{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-308.1_3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-308.1_3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-308.1_3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-308.1_3.html"}],"law_id":81410,"edition_id":1,"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","history":"1994, c. 907; 2004, c. 995; 2008, cc. 751, 788; 2010, c. 781; 2011, c. 775; 2017, c. 516; 2018, c. 846; 2020, cc. 299, 1121, 1175.","full_text":"A\n\nIt shall be unlawful for any person (i) involuntarily admitted to a facility or ordered to mandatory outpatient treatment pursuant to § 19.2-169.2; (ii) involuntarily admitted to a facility or ordered to mandatory outpatient treatment as the result of a commitment hearing pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2, notwithstanding the outcome of any appeal taken pursuant to § 37.2-821; (iii) involuntarily admitted to a facility or ordered to mandatory outpatient treatment as a minor 14 years of age or older as the result of a commitment hearing pursuant to Article 16 (§ 16.1-335 et seq.) of Chapter 11 of Title 16.1, notwithstanding the outcome of any appeal taken pursuant to § 16.1-345.6; (iv) who was the subject of a temporary detention order pursuant to § 37.2-809 and subsequently agreed to voluntary admission pursuant to § 37.2-805; (v) who, as a minor 14 years of age or older, was the subject of a temporary detention order pursuant to § 16.1-340.1 and subsequently agreed to voluntary admission pursuant to § 16.1-338; or (vi) who was found incompetent to stand trial and likely to remain so for the foreseeable future and whose case was disposed of in accordance with § 19.2-169.3, to purchase, possess, or transport a firearm. A violation of this subsection shall be punishable as a Class 1 misdemeanor.B\n\nAny person prohibited from purchasing, possessing or transporting firearms under this section may, at any time following his release from involuntary admission to a facility, his release from an order of mandatory outpatient treatment, his release from voluntary admission pursuant to § 37.2-805 following the issuance of a temporary detention order, his release from a training center, or his release as provided by § 19.2-169.3, 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 disabilities 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 likely act in a manner dangerous to public safety and that granting 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":291733,"text":"It shall be unlawful for any person (i) involuntarily admitted to a facility or ordered to mandatory outpatient treatment pursuant to § 19.2-169.2; (ii) involuntarily admitted to a facility or ordered to mandatory outpatient treatment as the result of a commitment hearing pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2, notwithstanding the outcome of any appeal taken pursuant to § 37.2-821; (iii) involuntarily admitted to a facility or ordered to mandatory outpatient treatment as a minor 14 years of age or older as the result of a commitment hearing pursuant to Article 16 (§ 16.1-335 et seq.) of Chapter 11 of Title 16.1, notwithstanding the outcome of any appeal taken pursuant to § 16.1-345.6; (iv) who was the subject of a temporary detention order pursuant to § 37.2-809 and subsequently agreed to voluntary admission pursuant to § 37.2-805; (v) who, as a minor 14 years of age or older, was the subject of a temporary detention order pursuant to § 16.1-340.1 and subsequently agreed to voluntary admission pursuant to § 16.1-338; or (vi) who was found incompetent to stand trial and likely to remain so for the foreseeable future and whose case was disposed of in accordance with § 19.2-169.3, to purchase, possess, or transport a 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":291734,"text":"Any person prohibited from purchasing, possessing or transporting firearms under this section may, at any time following his release from involuntary admission to a facility, his release from an order of mandatory outpatient treatment, his release from voluntary admission pursuant to § 37.2-805 following the issuance of a temporary detention order, his release from a training center, or his release as provided by § 19.2-169.3, 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 disabilities 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 likely act in a manner dangerous to public safety and that granting 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":291735,"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; penalty","url":"\/18.2-308.1_8\/","token":"18.2\/7\/7\/18.2-308.1_8","metadata":false},{"id":56786,"structure_id":13912,"section_number":"18.2-308.2","catch_line":"Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for