{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-308.1_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-308.1_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-308.1_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-308.1_1.html"}],"law_id":81568,"edition_id":1,"section_id":81568,"structure_id":13912,"section_number":"18.2-308.1:1","catch_line":"Purchase, possession, or transportation of firearms by persons acquitted by reason of insanity; penalty","history":"1990, c. 692; 2008, cc. 788, 854, 869; 2009, cc. 813, 840; 2010, c. 781; 2011, c. 775; 2017, c. 516.","full_text":"A\n\nIt shall be unlawful for any person acquitted by reason of insanity and committed to the custody of the Commissioner of Behavioral Health and Developmental Services, pursuant to Chapter 11.1 (§ 19.2-182.2 et seq.) of Title 19.2, on a charge of treason, any felony or any offense punishable as a misdemeanor under Title 54.1 or a Class 1 or Class 2 misdemeanor under this title, except those misdemeanor violations of (i) Article 2 (§ 18.2-266 et seq.) of Chapter 7 of this title, (ii) Article 2 (§ 18.2-415 et seq.) of Chapter 9 of this title, (iii) § 18.2-119, or (iv) an ordinance of any county, city, or town similar to the offenses specified in clause (i), (ii), or (iii), to knowingly and intentionally purchase, possess, or transport any firearm. A violation of this subsection shall be punishable as a Class 1 misdemeanor.B\n\nAny person so acquitted may, upon discharge from the custody of the Commissioner, 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\n\nAs 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.","order_by":null,"text":{"0":{"id":292137,"text":"It shall be unlawful for any person acquitted by reason of insanity and committed to the custody of the Commissioner of Behavioral Health and Developmental Services, pursuant to Chapter 11.1 (§ 19.2-182.2 et seq.) of Title 19.2, on a charge of treason, any felony or any offense punishable as a misdemeanor under Title 54.1 or a Class 1 or Class 2 misdemeanor under this title, except those misdemeanor violations of (i) Article 2 (§ 18.2-266 et seq.) of Chapter 7 of this title, (ii) Article 2 (§ 18.2-415 et seq.) of Chapter 9 of this title, (iii) § 18.2-119, or (iv) an ordinance of any county, city, or town similar to the offenses specified in clause (i), (ii), or (iii), to knowingly and intentionally purchase, possess, or transport any firearm. A violation of this subsection shall be punishable as a Class 1 misdemeanor.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":292138,"text":"Any person so acquitted may, upon discharge from the custody of the Commissioner, 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":292139,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13912,"edition_id":1,"name":"Other Illegal Weapons","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":12973,"metadata":{},"date_created":"2026-06-26 03:46:16","date_modified":"2026-06-26 03:46:16","permalink":{"id":167193,"object_type":"structure","relational_id":13912,"identifier":"7","token":"18.2\/7\/7","url":"\/18.2\/7\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12973,"edition_id":1,"name":"Crimes Involving Health and Safety","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":166501,"object_type":"structure","relational_id":12973,"identifier":"7","token":"18.2\/7","url":"\/18.2\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58832,"structure_id":13912,"section_number":"18.2-308.1","catch_line":"Possession of firearm, stun weapon, or other weapon on school property prohibited; penalty","url":"\/18.2-308.1\/","token":"18.2\/7\/7\/18.2-308.1","metadata":false},{"id":81568,"structure_id":13912,"section_number":"18.2-308.1:1","catch_line":"Purchase, possession, or transportation of firearms by persons acquitted by reason of insanity; penalty","url":"\/18.2-308.1_1\/","token":"18.2\/7\/7\/18.2-308.1_1","metadata":false},{"id":86450,"structure_id":13912,"section_number":"18.2-308.1:2","catch_line":"Purchase, possession, or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated; penalty","url":"\/18.2-308.1_2\/","token":"18.2\/7\/7\/18.2-308.1_2","metadata":false},{"id":81410,"structure_id":13912,"section_number":"18.2-308.1:3","catch_line":"Purchase, possession, or transportation of firearm by persons