{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-308.1_4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-308.1_4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-308.1_4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-308.1_4.html"}],"law_id":72509,"edition_id":1,"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","history":"1994, c. 907; 1996, c. 866; 1998, c. 569; 2001, c. 357; 2002, cc. 783, 865; 2004, c. 995; 2011, cc. 373, 402; 2013, c. 759; 2016, cc. 48, 49; 2020, cc. 1221, 1260.","full_text":"A\n\nIt is unlawful for any person who is subject to (i) a protective order entered pursuant to § 16.1-253.1, 16.1-253.4, 16.1-278.2, 16.1-279.1, 19.2-152.8, 19.2-152.9, or 19.2-152.10; (ii) an order issued pursuant to subsection B of § 20-103; (iii) an order entered pursuant to subsection D of § 18.2-60.3; (iv) a preliminary protective order entered pursuant to subsection F of § 16.1-253 where a petition alleging abuse or neglect has been filed; or (v) an order issued by a tribunal of another state, the United States or any of its territories, possessions, or commonwealths, or the District of Columbia pursuant to a statute that is substantially similar to those cited in clauses (i), (ii), (iii), or (iv) to purchase or transport any firearm while the order is in effect. Any person with a concealed handgun permit shall be prohibited from carrying any concealed firearm, and shall surrender his permit to the court entering the order, for the duration of any protective order referred to herein. A violation of this subsection is a Class 1 misdemeanor.B\n\nIn addition to the prohibition set forth in subsection A, it is unlawful for any person who is subject to a protective order entered pursuant to § 16.1-279.1 or 19.2-152.10 or an order issued by a tribunal of another state, the United States or any of its territories, possessions, or commonwealths, or the District of Columbia pursuant to a statute that is substantially similar to § 16.1-279.1 or 19.2-152.10 to knowingly possess any firearm while the order is in effect, provided that for a period of 24 hours after being served with a protective order in accordance with subsection C of § 16.1-279.1 or subsection D of § 19.2-152.10 such person may continue to possess and, notwithstanding the provisions of subsection A, transport any firearm possessed by such person at the time of service for the purposes of surrendering any such firearm to a law-enforcement agency in accordance with subsection C or selling or transferring any such firearm to a dealer as defined in § 18.2-308.2:2 or to any person who is not otherwise prohibited by law from possessing such firearm in accordance with subsection C. A violation of this subsection is a Class 6 felony.C\n\nUpon issuance of a protective order pursuant to § 16.1-279.1 or 19.2-152.10, the court shall order the person who is subject to the protective order to (i) within 24 hours after being served with a protective order in accordance with subsection C of § 16.1-279.1 or subsection D of § 19.2-152.10 (a) surrender any firearm possessed by such person to a designated local law-enforcement agency, (b) sell or transfer any firearm possessed by such person to a dealer as defined in § 18.2-308.2:2, or (c) sell or transfer any firearm possessed by such person to any person who is not otherwise prohibited by law from possessing such firearm and (ii) within 48 hours after being served with a protective order in accordance with subsection C of § 16.1-279.1 or subsection D of § 19.2-152.10, certify in writing, on a form provided by the Office of the Executive Secretary of the Supreme Court, that such person does not possess any firearms or that all firearms possessed by such person have been surrendered, sold, or transferred and file such certification with the clerk of the court that entered the protective order. The willful failure of any person to certify in writing in accordance with this section that all firearms possessed by such person have been surrendered, sold, or transferred or that such person does not possess any firearms shall constitute contempt of court.D\n\nThe person who is subject to a protective order pursuant to § 16.1-279.1 or 19.2-152.10 shall be provided with the address and hours of operation of a designated local law-enforcement agency and the certification forms when such person is served with a protective order in accordance with subsection C of § 16.1-279.1 or subsection D of § 19.2-152.10.E\n\nA law-enforcement agency that takes into