restoration order; when issued","url":"\/18.2-308.2\/","token":"18.2\/7\/7\/18.2-308.2","metadata":false},{"id":54959,"structure_id":13912,"section_number":"18.2-308.2:01","catch_line":"Possession or transportation of certain firearms by certain persons","url":"\/18.2-308.2_01\/","token":"18.2\/7\/7\/18.2-308.2_01","metadata":false},{"id":61558,"structure_id":13912,"section_number":"18.2-308.2:1","catch_line":"Prohibiting the selling, etc., of firearms to certain persons; penalties","url":"\/18.2-308.2_1\/","token":"18.2\/7\/7\/18.2-308.2_1","metadata":false},{"id":80010,"structure_id":13912,"section_number":"18.2-308.2:2","catch_line":"Criminal history record information check required for the transfer of certain firearms","url":"\/18.2-308.2_2\/","token":"18.2\/7\/7\/18.2-308.2_2","metadata":false},{"id":79132,"structure_id":13912,"section_number":"18.2-308.2:3","catch_line":"Criminal background check required for employees of a gun dealer to transfer firearms; 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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-308.1:3\/","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 7 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 2004, chapter 995<\/a>; in 2008, chapters 751<\/a> and 788<\/a>; in 2010, chapter 781<\/a>; in 2011, chapter 775<\/a>; in 2017, chapter 516<\/a>; in 2018, chapter 846<\/a>; in 2020, chapters 299<\/a>, 1121<\/a>, and 1175<\/a>.<\/p>","references":[{"id":85004,"section_number":"16.1-337.1","catch_line":"Order of involuntary commitment or mandatory outpatient treatment forwarded to Central Criminal Records Exchange; certain voluntary admissions forwarded to Central Criminal Records Exchange; firearm background check","order_by":null,"url":"\/16.1-337.1\/"},{"id":56572,"section_number":"16.1-344","catch_line":"Involuntary commitment; hearing","order_by":null,"url":"\/16.1-344\/"},{"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\/"},{"id":68004,"section_number":"37.2-814","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; written explanation; right to counsel; rights of petitioner","order_by":null,"url":"\/37.2-814\/"},{"id":75630,"section_number":"37.2-819","catch_line":"Order of involuntary admission or mandatory outpatient treatment forwarded to CCRE; certain voluntary admissions forwarded to CCRE; firearm background check","order_by":null,"url":"\/37.2-819\/"}],"refers_to":[{"id":74549,"section_number":"16.1-335","catch_line":"Short title","order_by":null,"url":"\/16.1-335\/"},{"id":77269,"section_number":"16.1-338","catch_line":"Parental admission of minors younger than 14 and nonobjecting minors 14 years of age or older","order_by":null,"url":"\/16.1-338\/"},{"id":68740,"section_number":"16.1-340.1","catch_line":"Involuntary temporary detention; issuance and execution of order","order_by":null,"url":"\/16.1-340.1\/"},{"id":59197,"section_number":"16.1-345.6","catch_line":"Appeal of final order","order_by":null,"url":"\/16.1-345.6\/"},{"id":66444,"section_number":"19.2-169.2","catch_line":"Disposition when defendant found incompetent","order_by":null,"url":"\/19.2-169.2\/"},{"id":80703,"section_number":"19.2-169.3","catch_line":"Disposition of the unrestorably incompetent defendant; aggravated murder charge; sexually violent offense charge","order_by":null,"url":"\/19.2-169.3\/"},{"id":85593,"section_number":"37.2-805","catch_line":"(Effective July 1, 2026) Voluntary admission","order_by":null,"url":"\/37.2-805\/"},{"id":70156,"section_number":"37.2-809","catch_line":"(Effective July 1, 2026) Involuntary temporary detention; issuance and execution of order","order_by":null,"url":"\/37.2-809\/"},{"id":68004,"section_number":"37.2-814","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; written explanation; right to counsel; rights of petitioner","order_by":null,"url":"\/37.2-814\/"},{"id":75804,"section_number":"37.2-821","catch_line":"Appeal of involuntary admission or certification order","order_by":null,"url":"\/37.2-821\/"}],"permalink":{"id":167207,"object_type":"law","relational_id":81410,"identifier":"18.2-308.1:3","token":"18.2\/7\/7\/18.2-308.1_3","url":"\/18.2-308.1_3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-308.1_3\/","token":"18.2\/7\/7\/18.2-308.1_3","dublin_core":{"Title":"Purchase, possession, or transportation of firearm by persons involuntarily admitted or ordered to outpatient treatment; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-308.1:3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It shall be unlawful for any person (i) involuntarily admitted to a facility or ordered to mandatory outpatient treatment pursuant to § 19.2-169.2<\/a>; (ii) involuntarily admitted to a