Penalty for Possession of a Firearm while a Virginia Substantial Risk Order is in Place
October 9, 2021 by Jean Humbrecht
Possession of a firearm while a Virginia Substantial Risk Order is in place is a crime. For information on the penalty for possession of a firearm while a Virginia Substantial Risk Order is in place, read the post below.
What is a Substantial Risk Order in Virginia?
The Penalty for Possession of a Firearm while a Virginia Substantial Risk Order is in Place Includes Jail Time
Before entering a Virginia Substantial Risk Order, the court will first enter an Emergency Substantial Risk Order that will remain in place for 14 days (Va. Code §19.2-152.13) and prohibits a person from possessing firearms. The Circuit Court will then hold a hearing within 14 days to determine whether to enter a Substantial Risk Order. A Substantial Risk Order can be entered that prevents a person from possessing firearms if the Commonwealth proves that firearm possession by that person would create a “substantial risk of harm” to him or herself or others (Va. Code §19.2-152.14).
A Substantial Risk Order in Virginia can be entered for up to 180 days. The Commonwealth also can petition to extend the Order for an additional 180 days and there is no limit on how many times the 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.
Substantial Risk Order and Firearm Restrictions
After a Virginia Substantial Risk Order has been entered, the person must surrender a concealed carry permit and any firearms still in his or her possession that have not already been taken by law-enforcement when the Emergency Substantial Risk Order was served.
Penalty for Possession of a Firearm while a Virginia Substantial Risk Order is in Place
Possession of a firearm while an Emergency Substantial Risk Order or a Substantial Risk Order is in place is a Class 1 misdemeanor (Va. Code §18.2-308.1:6) and is punished with up to 12 months in jail and a fine up to $2,500.
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