Penalty for Transporting a Firearm while Subject to a Substantial Risk Order in Virginia
June 24, 2022 by Jean Humbrecht
It is a crime to possess, purchase or transport a firearm while subject to a Substantial Risk Order in Virginia. For information on the penalty for transporting a firearm while subject to a Substantial Risk Order in Virginia, read the post below.
What is a Substantial Risk Order in Virginia?
The Penalty for Transporting a Firearm while Subject to a Substantial Risk Order in Virginia Includes Jail
A Virginia Substantial Risk Order 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, a magistrate or judge must first enter an Emergency Substantial Risk Order which will stay in effect for 14 days and prohibits a person from possessing, purchasing or transporting any 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. The Commonwealth must prove that possession of a firearm by the person will create a significant risk of harm to him or herself or others.
A Substantial Risk Order in Virginia can be in effect up to 180 days. (Va. Code §19.2-152.14). However, the Commonwealth can petition the court 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 Subject to a Substantial Risk Order in Virginia
After a Virginia Substantial Risk Order has been entered, the person must surrender any firearms in his or her possession and a concealed carry permit if he or she has one.
Transporting a firearm while subject to an Emergency Substantial Risk Order or Substantial Risk Order in Virginia is a Class 1 misdemeanor 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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