Penalty for Purchasing a Firearm while a Substantial Risk Order is in Place in Virginia
November 9, 2024 by Jean Humbrecht
Purchasing a firearm while a Substantial Risk Order is in place in Virginia is a crime. For information on the penalty for purchasing a firearm while a Substantial Risk Order is in place in Virginia, read the post below.
Substantial Risk Orders in Virginia
The Penalty for Purchasing a Firearm while a Substantial Risk Order is in Place in Virginia Includes Jail
A Substantial Risk Order in Virginia prohibits a person from possessing, purchasing or transporting any 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 enters an Emergency Substantial Risk Order which will remain in place for 14 days. An Emergency Substantial Risk Order in Virginia prohibits a person from possessing, purchasing or transporting firearms (Va. Code §19.2-152.13).
A Circuit Court then is required to hold a hearing within 14 days to decide whether to enter a Substantial Risk Order at which the Commonwealth must prove that possession of a firearm by the person will create a substantial risk of injury to him or herself or others.
A Virginia Substantial Risk Order can be in place up to 180 days (Va. Code §19.2-152.14). The Commonwealth can petition to extend a Substantial Risk Order for an additional 180 days and there is NO LIMIT on how many times this Order can be extended.
For more information on Virginia Emergency Substantial Risk Orders, click here.
For more information on Virginia Substantial Risk Orders, click here.
Penalty for Purchasing a Firearm while a Substantial Risk Order is in Place in Virginia
After a Substantial Risk Order has been entered in Virginia, the person must turn in any firearms still in his or her possession and a concealed carry permit if he or she has one.
Purchasing a firearm while an Emergency Substantial Risk Order or Substantial Risk Order is in place in Virginia is a misdemeanor and is punished with up to 12 months in jail and a fine up to $2,500 (Va. Code §18.2-308.1:6).
***DISCLAIMER: THE MATERIAL AND INFORMATION CONTAINED IN THIS POST, ON ANY PAGES ON THIS WEBSITE, AND ON ANY PAGES LINKED FROM THESE PAGES, ARE FOR GENERAL INFORMATION ONLY AND NOT LEGAL ADVICE. YOU SHOULD CONSULT A LICENSED ATTORNEY IN YOUR JURISDICTION BEFORE RELYING ON ANY OF THE INFORMATION CONTAINED ON THESE PAGES. SENDING EMAIL TO OR VIEWING INFORMATION FROM THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP***