Penalty for Transporting a Firearm while Subject to a Virginia Substantial Risk Order
November 1, 2024 by Jean Humbrecht
It is a crime for a person 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 Virginia Substantial Risk Order, read the post below.
What is a Virginia Substantial Risk Order?
The Penalty for Transporting a Firearm while Subject to a Virginia Substantial Risk Order Includes Jail
A Substantial Risk Order in Virginia prohibits a person from possessing, purchasing or transporting a firearm while the order is in effect (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 be in effect for 14 days and prohibits a person from possessing, purchasing or transporting firearms while the Order is in place (Va. Code §19.2-152.13).
A Circuit Court must 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 the person will create a danger to him or herself or others.
A Virginia Substantial Risk Order can be in effect for any period of time 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 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 Subject to a Virginia Substantial Risk Order
After a Substantial Risk Order has been entered in Virginia, the person must surrender any firearms still in his or her possession and a concealed carry permit if he or she has one.
Transporting a firearm while subject to a Virginia Emergency Substantial Risk Order or Substantial Risk Order 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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