Penalty for Purchasing a Firearm while a Virginia Substantial Risk Order is in Place
August 9, 2020 by Jean Humbrecht
Purchasing a firearm while a Virginia Substantial Risk Order is in place is a crime. For information on the penalty for purchasing a firearm while a Virginia Substantial Risk Order is in place, read the post below.
Virginia Substantial Risk Orders
The Penalty for Purchasing a Firearm while a Virginia Substantial Risk Order is in Place Includes Jail Time
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 then must hold a hearing within 14 days to decide whether to enter a Substantial Risk Order at which the Commonwealth must prove that firearm possession by the person will create a substantial risk of harm to him or herself or others.
A Substantial Risk Order in Virginia can be in place up to 180 days (Va. Code §19.2-152.14). The Commonwealth, however, 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 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 Purchasing a Firearm while a Virginia Substantial Risk Order is in Place
After a Virginia Substantial Risk Order has been entered, the person must turn in any firearms 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 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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