Penalty for Possession of a Firearm while a Substantial Risk Order is in Place in Virginia
July 1, 2023 by Jean Humbrecht
Possession of a firearm while a Substantial Risk Order is in place in Virginia is a crime. For information on the penalty for possession of a firearm while a Substantial Risk Order is in place in Virginia, read the post below.
Virginia Substantial Risk Orders
The Penalty for Possessing a Firearm while a Substantial Risk Order is in Place in Virginia Includes Jail and a Fine
A Virginia Substantial Risk Order prohibits a person from possessing, purchasing or transporting firearms (Va. Code §19.2-152.14). Before entering this Order, a magistrate or judge first must enter an Emergency Substantial Risk Order which will stay in place for 14 days. This Order prohibits a person from possessing, purchasing or transporting firearms (Va. Code §19.2-152.13).
A Circuit Court then must hold a hearing within 14 days to determine whether to enter a Substantial Risk Order. At this hearing, the Commonwealth must prove that firearm possession by the person will create a substantial risk of injury to the person or others.
A Substantial Risk Order in Virginia can be in place for any period of time up to 180 days (Va. Code §19.2-152.14). The Commonwealth can also petition to extend the Order for an additional 180 days and there is no limit on how many times it can be extended.
For more information on Emergency Substantial Risk Orders in Virginia, click here.
For more information on Substantial Risk Orders in Virginia, click here.
Penalty for Possessing a Firearm while a Substantial Risk Order is in Place in Virginia
After a Virginia Substantial Risk Order has been entered, the person must surrender any firearms 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 Substantial Risk Order is in place in Virginia is punished with up to 12 months in jail and a $2,500 fine (Va. Code §18.2-308.1:6).
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