Penalty for Possession of a Firearm While Subject to a Substantial Risk Order in Virginia
September 9, 2020 by Jean Humbrecht
Possessing, purchasing or transporting a firearm while subject to a Substantial Risk Order in Virginia is against the law. For information on the penalty for possession of a firearm while subject to a Substantial Risk Order in Virginia, read the post below.
What is a Virginia Substantial Risk Order?
The Penalty for Possession of a Firearm While Subject to a Substantial Risk Order in Virginia Includes up to 12 Months in Jail
A Substantial Risk Order in Virginia prohibits a person from possessing, purchasing or transporting a firearm while the order is in place (Va. Code §19.2-152.14). Before entering a Virginia Substantial Risk Order, a magistrate or judge first must enter an Emergency Substantial Risk Order which will remain in effect for 14 days. An Emergency Substantial Risk Order prohibits a person from possessing, purchasing or transporting a firearm (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 to the Court that possession of a firearm by the individual will create a substantial risk of harm to him or herself or others.
A Virginia Substantial Risk Order can be in effect for up to 180 days (Va. Code §19.2-152.14). However, the Commonwealth can petition to extend the Order for an additional 180 days and there is no limit on how many times a Substantial Risk Order can be extended in Virginia.
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 Possession of a Firearm While Subject to a Substantial Risk Order in Virginia
After a Substantial Risk Order in Virginia has been entered against a person, the individual must surrender any firearms in his or her possession and a concealed carry permit if he or she has one.
Possession of a firearm while subject to an Emergency Substantial Risk Order or Substantial Risk Order 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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