{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-308.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-308.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-308.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-308.2.html"}],"law_id":56786,"edition_id":1,"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","history":"1979, c. 474; 1982, c. 515; 1983, c. 233; 1986, cc. 409, 641; 1987, c. 108; 1988, c. 237; 1989, cc. 514, 531; 1993, cc. 468, 926; 1994, cc. 859, 949; 1999, cc. 829, 846; 2001, cc. 811, 854; 2002, c. 362; 2003, c. 110; 2004, cc. 429, 461, 995; 2005, cc. 600, 833; 2007, c. 519; 2008, c. 752; 2009, c. 236; 2010, c. 781; 2015, cc. 200, 767; 2016, c. 337; 2017, c. 767; 2019, c. 203; 2020, cc. 1111, 1112.","full_text":"A\n\nIt shall be unlawful for (i) any person who has been convicted of a felony; (ii) any person adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of murder in violation of § 18.2-31 or 18.2-32, kidnapping in violation of § 18.2-47, robbery by the threat or presentation of firearms in violation of § 18.2-58, or rape in violation of § 18.2-61; or (iii) any person under the age of 29 who was adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of a delinquent act which would be a felony if committed by an adult, other than those felonies set forth in clause (ii), whether such conviction or adjudication occurred under the laws of the Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof, to knowingly and intentionally possess or transport any firearm or ammunition for a firearm, any stun weapon as defined by § 18.2-308.1, or any explosive material, or to knowingly and intentionally carry about his person, hidden from common observation, any weapon described in subsection A of § 18.2-308. However, such person may possess in his residence or the curtilage thereof a stun weapon as defined by § 18.2-308.1. Any person who violates this section shall be guilty of a Class 6 felony. However, any person who violates this section by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of a violent felony as defined in § 17.1-805 shall be sentenced to a mandatory minimum term of imprisonment of five years. Any person who violates this section by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of any other felony within the prior 10 years shall be sentenced to a mandatory minimum term of imprisonment of two years. The mandatory minimum terms of imprisonment prescribed for violations of this section shall be served consecutively with any other sentence.B\n\nThe prohibitions of subsection A shall not apply to (i) any person who possesses a firearm, ammunition for a firearm, explosive material or other weapon while carrying out his duties as a member of the Armed Forces of the United States or of the National Guard of Virginia or of any other state, (ii) any law-enforcement officer in the performance of his duties, (iii) any person who has been pardoned or whose political disabilities have been removed pursuant to Article V, Section 12 of the Constitution of Virginia provided the Governor, in the document granting the pardon or removing the person’s political disabilities, may expressly place conditions upon the reinstatement of the person’s right to ship, transport, possess or receive firearms, (iv) any person whose right to possess firearms or ammunition has been restored under the law of another state subject to conditions placed upon the reinstatement of the person’s right to ship, transport, possess, or receive firearms by such state, or (v) any person adjudicated delinquent as a juvenile who has completed a term of service of no less than two years in the Armed Forces of the United States and, if such person has been discharged from the Armed Forces of the United States, received an honorable discharge and who is not otherwise prohibited under clause (i) or (ii) of subsection A.C\n\nAny person prohibited from possessing, transporting, or carrying a firearm, ammunition for a firearm, or a stun weapon under subsection A may petition the circuit court of the jurisdiction in which he resides or, if the person is not a resident of the Commonwealth, the circuit court of any county or city where such person was last convicted of a felony or adjudicated delinquent of a disqualifying offense pursuant to subsection A, for a restoration order that unconditionally authorizes possessing, transporting, or carrying a firearm, ammunition for a firearm, or a stun weapon; however, no person who has been convicted of a felony shall be qualified to petition for such an order unless his civil rights have been restored by the Governor or other appropriate authority. 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. The court may, in its discretion and for good cause shown, grant such petition and issue a restoration order. Such order shall contain the petitioner’s name and date of birth. The clerk shall certify and forward forthwith to the Central Criminal Records Exchange (CCRE), on a form provided by the CCRE, a copy of the order to be accompanied by a complete set of the petitioner’s fingerprints. The Department of State Police shall forthwith enter the petitioner’s name and description in the CCRE so that the order’s existence will be made known to law-enforcement personnel accessing the computerized criminal history records for investigative purposes. The provisions of this section relating to firearms, ammunition for a firearm, and stun weapons shall not apply to any person who has been issued a restoration order pursuant to this subsection.C1\n\nAny person who was prohibited