Penalty for Transporting a Firearm After a Substantial Risk Order has been Entered in Virginia
June 24, 2024 by Jean Humbrecht
Transporting a firearm after a Virginia Substantial Risk Order has been entered is a crime. For information on the penalty for transporting a firearm after a Substantial Risk Order has been entered in Virginia, read the post below.
What is a Substantial Risk Order?
The Penalty for Transporting a Firearm After a Substantial Risk Order has been Entered in Virginia Includes Jail and a Fine
A Virginia Substantial Risk Order prohibits an individual from possessing, purchasing or transporting a firearm while the order is in effect (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. The 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. At this hearing, 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 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 the 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 Transporting a Firearm After a Substantial Risk Order has been Entered in Virginia
After a Virginia Substantial Risk Order has been entered, the individual must give up any firearms still in his or her possession and a concealed carry permit if he or she has one.
Transporting a firearm after an Emergency Substantial Risk Order or a Substantial Risk Order has been entered 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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