custody a firearm surrendered to such agency pursuant to subsection C by a person who is subject to a protective order pursuant to § 16.1-279.1 or 19.2-152.10 shall prepare a written receipt containing the name of the person who surrendered the firearm and the manufacturer, model, and serial number of the firearm and provide a copy to such person. Any firearm surrendered to and held by a law-enforcement agency pursuant to subsection C shall be returned by such agency to the person who surrendered the firearm upon the expiration or dissolution of the protective order entered pursuant to § 16.1-279.1 or 19.2-152.10. Such agency shall return the firearm within five days of receiving a written request for the return of the firearm by the person who surrendered the firearm and a copy of the receipt provided to such person by the agency. Prior to returning the firearm to such person, the law-enforcement agency holding the firearm shall confirm that such person is no longer subject to a protective order issued pursuant to § 16.1-279.1 or 19.2-152.10 and is not otherwise prohibited by law from possessing a firearm. A firearm surrendered to a law-enforcement agency pursuant to subsection C may be disposed of in accordance with the provisions of § 15.2-1721 if (i) the person from whom the firearm was seized provides written authorization for such disposal to the agency or (ii) the firearm remains in the possession of the agency more than 120 days after such person is no longer subject to a protective order issued pursuant to § 16.1-279.1 or 19.2-152.10 and such person has not submitted a request in writing for the return of the firearm.F\n\nAny law-enforcement agency or law-enforcement officer that takes into custody, stores, possesses, or transports a firearm pursuant to this section shall be immune from civil or criminal liability for any damage to or deterioration, loss, or theft of such firearm.G\n\nThe law-enforcement agencies of the counties, cities, and towns within each judicial circuit shall designate, in coordination with each other, and provide to the chief judges of all circuit and district courts within the judicial circuit, one or more local law-enforcement agencies to receive and store firearms pursuant to this section. The law-enforcement agencies shall provide the chief judges with a list that includes the addresses and hours of operation for any law-enforcement agencies so designated that such addresses and hours of operation may be provided to a person served with a protective order in accordance with subsection C of § 16.1-279.1 or subsection D of § 19.2-152.10.","order_by":null,"text":{"0":{"id":261115,"text":"It is unlawful for any person who is subject to (i) a protective order entered pursuant to § 16.1-253.1, 16.1-253.4, 16.1-278.2, 16.1-279.1, 19.2-152.8, 19.2-152.9, or 19.2-152.10; (ii) an order issued pursuant to subsection B of § 20-103; (iii) an order entered pursuant to subsection D of § 18.2-60.3; (iv) a preliminary protective order entered pursuant to subsection F of § 16.1-253 where a petition alleging abuse or neglect has been filed; or (v) an order issued by a tribunal of another state, the United States or any of its territories, possessions, or commonwealths, or the District of Columbia pursuant to a statute that is substantially similar to those cited in clauses (i), (ii), (iii), or (iv) to purchase or transport any firearm while the order is in effect. Any person with a concealed handgun permit shall be prohibited from carrying any concealed firearm, and shall surrender his permit to the court entering the order, for the duration of any protective order referred to herein. A violation of this subsection is a Class 1 misdemeanor.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":261116,"text":"In addition to the prohibition set forth in subsection A, it is unlawful for any person who is subject to a protective order entered pursuant to § 16.1-279.1 or 19.2-152.10 or an order issued by a tribunal of another state, the United States or any of its territories, possessions, or commonwealths, or the District of Columbia pursuant to a statute that is substantially similar to § 16.1-279.1 or 19.2-152.10 to knowingly possess any firearm while the order is in effect, provided that for a period of 24 hours after being served with a protective order in accordance with subsection C of § 16.1-279.1 or subsection D of § 19.2-152.10 such person may continue to possess and, notwithstanding the provisions of subsection A, transport any firearm possessed by such person at the time of service for the purposes of surrendering any such firearm to a law-enforcement agency in accordance with subsection C or selling or transferring any such firearm to a dealer as defined in § 18.2-308.2:2 or to any person who is not otherwise prohibited by law from possessing such firearm in accordance with subsection C. A violation of this subsection is a Class 6 felony.