facility or ordered to mandatory outpatient treatment as the result of a commitment hearing<\/span> pursuant to Article 5 (§ 37.2-814<\/a> et seq.) of Chapter 8 of Title 37.2, notwithstanding the outcome of any appeal<\/span> taken pursuant to § 37.2-821<\/a>; (iii) involuntarily admitted to a facility or ordered to mandatory outpatient treatment as a minor<\/span> 14 years of age or older as the result of a commitment hearing<\/span> pursuant to Article 16 (§ 16.1-335<\/a> et seq.) of Chapter 11 of Title 16.1, notwithstanding the outcome of any appeal<\/span> taken pursuant to § 16.1-345.6<\/a>; (iv) who was the subject of a temporary detention order<\/span> pursuant to § 37.2-809<\/a> and subsequently agreed to voluntary admission pursuant to § 37.2-805<\/a>; (v) who, as a minor<\/span> 14 years of age or older, was the subject of a temporary detention order<\/span> pursuant to § 16.1-340.1<\/a> and subsequently agreed to voluntary admission pursuant to § 16.1-338<\/a>; or (vi) who was found incompetent to stand trial<\/span> and likely to remain so for the foreseeable future and whose case was disposed of in accordance with § 19.2-169.3<\/a>, to purchase, possess, or transport a 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 prohibited from purchasing, possessing or transporting firearms under this section may, at any time following his release from involuntary admission to a facility, his release from an order<\/span> of mandatory outpatient treatment, his release from voluntary admission pursuant to § 37.2-805<\/a> following the issuance of a temporary detention order<\/span>, his release from a training center, or his release as provided by § 19.2-169.3<\/a>, 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 disabilities 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 likely act in a manner dangerous to public safety and that granting 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 INVOLUNTARILY\nADMITTED OR ORDERED TO OUTPATIENT TREATMENT; PENALTY (\u00a7 18.2-308.1:3)\n\nA. It shall be unlawful for any person (i) involuntarily admitted to a facility\nor ordered to mandatory outpatient treatment pursuant to § 19.2-169.2; (ii)\ninvoluntarily admitted to a facility or ordered to mandatory outpatient\ntreatment as the result of a commitment hearing pursuant to Article 5 (§\n37.2-814 et seq.) of Chapter 8 of Title 37.2, notwithstanding the outcome of any\nappeal taken pursuant to § 37.2-821; (iii) involuntarily admitted to a\nfacility or ordered to mandatory outpatient treatment as a minor 14 years of age\nor older as the result of a commitment hearing pursuant to Article 16 (§\n16.1-335 et seq.) of Chapter 11 of Title 16.1, notwithstanding the outcome of\nany appeal taken pursuant to § 16.1-345.6; (iv) who was the subject of a\ntemporary detention order pursuant to § 37.2-809 and subsequently agreed to\nvoluntary admission pursuant to § 37.2-805; (v) who, as a minor 14 years of\nage or older, was the subject of a temporary detention order pursuant to §\n16.1-340.1 and subsequently agreed to voluntary admission pursuant to §\n16.1-338; or (vi) who was found incompetent to stand trial and likely to remain\nso for the foreseeable future and whose case was disposed of in accordance with\n§ 19.2-169.3, to purchase, possess, or transport a firearm. A violation of\nthis subsection shall be punishable as a Class 1 misdemeanor.\n\nB. Any person prohibited from purchasing, possessing or transporting firearms\nunder this section may, at any time following his release from involuntary\nadmission to a facility, his release from an order of mandatory outpatient\ntreatment, his release from voluntary admission pursuant to § 37.2-805\nfollowing the issuance of a temporary detention order, his release from a\ntraining center, or his release as provided by § 19.2-169.3, 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 disabilities 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\nlikely act in a manner dangerous to public safety and that granting the relief\nwould not be contrary to the public interest, the court shall grant the\npetition. Any person denied relief by the general district court may petition\nthe circuit court for a de novo review of the denial. Upon a grant of relief in\nany court, the court shall enter a written order granting the petition, in which\nevent the provisions of subsection A do not apply. The clerk of court shall\ncertify and forward forthwith to the Central Criminal Records Exchange, on a\nform 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; 2004, c. 995; 2008, cc. 751, 788; 2010, c. 781; 2011, c.\n775; 2017, c. 516; 2018, c. 846; 2020, cc. 299, 1121, 1175.","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}}