrate or judge will first enter an Emergency Substantial Risk Order which will remain in effect for 14 days and prohibits a person from possessing, purchasing or transporting firearms while the Order is in place (Va. Code §19.2-152.13).
A Circuit Court must then 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 the person will pose a danger to him or herself or others.
A Substantial Risk Order in Virginia can be in effect up to 180 days and the Commonwealth can petition the court to extend the Order for an additional 180 days and there is no limit on how many times the Order can be extended (Va. Code §19.2-152.14).
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 Subject to a Virginia Substantial Risk Order
After a Virginia Substantial Risk Order has been entered, the person must surrender any firearms still in his or her possession and a concealed carry permit if he or she has one.
Possessing a firearm while subject to an Emergency Substantial Risk Order or Substantial Risk Order in Virginia is a Class 1 misdemeanor. It 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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