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":261117,"text":"Upon issuance of a protective order pursuant to § 16.1-279.1 or 19.2-152.10, the court shall order the person who is subject to the protective order to (i) within 24 hours after being served with a protective order in accordance with subsection C of § 16.1-279.1 or subsection D of § 19.2-152.10 (a) surrender any firearm possessed by such person to a designated local law-enforcement agency, (b) sell or transfer any firearm possessed by such person to a dealer as defined in § 18.2-308.2:2, or (c) sell or transfer any firearm possessed by such person to any person who is not otherwise prohibited by law from possessing such firearm and (ii) within 48 hours after being served with a protective order in accordance with subsection C of § 16.1-279.1 or subsection D of § 19.2-152.10, certify in writing, on a form provided by the Office of the Executive Secretary of the Supreme Court, that such person does not possess any firearms or that all firearms possessed by such person have been surrendered, sold, or transferred and file such certification with the clerk of the court that entered the protective order. The willful failure of any person to certify in writing in accordance with this section that all firearms possessed by such person have been surrendered, sold, or transferred or that such person does not possess any firearms shall constitute contempt of court.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":261118,"text":"The person who is subject to a protective order pursuant to § 16.1-279.1 or 19.2-152.10 shall be provided with the address and hours of operation of a designated local law-enforcement agency and the certification forms when such person is served with a protective order in accordance with subsection C of § 16.1-279.1 or subsection D of § 19.2-152.10.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":261119,"text":"A law-enforcement agency that takes into custody a firearm surrendered to such agency pursuant to subsection C by a person who is subject to a protective order pursuant to § 16.1-279.1 or 19.2-152.10 shall prepare a written receipt containing the name of the person who surrendered the firearm and the manufacturer, model, and serial number of the firearm and provide a copy to such person. Any firearm surrendered to and held by a law-enforcement agency pursuant to subsection C shall be returned by such agency to the person who surrendered the firearm upon the expiration or dissolution of the protective order entered pursuant to § 16.1-279.1 or 19.2-152.10. Such agency shall return the firearm within five days of receiving a written request for the return of the firearm by the person who surrendered the firearm and a copy of the receipt provided to such person by the agency. Prior to returning the firearm to such person, the law-enforcement agency holding the firearm shall confirm that such person is no longer subject to a protective order issued pursuant to § 16.1-279.1 or 19.2-152.10 and is not otherwise prohibited by law from possessing a firearm. A firearm surrendered to a law-enforcement agency pursuant to subsection C may be disposed of in accordance with the provisions of § 15.2-1721 if (i) the person from whom the firearm was seized provides written authorization for such disposal to the agency or (ii) the firearm remains in the possession of the agency more than 120 days after such person is no longer subject to a protective order issued pursuant to § 16.1-279.1 or 19.2-152.10 and such person has not submitted a request in writing for the return of the firearm.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":261120,"text":"Any law-enforcement agency or law-enforcement officer that takes into custody, stores, possesses, or transports a firearm pursuant to this section shall be immune from civil or criminal liability for any damage to or deterioration, loss, or theft of such firearm.