Penalty for Purchasing a Firearm While a Substantial Risk Order Is In Effect in Virginia
October 24, 2023 by Jean Humbrecht
Purchasing a firearm while a Substantial Risk Order is in effect in Virginia is a crime. For information on the penalty for purchasing a firearm while a Substantial Risk Order is in effect in Virginia, read the post below.
Substantial Risk Order in Virginia
The Penalty for Purchasing a Firearm While a Substantial Risk Order Is In Effect in Virginia Includes Jail
A Substantial Risk Order in Virginia prohibits a person from possessing, purchasing, or transporting firearms while the order is in effect (Va. Code §19.2-152.14). Before a Substantial Risk Order is entered in Virginia, a judge or magistrate will first enter an Emergency Substantial Risk Order which is valid for 14 days and prohibits a person from possessing firearms while the order is in effect (Va. Code §19.2-152.13).
A 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 issued if the court finds that firearm possession by the individual poses a danger to him or herself or others and it can be issued for any period of time up to 180 days. If the Order is entered, the person is prohibited from possessing, purchasing, or transporting any firearms while the Order is in effect.
The Commonwealth 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 (Va. Code §19.2-152.14).
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 While a Substantial Risk Order Is In Effect in Virginia
After a court enters a Virginia Substantial Risk Order, an individual must surrender any firearms still in his or her possession as well as a concealed carry permit.
Purchasing a firearm while an Emergency Substantial Risk Order or Substantial Risk Order is in effect in Virginia is punished with up to 12 months in jail and a fine as high as $2,500 (Va. Code §18.2-308.1:6).
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