from possessing, transporting or carrying explosive material under subsection A may possess, transport or carry such explosive material if his right to possess, transport or carry explosive material has been restored pursuant to federal law.C2\n\nThe prohibitions of subsection A shall not prohibit any person other than a person convicted of an act of violence as defined in § 19.2-297.1 or a violent felony as defined in subsection C of § 17.1-805 from possessing, transporting, or carrying (i) antique firearms or (ii) black powder in a quantity not exceeding five pounds if it is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms. For the purposes of this subsection, “antique firearms” means any firearm described in subdivision 3 of the definition of “antique firearm” in subsection F of § 18.2-308.2:2.D\n\nFor the purpose of this section:\n\t\t\t“Ammunition for a firearm” means the combination of a cartridge, projectile, primer, or propellant designed for use in a firearm other than an antique firearm as defined in § 18.2-308.2:2.\n\t\t\t“Explosive material” means any chemical compound mixture, or device, the primary or common purpose of which is to function by explosion; the term includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, smokeless gun powder, detonators, blasting caps and detonating cord but shall not include fireworks or permissible fireworks as defined in § 27-95.","order_by":null,"text":{"0":{"id":207792,"text":"It shall be unlawful for (i) any person who has been convicted of a felony; (ii) any person adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of murder in violation of § 18.2-31 or 18.2-32, kidnapping in violation of § 18.2-47, robbery by the threat or presentation of firearms in violation of § 18.2-58, or rape in violation of § 18.2-61; or (iii) any person under the age of 29 who was adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of a delinquent act which would be a felony if committed by an adult, other than those felonies set forth in clause (ii), whether such conviction or adjudication occurred under the laws of the Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof, to knowingly and intentionally possess or transport any firearm or ammunition for a firearm, any stun weapon as defined by § 18.2-308.1, or any explosive material, or to knowingly and intentionally carry about his person, hidden from common observation, any weapon described in subsection A of § 18.2-308. However, such person may possess in his residence or the curtilage thereof a stun weapon as defined by § 18.2-308.1. Any person who violates this section shall be guilty of a Class 6 felony. However, any person who violates this section by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of a violent felony as defined in § 17.1-805 shall be sentenced to a mandatory minimum term of imprisonment of five years. Any person who violates this section by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of any other felony within the prior 10 years shall be sentenced to a mandatory minimum term of imprisonment of two years. The mandatory minimum terms of imprisonment prescribed for violations of this section shall be served consecutively with any other sentence.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":207793,"text":"The prohibitions of subsection A shall not apply to (i) any person who possesses a firearm, ammunition for a firearm, explosive material or other weapon while carrying out his duties as a member of the Armed Forces of the United States or of the National Guard of Virginia or of any other state, (ii) any law-enforcement officer in the performance of his duties, (iii) any person who has been pardoned or whose political disabilities have been removed pursuant to Article V, Section 12 of the Constitution of Virginia provided the Governor, in the document granting the pardon or removing the person’s political disabilities, may expressly place conditions upon the reinstatement of the person’s right to ship, transport, possess or receive firearms, (iv) any person whose right to possess firearms or ammunition has been restored under the law of another state subject to conditions placed upon the reinstatement of the person’s right to ship, transport, possess, or receive firearms by such state, or (v) any person adjudicated delinquent as a juvenile who has completed a term of service of no less than two years in the Armed Forces of the United States and, if such person has been discharged from the Armed Forces of the United States, received an honorable discharge and who is not otherwise prohibited under clause (i) or (ii) of subsection A.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":207794,"text":"Any person prohibited from possessing, transporting, or carrying a firearm, ammunition for a firearm, or a stun weapon under subsection A may petition the circuit court of the jurisdiction in which he resides or, if the person is not a resident of the Commonwealth, the circuit court of any county or city where such person was last convicted of a felony or adjudicated delinquent of a disqualifying offense pursuant to subsection A, for a restoration order that unconditionally authorizes possessing, transporting, or carrying a firearm, ammunition for a firearm, or a stun weapon; however, no person who has been convicted of a felony shall be qualified to petition for such an order unless his civil rights have been restored by the Governor or other appropriate authority. 