Penalty for Purchasing a Firearm While Subject to a Virginia Substantial Risk Order
January 9, 2024 by Jean Humbrecht
Purchasing a firearm while subject to a Substantial Risk Order in Virginia is a crime. For information on the penalty for purchasing a firearm while subject to a Virginia Substantial Risk Order, read the post below.
What is a Substantial Risk Order?
The Penalty for Purchasing a Firearm While Subject to a Virginia Substantial Risk Order Includes Jail
A Virginia Substantial Risk Order 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 will first enter an Emergency Substantial Risk Order which will stay in place for 14 days. This 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 is required to prove that possession of a firearm by the person will create a substantial risk of injury to him or herself or others.
A Substantial Risk Order in Virginia can remain in effect for up to 180 days (Va. Code §19.2-152.14). Additionally, the Commonwealth can petition the Court for an extension of a Substantial Risk Order for an additional 180 days and there is no limit on how many times the Order can be extended.
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 Subject to a Virginia Substantial Risk Order
After a Substantial Risk Order has been entered in Virginia, the person must give up any firearms still in his or her possession and a concealed carry permit if he or she has one.
Purchasing a firearm while subject to a Virginia Substantial Risk Order or Emergency Substantial Risk Order 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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