Penalty for Transporting a Firearm While a Substantial Risk Order is in Effect in Virginia
August 24, 2023 by Jean Humbrecht
Transporting a firearm while a Substantial Risk Order is in effect in Virginia is a crime. For information on the penalty for transporting a firearm while a Substantial Risk Order is in effect in Virginia, read the post below.
Virginia Substantial Risk Order
The Penalty for Transporting a Firearm While a Substantial Risk Order is in Effect in Virginia Includes Jail
A Virginia Substantial Risk Order prohibits a person from possessing, purchasing or transporting firearms while the order is in place (Va. Code §19.2-152.14). Before entering a Substantial Risk Order in Virginia, a magistrate or judge first enters an Emergency Substantial Risk Order which will remain in place for 14 days. The Order prohibits an individual from possessing, purchasing or transporting firearms (Va. Code §19.2-152.13).
A Circuit Court is then required to hold a hearing within 14 days to decide whether to enter a Substantial Risk Order. The Commonwealth must prove that possession of a firearm 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 can also 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 a Virginia Emergency Substantial Risk Order, click here.
For more information on a Virginia Substantial Risk Order, click here.
Penalty for Transporting a Firearm While a Substantial Risk Order is in Effect in Virginia
After a Substantial Risk Order has been entered in Virginia, the person must turn in any firearms in his or her possession and a concealed carry permit if he or she has one.
Transporting a firearm while an Emergency Substantial Risk Order or Substantial Risk Order is in effect 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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