Penalty for Possession of a Firearm While a Substantial Risk Order is in Effect in Virginia
September 1, 2024 by Jean Humbrecht
Possession of a firearm while a Substantial Risk Order is in effect in Virginia is a crime. For information on the penalty for possession of a firearm while a Substantial Risk Order is in effect in Virginia, read the post below.
Substantial Risk Order in Virginia
The Penalty for Possession of a Firearm While a Substantial Risk Order is in Effect in Virginia 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, a magistrate or judge in Virginia will first enter 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 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 injury to him or herself or others.
A Virginia Substantial Risk Order can be in effect up to 180 days (Va. Code §19.2-152.14). Additionally, the Commonwealth can petition for an extension of the the Order for an additional 180 days and there is NO LIMIT on how many times this Order can be extended.
Click here for more information on a Virginia Emergency Substantial Risk Order,
Click here for more information on a Virginia Substantial Risk Order,
Penalty for Possession of a Firearm While a Substantial Risk Order is in Effect in Virginia
After a Substantial Risk Order has been entered against a person in Virginia, he or she must turn in any firearms still in his or her possession and a concealed carry permit if he or she has one.
Possession of 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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