involuntarily admitted or ordered to outpatient treatment; penalty","url":"\/18.2-308.1_3\/","token":"18.2\/7\/7\/18.2-308.1_3","metadata":false},{"id":72509,"structure_id":13912,"section_number":"18.2-308.1:4","catch_line":"Purchase or transportation of firearm by persons subject to protective orders; penalties","url":"\/18.2-308.1_4\/","token":"18.2\/7\/7\/18.2-308.1_4","metadata":false},{"id":66125,"structure_id":13912,"section_number":"18.2-308.1:5","catch_line":"Purchase or transportation of firearm by persons convicted of certain drug offenses prohibited","url":"\/18.2-308.1_5\/","token":"18.2\/7\/7\/18.2-308.1_5","metadata":false},{"id":73257,"structure_id":13912,"section_number":"18.2-308.1:6","catch_line":"Purchase, possession, or transportation of firearms by persons subject to substantial risk orders; penalty","url":"\/18.2-308.1_6\/","token":"18.2\/7\/7\/18.2-308.1_6","metadata":false},{"id":81270,"structure_id":13912,"section_number":"18.2-308.1:7","catch_line":"Purchase, possession, or transportation of firearm by persons enrolled into the Voluntary Do Not Sell Firearms List; penalty","url":"\/18.2-308.1_7\/","token":"18.2\/7\/7\/18.2-308.1_7","metadata":false},{"id":81427,"structure_id":13912,"section_number":"18.2-308.1:8","catch_line":"Purchase, possession, or transportation of firearm following an assault and battery of a family or household member; 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exemptions; penalties","url":"\/18.2-308.2_3\/","token":"18.2\/7\/7\/18.2-308.2_3","metadata":false},{"id":71509,"structure_id":13912,"section_number":"18.2-308.2:4","catch_line":"Firearm verification check; penalty","url":"\/18.2-308.2_4\/","token":"18.2\/7\/7\/18.2-308.2_4","metadata":false},{"id":56633,"structure_id":13912,"section_number":"18.2-308.2:5","catch_line":"Criminal history record information check required to sell firearm; penalty","url":"\/18.2-308.2_5\/","token":"18.2\/7\/7\/18.2-308.2_5","metadata":false},{"id":83619,"structure_id":13912,"section_number":"18.2-308.3","catch_line":"Use or attempted use of restricted ammunition in commission or attempted commission of crimes prohibited; penalty","url":"\/18.2-308.3\/","token":"18.2\/7\/7\/18.2-308.3","metadata":false},{"id":80658,"structure_id":13912,"section_number":"18.2-308.4","catch_line":"Possession of firearms while in possession of certain substances","url":"\/18.2-308.4\/","token":"18.2\/7\/7\/18.2-308.4","metadata":false},{"id":59300,"structure_id":13912,"section_number":"18.2-308.5","catch_line":"Manufacture, import, sale, transfer or possession of plastic firearm prohibited","url":"\/18.2-308.5\/","token":"18.2\/7\/7\/18.2-308.5","metadata":false},{"id":76780,"structure_id":13912,"section_number":"18.2-308.5:1","catch_line":"Manufacture, importation, sale, possession, transfer, or transportation of auto sears and trigger activators prohibited; penalty","url":"\/18.2-308.5_1\/","token":"18.2\/7\/7\/18.2-308.5_1","metadata":false},{"id":68711,"structure_id":13912,"section_number":"18.2-308.6","catch_line":"Repealed","url":"\/18.2-308.6\/","token":"18.2\/7\/7\/18.2-308.6","metadata":false},{"id":84194,"structure_id":13912,"section_number":"18.2-308.7","catch_line":"Possession or transportation of certain firearms by persons under the age of 18; penalty","url":"\/18.2-308.7\/","token":"18.2\/7\/7\/18.2-308.7","metadata":false},{"id":77067,"structure_id":13912,"section_number":"18.2-308.8","catch_line":"Importation, sale, possession or transfer of Striker 12's prohibited; penalty","url":"\/18.2-308.8\/","token":"18.2\/7\/7\/18.2-308.8","metadata":false},{"id":80147,"structure_id":13912,"section_number":"18.2-309","catch_line":"Furnishing certain weapons to minors; penalty","url":"\/18.2-309\/","token":"18.2\/7\/7\/18.2-309","metadata":false},{"id":66485,"structure_id":13912,"section_number":"18.2-310","catch_line":"Repealed","url":"\/18.2-310\/","token":"18.2\/7\/7\/18.2-310","metadata":false},{"id":72106,"structure_id":13912,"section_number":"18.2-311","catch_line":"Prohibiting the selling or having in possession blackjacks, etc","url":"\/18.2-311\/","token":"18.2\/7\/7\/18.2-311","metadata":false},{"id":83171,"structure_id":13912,"section_number":"18.2-311.1","catch_line":"Removing, altering, etc., serial number or other identification on firearm; selling, giving, etc., or