Penalty for Purchasing a Firearm After a Virginia Substantial Risk Order has been Entered
July 15, 2020 by Jean Humbrecht
Purchasing a firearm after a Virginia Substantial Risk Order has been entered is a crime. For information on the penalty for purchasing a firearm after a Virginia Substantial Risk Order has been entered, read the post below.
What is a Substantial Risk Order in Virginia?
The Penalty for Purchasing a Firearm After a Virginia Substantial Risk Order has been Entered Includes 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 Substantial Risk Order in Virginia, a magistrate or judge will first enter an Emergency Substantial Risk Order which will remain 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 is then required to hold a hearing within 14 days to determine whether to enter a Substantial Risk Order. At this hearing, the Commonwealth must prove that possession of a firearm by the person will create a substantial risk of harm to him or herself or others.
A Virginia Substantial Risk Order can remain in place for up to 180 days (Va. Code §19.2-152.14). Additionally, the Commonwealth can petition for an extension of the Order for an additional 180 days and there is no limit on how many times it can be extended.
For more information on a Virginia Emergency Substantial Risk Order, click here.
For more information on a Virginia Substantial Risk Order, click here.
Penalty for Purchasing a Firearm After a Virginia Substantial Risk Order has been Entered
After a Substantial Risk Order has been entered in Virginia, the individual must give up any firearms in his or her possession and a concealed carry permit if he or she has one.
Purchasing a firearm after an Emergency Substantial Risk Order or a Substantial Risk Order has been entered 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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