Penalty for Possession of a Firearm After a Virginia Substantial Risk Order Has Been Issued
July 24, 2022 by Jean Humbrecht
It is a crime to possess a firearm while a Substantial Risk Order is in effect in Virginia. For information on the penalty for possession of a firearm after a Virginia Substantial Risk Order has been issued, read the post below.
What is a Substantial Risk Order in Virginia?
Possession of a Firearm while a Substantial Risk Order is in Effect is a Crime
Substantial Risk Orders in Virginia prohibit a person from possessing firearms while the order is in place (Va. Code §19.2-152.14). Before entering a Substantial Risk Order, the court or a magistrate will first enter an Emergency Substantial Risk Order which remains in effect for 14 days and prohibits a person from possessing a firearm (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 which can be in effect for up to 180 days. The Court can enter this Order if the Commonwealth proves that possession of a firearm by the person poses a danger to him or herself or others (Va. Code §19.2-152.14).
Additionally, the Commonwealth can petition the court to extend the Order for an additional 180 days and there is no limit on how many times a Virginia Substantial Risk Order can be extended.
For more information on a Virginia Emergency Substantial Risk Order, click here.
For more information on a Virginia Substantial Risk Order, click here.
Penalty for Possession of a Firearm After a Virginia Substantial Risk Order Has Been Issued
After a court enters a Substantial Risk Order in Virginia, the person must surrender any firearms still in his or her possession. The individual must also surrender a concealed carry permit if he or she has one.
If a person possesses a firearm while subject to an Emergency Substantial Risk Order or Substantial Risk Order in Virginia, he or she can be charged with a crime and faces up to 12 months in jail and a fine up to $2,500 (Va. Code §18.2-308.1:6).
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