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Virginia statute

Va. Code Ann. § 18.2-308.1:2 — Purchase, possession, or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated; penalty

Current through 2026 Regular Session

Part of Article 7: Other Illegal Weapons, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-308.1:2

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 18.2-308.1:2Primary source, current through the 2026 Regular Session
A. It shall be unlawful for any person who has been adjudicated (i) legally incompetent pursuant to former § 37.1-128.02 or former § 37.1-134, (ii) mentally incapacitated pursuant to former § 37.1-128.1 or former § 37.1-132, or (iii) incapacitated pursuant to Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2 to purchase, possess, or transport any firearm. A violation of this subsection shall be punishable as a Class 1 misdemeanor. B. Any person whose competency or capacity has been restored pursuant to former § 37.1-134.1, former § 37.2-1012, or § 64.2-2012 may petition the general district court in the city or county in which he resides or, if the person is not a resident of the Commonwealth, the general district court of the city or county in which the most recent of the proceedings described in subsection A occurred to restore his right to purchase, possess or transport a firearm. A copy of the petition shall be mailed or delivered to the attorney for the Commonwealth for the jurisdiction where the petition was filed who shall be entitled to respond and represent the interests of the Commonwealth. The court shall conduct a hearing if requested by either party. If the court determines, after receiving and considering evidence concerning the circumstances regarding the disability referred to in subsection A and the person's criminal history, treatment record, and reputation as developed through character witness statements, testimony, or other character evidence, that the person will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest, the court shall grant the petition. Any person denied relief by the general district court may petition the circuit court for a de novo review of the denial. Upon a grant of relief in any court, the court shall enter a written order granting the petition, in which event the provisions of subsection A do not apply. The clerk of court shall certify and forward forthwith to the Central Criminal Records Exchange, on a form provided by the Exchange, a copy of any such order. C. As used in this section, "treatment record" shall include copies of health records detailing the petitioner's psychiatric history, which shall include the records pertaining to the commitment or adjudication that is the subject of the request for relief pursuant to this section.

Official sources

Legal terms used in this section

Questions this section answers

Is purchase, possession, or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated a felony or a misdemeanor in Virginia?

Purchase, possession, or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated is a class 1 misdemeanor in Virginia under Va. Code Ann. § 18.2-308.1:2.

Which Virginia statute covers purchase, possession, or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated?

Purchase, possession, or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated is governed by Va. Code Ann. § 18.2-308.1:2 (Purchase, possession, or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated; penalty).

This reference is informational and is not legal advice.