possessing firearm without serial number; penalties","url":"\/18.2-311.1\/","token":"18.2\/7\/7\/18.2-311.1","metadata":false},{"id":70367,"structure_id":13912,"section_number":"18.2-311.2","catch_line":"Third conviction of firearm offenses; penalty","url":"\/18.2-311.2\/","token":"18.2\/7\/7\/18.2-311.2","metadata":false}],"previous_section":{"id":58832,"structure_id":13912,"section_number":"18.2-308.1","catch_line":"Possession of firearm, stun weapon, or other weapon on school property prohibited; penalty","url":"\/18.2-308.1\/","token":"18.2\/7\/7\/18.2-308.1","metadata":false},"next_section":{"id":86450,"structure_id":13912,"section_number":"18.2-308.1:2","catch_line":"Purchase, possession, or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated; penalty","url":"\/18.2-308.1_2\/","token":"18.2\/7\/7\/18.2-308.1_2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-308.1:1\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 692 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2008, chapters 788<\/a>, 854<\/a>, and 869<\/a>; in 2009, chapters 813<\/a> and 840<\/a>; in 2010, chapter 781<\/a>; in 2011, chapter 775<\/a>; in 2017, chapter 516<\/a>.<\/p>","references":[{"id":85822,"section_number":"18.2-308.09","catch_line":"Disqualifications for a concealed handgun permit","order_by":null,"url":"\/18.2-308.09\/"},{"id":61558,"section_number":"18.2-308.2:1","catch_line":"Prohibiting the selling, etc., of firearms to certain persons; penalties","order_by":null,"url":"\/18.2-308.2_1\/"},{"id":80010,"section_number":"18.2-308.2:2","catch_line":"Criminal history record information check required for the transfer of certain firearms","order_by":null,"url":"\/18.2-308.2_2\/"},{"id":79132,"section_number":"18.2-308.2:3","catch_line":"Criminal background check required for employees of a gun dealer to transfer firearms; exemptions; penalties","order_by":null,"url":"\/18.2-308.2_3\/"}],"refers_to":[{"id":76989,"section_number":"18.2-119","catch_line":"Trespass after having been forbidden to do so; penalties","order_by":null,"url":"\/18.2-119\/"},{"id":67410,"section_number":"18.2-266","catch_line":"Driving motor vehicle, engine, etc., while intoxicated, etc","order_by":null,"url":"\/18.2-266\/"},{"id":56045,"section_number":"18.2-415","catch_line":"Disorderly conduct in public places","order_by":null,"url":"\/18.2-415\/"},{"id":66912,"section_number":"19.2-182.2","catch_line":"Verdict of acquittal by reason of insanity to state the fact; temporary custody and evaluation","order_by":null,"url":"\/19.2-182.2\/"}],"permalink":{"id":167199,"object_type":"law","relational_id":81568,"identifier":"18.2-308.1:1","token":"18.2\/7\/7\/18.2-308.1_1","url":"\/18.2-308.1_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-308.1_1\/","token":"18.2\/7\/7\/18.2-308.1_1","dublin_core":{"Title":"Purchase, possession, or transportation of firearms by persons acquitted by reason of insanity; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-308.1:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It shall be unlawful for any person acquitted by reason of insanity<\/span> and committed to the custody<\/span> of the Commissioner of Behavioral Health and Developmental Services, pursuant to Chapter 11.1 (§ 19.2-182.2<\/a> et seq.) of Title 19.2, on a charge of treason, any felony<\/span> or any offense<\/span> punishable as a misdemeanor<\/span> under Title 54.1 or a Class 1 or Class 2 misdemeanor<\/span> under this title, except those misdemeanor<\/span> violations of (i) Article 2 (§ 18.2-266<\/a> et seq.) of Chapter 7 of this title, (ii) Article 2 (§ 18.2-415<\/a> et seq.) of Chapter 9 of this title, (iii) § 18.2-119<\/a>, or (iv) an ordinance<\/span> of any county, city, or town similar to the offenses<\/span> specified in clause (i), (ii), or (iii), to knowingly and intentionally purchase, possess, or transport any firearm. A violation of this subsection shall be punishable as a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person so acquitted may, upon discharge from the custody<\/span> of the Commissioner, petition<\/span> 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<\/span> shall be mailed or delivered to the attorney for the Commonwealth for the jurisdiction<\/span> where the petition<\/span> was filed who shall be entitled to respond and