Substantial Risk Order in Virginia
January 11, 2021 by Jean Humbrecht
Virginia can prohibit a person from possessing firearms if the court thinks that the person is a danger to him or herself or others. This is done by issuing a Substantial Risk Order. After the court enters a Substantial Risk Order in Virginia, the person against whom it is issued is prohibited from possessing, purchasing or transporting firearms while the order is in place (Va. Code §19.2-152.14).
What is a Substantial Risk Order?
A Virginia Substantial Risk Order Prohibits a Person from Possessing Firearms
A Substantial Risk Order in Virginia is a court order that prevents a person from possessing, purchasing or transporting firearms if possession of firearms by that person would pose a “substantial risk of harm” to him or herself or others (Va. Code §19.2-152.14).
Before a Virginia court enters a Substantial Risk Order, the court first enters an Emergency Substantial Risk Order. An Emergency Substantial Risk Order will remain in place for 14 days (Va. Code §19.2-152.13). It can be entered by a General District Court, Juvenile and Domestic Relations District Court, Circuit Court, or a magistrate. Click here for more information on a Virginia Emergency Substantial Risk Order,
The Circuit Court then must hold a hearing within 14 days to determine whether to enter a Substantial Risk Order. The Commonwealth must prove that a person poses a substantial risk of injury to him or herself or others in the near future by possessing a firearm,
In determining whether to enter a Virginia Substantial Risk Order, the court can consider any “relevant evidence,” including any recent acts of violence, force or threat by the person directed toward another person or toward him or herself. An “act of violence, force or threat” is defined as “any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury. Such act includes, but is not limited to, any forceful detention, stalking, criminal sexual assault…or any criminal offense that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury” (Va. Code §19.2-152.7:1),
A Virginia Substantial Risk Order can be issued for up to 180 days. However, there is no limit on how many times it can be extended. A Commonwealth Attorney or law-enforcement officer must petition the court for this extension before the order expires. The court can extend a Substantial Risk Order if it finds that the person continues to pose a substantial risk of injury to him or herself or others if that person possesses a firearm.
The person subject to a Substantial Risk Order can petition the court to dissolve the order one time while the order is in place, However, he or she must wait at least 30 days from the date the order was entered.
Virginia Substantial Risk Order and Firearm Restrictions
After a Substantial Risk Order has been entered in Virginia, the person must surrender all firearms that have not already been taken by law-enforcement when they served the Emergency Substantial Risk Order. Additionally, the person must surrender a concealed carry permit if the person has one.
The law-enforcement agency that took the firearms will keep them until the Substantial Risk Order is no longer in effect. A law-enforcement officer can even obtain a search warrant to look for more firearms if he or she thinks that the person has not turned over all firearms in his or her possession.
Penalty for Possessing a Firearm While a Substantial Risk Order is in Place
Purchasing, possessing or transporting a firearm while a Substantial Risk Order or Emergency Substantial Risk Order is in place 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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