Penalty for Transporting a Firearm After a Virginia Substantial Risk Order has been Issued
October 1, 2024 by Jean Humbrecht
Transporting a firearm after a Virginia Substantial Risk Order has been issued is a crime. For information on the penalty for transporting a firearm after a Virginia Substantial Risk Order has been issued, read the post below.
What is a Substantial Risk Order in Virginia?
The Penalty for Transporting a Firearm After a Virginia Substantial Risk Order has been Issued Includes Jail
A Virginia Substantial Risk Order prohibits a person from possessing, purchasing or transporting a firearm (Va. Code §19.2-152.14). Before entering a Substantial Risk Order, a magistrate or judge first must 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 determine whether to enter a Substantial Risk Order. At this hearing, the Commonwealth must prove that firearm possession by the individual 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). The Commonwealth can petition to extend 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 Virginia Substantial Risk Order has been Issued
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 issued 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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