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":261121,"text":"The law-enforcement agencies of the counties, cities, and towns within each judicial circuit shall designate, in coordination with each other, and provide to the chief judges of all circuit and district courts within the judicial circuit, one or more local law-enforcement agencies to receive and store firearms pursuant to this section. The law-enforcement agencies shall provide the chief judges with a list that includes the addresses and hours of operation for any law-enforcement agencies so designated that such addresses and hours of operation may be provided to a person served with a protective order in accordance with subsection C of § 16.1-279.1 or subsection D of § 19.2-152.10.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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; 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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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-308.1:4\/","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 9 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 1996, chapter 866<\/a>; in 1998, chapter 569<\/a>; in 2001, chapter 357<\/a>; in 2002, chapters 783<\/a> and 865<\/a>; in 2004, chapter 995<\/a>; in 2011, chapters 373<\/a> and 402<\/a>; in 2013, chapter 759<\/a>; in 2016, chapters 48<\/a> and 49<\/a>; in 2020, chapters 1221<\/a> and 1260<\/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":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":77275,"section_number":"15.2-1721","catch_line":"Disposal of unclaimed firearms or other weapons in possession of sheriff or police","order_by":null,"url":"\/15.2-1721\/"},{"id":62537,"section_number":"16.1-253","catch_line":"Preliminary protective order","order_by":null,"url":"\/16.1-253\/"},{"id":61705,"section_number":"16.1-253.1","catch_line":"Preliminary protective orders in cases of family abuse; confidentiality","order_by":null,"url":"\/16.1-253.1\/"},{"id":60177,"section_number":"16.1-253.4","catch_line":"Emergency protective orders authorized in certain cases; penalty","order_by":null,"url":"\/16.1-253.4\/"},{"id":59979,"section_number":"16.1-278.2","catch_line":"Abused, neglected, or abandoned children or children without parental care","order_by":null,"url":"\/16.1-278.2\/"},{"id":62456,"section_number":"16.1-279.1","catch_line":"Protective order in cases of family abuse","order_by":null,"url":"\/16.1-279.1\/"},{"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":54485,"section_number":"18.2-60.3","catch_line":"Stalking; penalty","order_by":null,"url":"\/18.2-60.3\/"},{"id":83461,"section_number":"19.2-152.10","catch_line":"Protective order","order_by":null,"url":"\/19.2-152.10\/"},{"id":67602,"section_number":"19.2-152.8","catch_line":"Emergency protective orders authorized","order_by":null,"url":"\/19.2-152.8\/"},{"id":57556,"section_number":"19.2-152.9","catch_line":"Preliminary protective orders","order_by":null,"url":"\/19.2-152.9\/"},{"id":84768,"section_number":"20-103","catch_line":"Court may make orders pending suit for divorce, custody or visitation, etc","order_by":null,"url":"\/20-103\/"}],"permalink":{"id":167211,"object_type":"law","relational_id":72509,"identifier":"18.2-308.1:4","token":"18.2\/7\/7\/18.2-308.1_4","url":"\/18.2-308.1_4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-308.1_4\/","token":"18.2\/7\/7\/18.2-308.1_4","dublin_core":{"Title":"Purchase or transportation of firearm by persons subject to protective orders; penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-308.1:4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It is unlawful for any person who is subject to (i) a protective order<\/span> entered pursuant to § 16.1-253.1<\/a>, 16.1-253.4<\/a>, 16.1-278.2<\/a>, 16.1-279.1<\/a>, 19.2-152.8<\/a>, 19.2-152.9<\/a>, or 19.2-152.10<\/a>; (ii) an order<\/span> issued pursuant to subsection B of § 20-103<\/a>; (iii) an order<\/span> entered pursuant to subsection D of § 18.2-60.3<\/a>; (iv) a preliminary protective order<\/span> entered pursuant to subsection F of § 16.1-253<\/a> where a petition<\/span> alleging abuse or neglect has been filed; or (v) an order<\/span> issued by a tribunal of another state, the United States or any of its territories, possessions<\/span>, or commonwealths, or the District of Columbia pursuant to a statute<\/span> that is substantially similar to those cited in clauses (i), (ii), (iii), or (iv) to purchase or transport any firearm while the order<\/span> is in effect. Any person with a concealed handgun permit shall be prohibited from carrying any concealed firearm, and shall surrender his