{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-308.1_8.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-308.1_8.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-308.1_8.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-308.1_8.html"}],"law_id":81427,"edition_id":1,"section_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","history":"2021, Sp. Sess. I, c. 555.","full_text":"A\n\nAny person who knowingly and intentionally purchases, possesses, or transports any firearm following a misdemeanor conviction for an offense that occurred on or after July 1, 2021, for (i) the offense of assault and battery of a family or household member or (ii) an offense substantially similar to clause (i) under the laws of any other state or of the United States is guilty of a Class 1 misdemeanor.B\n\nFor the purposes of this section, “family or household member” means (i) the person’s spouse, whether or not he resides in the same home with the person; (ii) the person’s former spouse, whether or not he resides in the same home with the person; or (iii) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time.C\n\nAny person prohibited from purchasing, possessing, or transporting a firearm pursuant to subsection A shall be prohibited from purchasing, possessing, or transporting a firearm for three years following the date of the conviction at which point the person convicted of such offense shall no longer be prohibited from purchasing, possessing, or transporting a firearm pursuant to subsection A. Such person shall have his firearms rights restored, unless such person receives another disqualifying conviction, is subject to a protective order that would restrict his rights to carry a firearm, or is otherwise prohibited by law from purchasing, possessing, or transporting a firearm.","order_by":null,"text":{"0":{"id":291770,"text":"Any person who knowingly and intentionally purchases, possesses, or transports any firearm following a misdemeanor conviction for an offense that occurred on or after July 1, 2021, for (i) the offense of assault and battery of a family or household member or (ii) an offense substantially similar to clause (i) under the laws of any other state or of the United States is guilty of a Class 1 misdemeanor.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":291771,"text":"For the purposes of this section, “family or household member” means (i) the person’s spouse, whether or not he resides in the same home with the person; (ii) the person’s former spouse, whether or not he resides in the same home with the person; or (iii) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":291772,"text":"Any person prohibited from purchasing, possessing, or transporting a firearm pursuant to subsection A shall be prohibited from purchasing, possessing, or transporting a firearm for three years following the date of the conviction at which point the person convicted of such offense shall no longer be prohibited from purchasing, possessing, or transporting a firearm pursuant to subsection A. Such person shall have his firearms rights restored, unless such person receives another disqualifying conviction, is subject to a protective order that would restrict his rights to carry a firearm, or is otherwise prohibited by law from purchasing, possessing, or transporting a firearm.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-308.1:8\/","history_text":false,"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\/"},{"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":false,"permalink":{"id":167227,"object_type":"law","relational_id":81427,"identifier":"18.2-308.1:8","token":"18.2\/7\/7\/18.2-308.1_8","url":"\/18.2-308.1_8\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-308.1_8\/","token":"18.2\/7\/7\/18.2-308.1_8","dublin_core":{"Title":"Purchase, possession, or transportation of firearm following an assault and battery of a family or household member; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-308.1:8","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person who knowingly and intentionally purchases, possesses, or transports any firearm following a misdemeanor<\/span> conviction<\/span> for an offense<\/span> that occurred on or after July 1, 2021, for (i) the offense<\/span> of assault<\/span> and battery<\/span> of a family or household member<\/span> or (ii) an offense<\/span> substantially similar to clause (i) under the laws<\/span> of any other state or of the United States is guilty of a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For the purposes of this section, “family or household member<\/span>” means (i) the person’s spouse, whether or not he resides in the same home with the person; (ii) the person’s former spouse, whether or not he resides in the same home with the person; or (iii) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person prohibited from purchasing, possessing, or transporting a firearm pursuant to subsection A shall be prohibited from purchasing, possessing, or transporting a firearm for three years following the date of the conviction<\/span> at which point the person convicted of such offense<\/span> shall no longer be prohibited from purchasing, possessing, or transporting a firearm pursuant to subsection A. Such person shall have his firearms rights restored, unless such person receives another disqualifying conviction<\/span>, is subject to a protective order<\/span> that would restrict his rights to carry a firearm, or is otherwise prohibited by law<\/span> from purchasing, possessing, or transporting a firearm. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPURCHASE, POSSESSION, OR TRANSPORTATION OF FIREARM FOLLOWING AN ASSAULT AND\nBATTERY OF A FAMILY OR HOUSEHOLD MEMBER; PENALTY (\u00a7 18.2-308.1:8)\n\nA. Any person who knowingly and intentionally purchases, possesses, or\ntransports any firearm following a misdemeanor conviction for an offense that\noccurred on or after July 1, 2021, for (i) the offense of assault and battery of\na family or household member or (ii) an offense substantially similar to clause\n(i) under the laws of any other state or of the United States is guilty of a\nClass 1 misdemeanor.\n\nB. For the purposes of this section, “family or household member”\nmeans (i) the person’s spouse, whether or not he resides in the same home\nwith the person; (ii) the person’s former spouse, whether or not he\nresides in the same home with the person; or (iii) any individual who has a\nchild in common with the person, whether or not the person and that individual\nhave been married or have resided together at any time.\n\nC. Any person prohibited from purchasing, possessing, or transporting a firearm\npursuant to subsection A shall be prohibited from purchasing, possessing, or\ntransporting a firearm for three years following the date of the conviction at\nwhich point the person convicted of such offense shall no longer be prohibited\nfrom purchasing, possessing, or transporting a firearm pursuant to subsection A.\nSuch person shall have his firearms rights restored, unless such person receives\nanother disqualifying conviction, is subject to a protective order that would\nrestrict his rights to carry a firearm, or is otherwise prohibited by law from\npurchasing, possessing, or transporting a firearm.\n\nHISTORY: 2021, Sp. Sess. I, c. 555.","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}}