Penalty for Transporting a Firearm After a Substantial Risk Order has been Issued in Virginia
May 24, 2022 by Jean Humbrecht
Transporting a firearm after a Substantial Risk Order has been issued in Virginia is a crime. For information on the penalty for transporting a firearm after a Substantial Risk Order has been issued 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 Issued in Virginia Includes Jail
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 stay 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 will then hold a hearing within 14 days to determine whether to enter a Substantial Risk Order. At this hearing, the Commonwealth must prove that possession of a firearm by the individual will create a substantial risk of harm to him or herself or others.
A Virginia Substantial Risk Order can remain in effect for up to 180 days (Va. Code §19.2-152.14). The Commonwealth can also petition to extend the Order for an additional 180 days and there is no limit on how many times it can be extended.
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 Transporting a Firearm After a Substantial Risk Order has been Issued in Virginia
After a Substantial Risk Order has been entered in Virginia, the person must give up any firearms 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 issued in Virginia 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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