permit to the court<\/span> entering the order<\/span>, for the duration of any protective order<\/span> referred to herein. A violation of this subsection is a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In addition to the prohibition set forth in subsection A, it is unlawful for any person who is subject to a protective order<\/span> entered pursuant to § 16.1-279.1<\/a> or 19.2-152.10<\/a> or an order<\/span> issued by a tribunal of another state, the United States or any of its territories, possessions<\/span>, or commonwealths, or the District of Columbia pursuant to a statute<\/span> that is substantially similar to § 16.1-279.1<\/a> or 19.2-152.10<\/a> to knowingly possess any firearm while the order<\/span> is in effect, provided that for a period of 24 hours after being served with a protective order<\/span> in accordance with subsection C of § 16.1-279.1<\/a> or subsection D of § 19.2-152.10<\/a> such person may continue to possess and, notwithstanding the provisions of subsection A, transport any firearm possessed by such person at the time of service for the purposes of surrendering any such firearm to a law<\/span>-enforcement agency in accordance with subsection C or selling or transferring any such firearm to a dealer as defined in § 18.2-308.2:2<\/a> or to any person who is not otherwise prohibited by law<\/span> from possessing such firearm in accordance with subsection C. A violation of this subsection is a Class 6 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon issuance of a protective order<\/span> pursuant to § 16.1-279.1<\/a> or 19.2-152.10<\/a>, the court shall order<\/span> the person who is subject to the protective order<\/span> to (i) within 24 hours after being served with a protective order<\/span> in accordance with subsection C of § 16.1-279.1<\/a> or subsection D of § 19.2-152.10<\/a> (a) surrender any firearm possessed by such person to a designated local law<\/span>-enforcement agency, (b) sell or transfer any firearm possessed by such person to a dealer as defined in § 18.2-308.2:2<\/a>, or (c) sell or transfer any firearm possessed by such person to any person who is not otherwise prohibited by law<\/span> from possessing such firearm and (ii) within 48 hours after being served with a protective order<\/span> in accordance with subsection C of § 16.1-279.1<\/a> or subsection D of § 19.2-152.10<\/a>, certify in writing, on a form provided by the Office of the Executive Secretary of the Supreme Court, that such person does not possess any firearms or that all firearms possessed by such person have been surrendered, sold, or transferred and file such certification with the clerk of the court that entered the protective order<\/span>. The willful failure of any person to certify in writing in accordance with this section that all firearms possessed by such person have been surrendered, sold, or transferred or that such person does not possess any firearms shall constitute contempt of court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The person who is subject to a protective order<\/span> pursuant to § 16.1-279.1<\/a> or 19.2-152.10<\/a> shall be provided with the address and hours of operation of a designated local law<\/span>-enforcement agency and the certification forms when such person is served with a protective order<\/span> in accordance with subsection C of § 16.1-279.1<\/a> or subsection D of § 19.2-152.10<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A law<\/span>-enforcement agency that takes into custody<\/span> a firearm surrendered to such agency pursuant to subsection C by a person who is subject to a protective order<\/span> pursuant to § 16.1-279.1<\/a> or 19.2-152.10<\/a> shall prepare a written receipt containing the name of the person who surrendered the firearm and the manufacturer, model, and serial number of the firearm and provide a copy to such person. Any firearm surrendered to and held by a law<\/span>-enforcement agency pursuant to subsection C shall be returned by such agency to the person who surrendered the firearm upon the expiration or dissolution of the protective order<\/span> entered pursuant to § 16.1-279.1<\/a> or 19.2-152.10<\/a>. Such agency shall return the firearm within five days of receiving a written request for the return of the firearm by the person who surrendered the firearm and a copy of the receipt provided to such person by the agency. Prior to returning the firearm to such person, the law<\/span>-enforcement agency holding the firearm shall