Penalty for Possession of a Firearm While a Virginia Substantial Risk Order is in Effect
August 24, 2022 by Jean Humbrecht
Possession of a firearm while a Virginia Substantial Risk Order is in effect is a crime. For information on the penalty for possession of a firearm while a Virginia Substantial Risk Order is in effect, read the post below.
Virginia Substantial Risk Orders
The Penalty for Possession of a Firearm While a Virginia Substantial Risk Order is in Effect Includes Jail
A Virginia Substantial Risk Order 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 will first enter an Emergency Substantial Risk Order which will remain in effect 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. The Commonwealth must prove that possession of a firearm by the individual will create a substantial risk of harm to him or herself or others.
A Substantial Risk Order in Virginia can be in place for up to 180 days and the Commonwealth can petition to extend the Order for an additional 180 days. There is NO LIMIT on how many times this Order can be extended.
Click here for more information on Virginia Emergency Substantial Risk Orders,
Click here for more information on Virginia Substantial Risk Orders,
Penalty for Possession of a Firearm While a Virginia Substantial Risk Order is in Effect
After a Virginia Substantial Risk Order has been entered against a person, 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 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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