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. The court may, in its discretion and for good cause shown, grant such petition and issue a restoration order. Such order shall contain the petitioner’s name and date of birth. The clerk shall certify and forward forthwith to the Central Criminal Records Exchange (CCRE), on a form provided by the CCRE, a copy of the order to be accompanied by a complete set of the petitioner’s fingerprints. The Department of State Police shall forthwith enter the petitioner’s name and description in the CCRE so that the order’s existence will be made known to law-enforcement personnel accessing the computerized criminal history records for investigative purposes. The provisions of this section relating to firearms, ammunition for a firearm, and stun weapons shall not apply to any person who has been issued a restoration order pursuant to this subsection.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":207795,"text":"Any person who was prohibited from possessing, transporting or carrying explosive material under subsection A may possess, transport or carry such explosive material if his right to possess, transport or carry explosive material has been restored pursuant to federal law.","type":"section","prefixes":["C1"],"prefix":"C1","entire_prefix":"C1","prefix_anchor":"C1","level":1,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":207796,"text":"The prohibitions of subsection A shall not prohibit any person other than a person convicted of an act of violence as defined in § 19.2-297.1 or a violent felony as defined in subsection C of § 17.1-805 from possessing, transporting, or carrying (i) antique firearms or (ii) black powder in a quantity not exceeding five pounds if it is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms. For the purposes of this subsection, “antique firearms” means any firearm described in subdivision 3 of the definition of “antique firearm” in subsection F of § 18.2-308.2:2.","type":"section","prefixes":["C2"],"prefix":"C2","entire_prefix":"C2","prefix_anchor":"C2","level":1,"prior_prefix":"C1","next_prefix":"D"},"5":{"id":207797,"text":"For the purpose of this section:\n\t\t\t“Ammunition for a firearm” means the combination of a cartridge, projectile, primer, or propellant designed for use in a firearm other than an antique firearm as defined in § 18.2-308.2:2.\n\t\t\t“Explosive material” means any chemical compound mixture, or device, the primary or common purpose of which is to function by explosion; the term includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, smokeless gun powder, detonators, blasting caps and detonating cord but shall not include fireworks or permissible fireworks as defined in § 27-95.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2"}},"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; 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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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-308.2\/","history_text":"

This law was first created in 1979. The record of its establishment is cataloged in chapter 474 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 23 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 1982, chapter 515; in 1983, chapter 233; in 1986, chapters 409 and 641; in 1987, chapter 108; in 1988, chapter 237; in 1989, chapters 514 and 531; in 1993, chapters 468 and 926; in 1994, chapters 859<\/a> and 949<\/a>; in 1999, chapters 829<\/a> and 846<\/a>; in 2001, chapters 811<\/a> and 854<\/a>; in 2002, chapter 362<\/a>; in 2003, chapter 110<\/a>; in 2004, chapters 429<\/a>, 461<\/a>, and 995<\/a>; in 2005, chapters 600<\/a> and 833<\/a>; in 2007, chapter 519<\/a>; in 2008, chapter 752<\/a>; in 2009, chapter 236<\/a>; in 2010, chapter 781<\/a>; in 2015, chapters 200<\/a> and 767<\/a>; in 2016, chapter 337<\/a>; in 2017, chapter 767<\/a>; in 2019, chapter 203<\/a>; in 2020, chapters 1111<\/a> and 1112<\/a>.<\/p>","references":[{"id":87014,"section_number":"16.1-305","catch_line":"Confidentiality of court records","order_by":null,"url":"\/16.1-305\/"},{"id":80246,"section_number":"17.1-805","catch_line":"Adoption of initial discretionary sentencing guideline midpoints","order_by":null,"url":"\/17.1-805\/"},{"id":80457,"section_number":"18.2-283.2","catch_line":"Carrying a firearm or explosive material within Capitol Square and the surrounding area, into a building owned or leased by the Commonwealth, etc.; penalty","order_by":null,"url":"\/18.2-283.2\/"},{"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":86583,"section_number":"18.2-46.1","catch_line":"Definitions","order_by":null,"url":"\/18.2-46.1\/"},{"id":68291,"section_number":"18.2-513","catch_line":"Definitions","order_by":null,"url":"\/18.2-513\/"},{"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":63594,"section_number":"19.2-389.1","catch_line":"Dissemination of juvenile record information","order_by":null,"url":"\/19.2-389.1\/"},{"id":74660,"section_number":"19.2-392.12","catch_line":"(Effective July 1, 2026) Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition","order_by":null,"url":"\/19.2-392.12\/"}],"refers_to":[{"id":80246,"section_number":"17.1-805","catch_line":"Adoption of initial discretionary sentencing guideline midpoints","order_by":null,"url":"\/17.1-805\/"},{"id":56600,"section_number":"18.2-308","catch_line":"Carrying concealed weapons; exceptions; penalty","order_by":null,"url":"\/18.2-308\/"},{"id":58832,"section_number":"18.2-308.1","catch_line":"Possession of firearm, stun weapon, or other weapon on school property prohibited; penalty","order_by":null,"url":"\/18.2-308.1\/"},{"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":79946,"section_number":"18.2-31","catch_line":"Aggravated