confirm that such person is no longer subject to a protective order<\/span> issued pursuant to § 16.1-279.1<\/a> or 19.2-152.10<\/a> and is not otherwise prohibited by law<\/span> from possessing a firearm. A firearm surrendered to a law<\/span>-enforcement agency pursuant to subsection C may be disposed of in accordance with the provisions of § 15.2-1721<\/a> if (i) the person from whom the firearm was seized provides written authorization for such disposal to the agency or (ii) the firearm remains in the possession<\/span> of the agency more than 120 days after such person is no longer subject to a protective order<\/span> issued pursuant to § 16.1-279.1<\/a> or 19.2-152.10<\/a> and such person has not submitted a request in writing for the return of the firearm. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any law<\/span>-enforcement agency or law<\/span>-enforcement officer that takes into custody<\/span>, stores, possesses, or transports a firearm pursuant to this section shall be immune from civil or criminal liability for any damage to or deterioration, loss, or theft of such firearm. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The law<\/span>-enforcement agencies of the counties, cities, and towns within each judicial circuit<\/span> shall designate, in coordination with each other, and provide to the chief judges<\/span> of all circuit<\/span> and district courts<\/span> within the judicial circuit<\/span>, one or more local law<\/span>-enforcement agencies to receive and store firearms pursuant to this section. The law<\/span>-enforcement agencies shall provide the chief judges<\/span> with a list that includes the addresses and hours of operation for any law<\/span>-enforcement agencies so designated that such addresses and hours of operation may be provided to a person served with a protective order<\/span> in accordance with subsection C of § 16.1-279.1<\/a> or subsection D of § 19.2-152.10<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPURCHASE OR TRANSPORTATION OF FIREARM BY PERSONS SUBJECT TO PROTECTIVE ORDERS;\nPENALTIES (\u00a7 18.2-308.1:4)\n\nA. It is unlawful for any person who is subject to (i) a protective order\nentered pursuant to § 16.1-253.1, 16.1-253.4, 16.1-278.2, 16.1-279.1,\n19.2-152.8, 19.2-152.9, or 19.2-152.10; (ii) an order issued pursuant to\nsubsection B of § 20-103; (iii) an order entered pursuant to subsection D\nof § 18.2-60.3; (iv) a preliminary protective order entered pursuant to\nsubsection F of § 16.1-253 where a petition alleging abuse or neglect has\nbeen filed; or (v) an order issued by a tribunal of another state, the United\nStates or any of its territories, possessions, or commonwealths, or the District\nof Columbia pursuant to a statute that is substantially similar to those cited\nin clauses (i), (ii), (iii), or (iv) to purchase or transport any firearm while\nthe order is in effect. Any person with a concealed handgun permit shall be\nprohibited from carrying any concealed firearm, and shall surrender his permit\nto the court entering the order, for the duration of any protective order\nreferred to herein. A violation of this subsection is a Class 1 misdemeanor.\n\nB. In addition to the prohibition set forth in subsection A, it is unlawful for\nany person who is subject to a protective order entered pursuant to §\n16.1-279.1 or 19.2-152.10 or an order issued by a tribunal of another state, the\nUnited States or any of its territories, possessions, or commonwealths, or the\nDistrict of Columbia pursuant to a statute that is substantially similar to\n§ 16.1-279.1 or 19.2-152.10 to knowingly possess any firearm while the\norder is in effect, provided that for a period of 24 hours after being served\nwith a protective order in accordance with subsection C of § 16.1-279.1 or\nsubsection D of § 19.2-152.10 such person may continue to possess and,\nnotwithstanding the provisions of subsection A, transport any firearm possessed\nby such person at the time of service for the purposes of surrendering any such\nfirearm to a law-enforcement agency in accordance with subsection C or selling\nor transferring any such firearm to a dealer as defined in § 18.2-308.2:2\nor to any person who is not otherwise prohibited by law from possessing such\nfirearm in accordance with subsection C. A violation of this subsection is a\nClass 6 felony.