Penalty for Possessing a Firearm While Subject to a Substantial Risk Order in Virginia
October 9, 2023 by Jean Humbrecht
Possessing, purchasing or transporting a firearm while subject to a Substantial Risk Order in Virginia is a crime. For information on the penalty for possessing a firearm while subject to a Substantial Risk Order in Virginia, read the post below.
What is a Substantial Risk Order in Virginia?
The Penalty for Possessing a Firearm While Subject to a Substantial Risk Order in Virginia 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 Substantial Risk Order in Virginia a magistrate or judge first must enter an Emergency Substantial Risk Order which will remain in effect for 14 days. An Emergency Substantial Risk Order prohibits a person from possessing, purchasing or transporting a firearm while the Order is in place (Va. Code §19.2-152.13).
A Circuit Court then is required to 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 harm to him or herself or others.
A Substantial Risk Order in Virginia can be in effect 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 a Substantial Risk Order can be extended in Virginia.
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 Substantial Risk Order in Virginia
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 a Virginia Emergency Substantial Risk Order or Substantial Risk Order is a crime and 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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