Penalty for Transporting a Firearm While a Virginia Substantial Risk Order is in Effect
November 24, 2023 by Jean Humbrecht
Transporting a firearm while a Virginia Substantial Risk Order is in effect is a crime. For information on the penalty for transporting a firearm while a Virginia Substantial Risk Order is in effect, read the post below.
Substantial Risk Orders in Virginia
The Penalty for Transporting a Firearm While a Virginia Substantial Risk Order is in Effect Includes Jail and a Fine
A Substantial Risk Order in Virginia prohibits a person from possessing, purchasing or transporting any firearm while the order is in place (Va. Code §19.2-152.14). Before entering a Substantial Risk Order, a magistrate or judge will first enter an Emergency Substantial Risk Order which will remain in place for 14 days. The 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 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 injury to him or herself or others.
A Substantial Risk Order in Virginia can be in place for any period of time 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 Virginia Emergency Substantial Risk Orders, click here.
For more information on Virginia Substantial Risk Orders, click here.
Penalty for Transporting a Firearm While a Virginia Substantial Risk Order is in Effect
After a Substantial Risk Order has been entered against a person in Virginia, the person must turn in any firearms still 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 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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