{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-308.1_2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-308.1_2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-308.1_2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-308.1_2.html"}],"law_id":86450,"edition_id":1,"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","history":"1994, c. 907; 1997, c. 921; 2004, c. 995; 2011, c. 775; 2017, c. 516.","full_text":"A\n\nIt 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\n\nAny 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\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":309652,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":309653,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":309654,"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; 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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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-308.1:2\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 907<\/a> 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. It has been modified 4 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 1997, chapter 921<\/a>; in 2004, chapter 995<\/a>; in 2011, chapter 775<\/a>; in 2017, chapter 516<\/a>.<\/p>","references":[{"id":76584,"section_number":"18.2-308.013","catch_line":"Suspension or revocation of permit","order_by":null,"url":"\/18.2-308.013\/"},{"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\/"},{"id":75668,"section_number":"19.2-386.28","catch_line":"Forfeiture of weapons, etc., that are concealed, possessed, transported, or carried in violation of law","order_by":null,"url":"\/19.2-386.28\/"}],"refers_to":[{"id":65465,"section_number":"64.2-2000","catch_line":"Definitions","order_by":null,"url":"\/64.2-2000\/"},{"id":76117,"section_number":"64.2-2012","catch_line":"Petition for restoration, modification, or termination; effects","order_by":null,"url":"\/64.2-2012\/"}],"permalink":{"id":167203,"object_type":"law","relational_id":86450,"identifier":"18.2-308.1:2","token":"18.2\/7\/7\/18.2-308.1_2","url":"\/18.2-308.1_2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-308.1_2\/","token":"18.2\/7\/7\/18.2-308.1_2","dublin_core":{"Title":"Purchase, possession, or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-308.1:2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> 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<\/a> 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<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person whose competency or capacity has been restored pursuant to former § 37.1-134.1, former § 37.2-1012, or § 64.2-2012<\/a> may 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 FIREARM BY PERSONS ADJUDICATED\nLEGALLY INCOMPETENT OR MENTALLY INCAPACITATED; PENALTY (\u00a7 18.2-308.1:2)\n\nA. It shall be unlawful for any person who has been adjudicated (i) legally\nincompetent pursuant to former § 37.1-128.02 or former § 37.1-134,\n(ii) mentally incapacitated pursuant to former § 37.1-128.1 or former\n§ 37.1-132, or (iii) incapacitated pursuant to Chapter 20 (§ 64.2-2000\net seq.) of Title 64.2 to purchase, possess, or transport any firearm. A\nviolation of this subsection shall be punishable as a Class 1 misdemeanor.\n\nB. Any person whose competency or capacity has been restored pursuant to former\n§ 37.1-134.1, former § 37.2-1012, or § 64.2-2012 may petition the\ngeneral district court in the city or county in which he resides or, if the\nperson is not a resident of the Commonwealth, the general district court of the\ncity or county in which the most recent of the proceedings described in\nsubsection A occurred to restore his right to purchase, possess or transport a\nfirearm. A copy of the petition shall be mailed or delivered to the attorney for\nthe Commonwealth for the jurisdiction where the petition was filed who shall be\nentitled to respond and represent the interests of the Commonwealth. The court\nshall conduct a hearing if requested by either party. If the court determines,\nafter receiving and considering evidence concerning the circumstances regarding\nthe disability referred to in subsection A and the person’s criminal\nhistory, treatment record, and reputation as developed through character witness\nstatements, testimony, or other character evidence, that the person will not be\nlikely to act in a manner dangerous to public safety and that the granting of\nthe relief would not be contrary to the public interest, the court shall grant\nthe petition. Any person denied relief by the general district court may\npetition the circuit court for a de novo review of the denial. Upon a grant of\nrelief in any court, the court shall enter a written order granting the\npetition, in which event the provisions of subsection A do not apply. The clerk\nof court shall certify and forward forthwith to the Central Criminal Records\nExchange, on a form provided by the Exchange, a copy of any such 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: 1994, c. 907; 1997, c. 921; 2004, c. 995; 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}}