represent the interests of the Commonwealth. The court shall conduct a hearing<\/span> if requested by either party<\/span>. If the court determines, after receiving and considering evidence<\/span> concerning the circumstances regarding the disability referred to in subsection A and the person’s criminal history, treatment record<\/span>, and reputation as developed through character witness<\/span> statements, testimony<\/span>, or other character evidence<\/span>, 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<\/span>. Any person denied relief by the general district court may petition<\/span> the circuit<\/span> court for a de novo<\/span> review of the denial. Upon a grant of relief in any court, the court shall enter a written order<\/span> granting the petition<\/span>, in which event the provisions of subsection A do not apply. The clerk of court<\/span> shall certify and forward forthwith to the Central Criminal Records Exchange, on a form provided by the Exchange, a copy of any such order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> As used in this section, “treatment record<\/span>” 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. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPURCHASE, POSSESSION, OR TRANSPORTATION OF FIREARMS BY PERSONS ACQUITTED BY\nREASON OF INSANITY; PENALTY (\u00a7 18.2-308.1:1)\n\nA. It shall be unlawful for any person acquitted by reason of insanity and\ncommitted to the custody of the Commissioner of Behavioral Health and\nDevelopmental Services, pursuant to Chapter 11.1 (§ 19.2-182.2 et seq.) of\nTitle 19.2, on a charge of treason, any felony or any offense punishable as a\nmisdemeanor under Title 54.1 or a Class 1 or Class 2 misdemeanor under this\ntitle, except those misdemeanor violations of (i) Article 2 (§ 18.2-266 et\nseq.) of Chapter 7 of this title, (ii) Article 2 (§ 18.2-415 et seq.) of\nChapter 9 of this title, (iii) § 18.2-119, or (iv) an ordinance of any\ncounty, city, or town similar to the offenses specified in clause (i), (ii), or\n(iii), to knowingly and intentionally purchase, possess, or transport any\nfirearm. A violation of this subsection shall be punishable as a Class 1\nmisdemeanor.\n\nB. Any person so acquitted may, upon discharge from the custody of the\nCommissioner, petition the general district court in the city or county in which\nhe resides or, if the person is not a resident of the Commonwealth, the general\ndistrict court of the city or county in which the most recent of the proceedings\ndescribed in subsection A occurred to restore his right to purchase, possess, or\ntransport a firearm. A copy of the petition shall be mailed or delivered to the\nattorney for the Commonwealth for the jurisdiction where the petition was filed\nwho shall be entitled to respond and represent the interests of the\nCommonwealth. The court shall conduct a hearing if requested by either party. If\nthe court determines, after receiving and considering evidence concerning the\ncircumstances regarding the disability referred to in subsection A and the\nperson’s criminal history, treatment record, and reputation as developed\nthrough character witness statements, testimony, or other character evidence,\nthat the person will not be likely to act in a manner dangerous to public safety\nand that the granting of the relief would not be contrary to the public\ninterest, the court shall grant the petition. Any person denied relief by the\ngeneral district court may petition the circuit court for a de novo review of\nthe denial. Upon a grant of relief in any court, the court shall enter a written\norder granting the petition, in which event the provisions of subsection A do\nnot apply. The clerk of court shall certify and forward forthwith to the Central\nCriminal Records Exchange, on a form provided by the Exchange, a copy of any\nsuch order.\n\nC. As used in this section, “treatment record” shall include copies\nof health records detailing the petitioner’s psychiatric history, which\nshall include the records pertaining to the commitment or adjudication that is\nthe subject of the request for relief pursuant to this section.\n\nHISTORY: 1990, c. 692; 2008, cc. 788, 854, 869; 2009, cc. 813, 840; 2010, c.\n781; 2011, c. 775; 2017, c. 516.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}