\n\nC. Upon issuance of a protective order pursuant to § 16.1-279.1 or\n19.2-152.10, the court shall order the person who is subject to the protective\norder to (i) within 24 hours after being served with a protective order in\naccordance with subsection C of § 16.1-279.1 or subsection D of §\n19.2-152.10 (a) surrender any firearm possessed by such person to a designated\nlocal law-enforcement agency, (b) sell or transfer any firearm possessed by such\nperson to a dealer as defined in § 18.2-308.2:2, or (c) sell or transfer\nany firearm possessed by such person to any person who is not otherwise\nprohibited by law from possessing such firearm and (ii) within 48 hours after\nbeing served with a protective order in accordance with subsection C of §\n16.1-279.1 or subsection D of § 19.2-152.10, certify in writing, on a form\nprovided by the Office of the Executive Secretary of the Supreme Court, that\nsuch person does not possess any firearms or that all firearms possessed by such\nperson have been surrendered, sold, or transferred and file such certification\nwith the clerk of the court that entered the protective order. The willful\nfailure of any person to certify in writing in accordance with this section that\nall firearms possessed by such person have been surrendered, sold, or\ntransferred or that such person does not possess any firearms shall constitute\ncontempt of court.\n\nD. The person who is subject to a protective order pursuant to § 16.1-279.1\nor 19.2-152.10 shall be provided with the address and hours of operation of a\ndesignated local law-enforcement agency and the certification forms when such\nperson is served with a protective order in accordance with subsection C of\n§ 16.1-279.1 or subsection D of § 19.2-152.10.\n\nE. A law-enforcement agency that takes into custody a firearm surrendered to\nsuch agency pursuant to subsection C by a person who is subject to a protective\norder pursuant to § 16.1-279.1 or 19.2-152.10 shall prepare a written\nreceipt containing the name of the person who surrendered the firearm and the\nmanufacturer, model, and serial number of the firearm and provide a copy to such\nperson. Any firearm surrendered to and held by a law-enforcement agency pursuant\nto subsection C shall be returned by such agency to the person who surrendered\nthe firearm upon the expiration or dissolution of the protective order entered\npursuant to § 16.1-279.1 or 19.2-152.10. Such agency shall return the\nfirearm within five days of receiving a written request for the return of the\nfirearm by the person who surrendered the firearm and a copy of the receipt\nprovided to such person by the agency. Prior to returning the firearm to such\nperson, the law-enforcement agency holding the firearm shall confirm that such\nperson is no longer subject to a protective order issued pursuant to §\n16.1-279.1 or 19.2-152.10 and is not otherwise prohibited by law from possessing\na firearm. A firearm surrendered to a law-enforcement agency pursuant to\nsubsection C may be disposed of in accordance with the provisions of §\n15.2-1721 if (i) the person from whom the firearm was seized provides written\nauthorization for such disposal to the agency or (ii) the firearm remains in the\npossession of the agency more than 120 days after such person is no longer\nsubject to a protective order issued pursuant to § 16.1-279.1 or\n19.2-152.10 and such person has not submitted a request in writing for the\nreturn of the firearm.\n\nF. Any law-enforcement agency or law-enforcement officer that takes into\ncustody, stores, possesses, or transports a firearm pursuant to this section\nshall be immune from civil or criminal liability for any damage to or\ndeterioration, loss, or theft of such firearm.\n\nG. The law-enforcement agencies of the counties, cities, and towns within each\njudicial circuit shall designate, in coordination with each other, and provide\nto the chief judges of all circuit and district courts within the judicial\ncircuit, one or more local law-enforcement agencies to receive and store\nfirearms pursuant to this section. The law-enforcement agencies shall provide\nthe chief judges with a list that includes the addresses and hours of operation\nfor any law-enforcement agencies so designated that such addresses and hours of\noperation may be provided to a person served with a protective order in\naccordance with subsection C of § 16.1-279.1 or subsection D of §\n19.2-152.10.\n\nHISTORY: 1994, c. 907; 1996, c. 866; 1998, c. 569; 2001, c. 357; 2002, cc. 783,\n865; 2004, c. 995; 2011, cc. 373, 402; 2013, c. 759; 2016, cc. 48, 49; 2020, cc.\n1221, 1260.","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}}