murder defined; punishment","order_by":null,"url":"\/18.2-31\/"},{"id":57602,"section_number":"18.2-32","catch_line":"First and second degree murder defined; punishment","order_by":null,"url":"\/18.2-32\/"},{"id":60862,"section_number":"18.2-47","catch_line":"Abduction and kidnapping defined; forced labor; punishment","order_by":null,"url":"\/18.2-47\/"},{"id":79704,"section_number":"18.2-58","catch_line":"Robbery; penalties","order_by":null,"url":"\/18.2-58\/"},{"id":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"id":56020,"section_number":"19.2-297.1","catch_line":"Sentence of person twice previously convicted of certain violent felonies","order_by":null,"url":"\/19.2-297.1\/"},{"id":85367,"section_number":"27-95","catch_line":"Definitions","order_by":null,"url":"\/27-95\/"}],"permalink":{"id":167231,"object_type":"law","relational_id":56786,"identifier":"18.2-308.2","token":"18.2\/7\/7\/18.2-308.2","url":"\/18.2-308.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-308.2\/","token":"18.2\/7\/7\/18.2-308.2","dublin_core":{"Title":"Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for restoration order; when issued","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-308.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It shall be unlawful for (i) any person who has been convicted of a felony<\/span>; (ii) any person adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense<\/span> of murder<\/span> in violation of § 18.2-31<\/a> or 18.2-32<\/a>, kidnapping in violation of § 18.2-47<\/a>, robbery<\/span> by the threat or presentation of firearms in violation of § 18.2-58<\/a>, or rape<\/span> in violation of § 18.2-61<\/a>; or (iii) any person under the age of 29 who was adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense<\/span> of a delinquent act which would be a felony<\/span> if committed by an adult, other than those felonies set forth in clause (ii), whether such conviction<\/span> or adjudication occurred under the laws<\/span> of the Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof, to knowingly and intentionally possess or transport any firearm or ammunition for a firearm<\/span>, any stun weapon as defined by § 18.2-308.1<\/a>, or any explosive material<\/span>, or to knowingly and intentionally carry about his person, hidden from common observation, any weapon described in subsection A of § 18.2-308<\/a>. However, such person may possess in his residence or the curtilage thereof a stun weapon as defined by § 18.2-308.1<\/a>. Any person who violates this section shall be guilty of a Class 6 felony<\/span>. However, any person who violates this section by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of a violent felony<\/span> as defined in § 17.1-805<\/a> shall be sentenced to a mandatory minimum term of imprisonment of five years. Any person who violates this section by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of any other felony<\/span> within the prior 10 years shall be sentenced to a mandatory minimum term of imprisonment of two years. The mandatory minimum terms of imprisonment prescribed for violations of this section shall be served consecutively with any other sentence. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The prohibitions of subsection A shall not apply to (i) any person who possesses a firearm, ammunition for a firearm<\/span>, explosive material<\/span> or other weapon while carrying out his duties as a member of the Armed Forces of the United States or of the National Guard of Virginia or of any other state, (ii) any law<\/span>-enforcement officer in the performance of his duties, (iii) any person who has been pardoned or whose political disabilities have been removed pursuant to Article V, Section 12 of the Constitution of Virginia provided the Governor, in the document granting the pardon<\/span> or removing the person’s political disabilities, may expressly place conditions upon the reinstatement of the person’s right to ship, transport, possess or receive firearms, (iv) any person whose right to possess firearms or ammunition has been restored under the law<\/span> of another state subject to conditions placed upon the reinstatement of the person’s right to ship, transport, possess, or receive firearms by such state, or (v) any person adjudicated delinquent as a juvenile who has completed a term of service of no less than two years in the Armed Forces of the United States and, if such person has been discharged from the Armed Forces of the United States, received an honorable discharge and who is not otherwise prohibited under clause (i) or (ii) of subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person prohibited from possessing, transporting, or carrying a firearm, ammunition for a firearm<\/span>, or a stun weapon under subsection A may petition<\/span> the circuit<\/span> court<\/span> of the jurisdiction<\/span> in which he resides or, if the person is not a resident of the Commonwealth, the circuit<\/span> court<\/span> of any county or city where such person was last convicted of a felony<\/span> or adjudicated delinquent of a disqualifying offense<\/span> pursuant to subsection A, for a restoration order<\/span> that unconditionally authorizes possessing, transporting, or carrying a firearm, ammunition for a firearm<\/span>, or a stun weapon; however, no person who has been convicted of a felony<\/span> shall be qualified to petition<\/span> for such an order<\/span> unless his civil rights have been restored by the Governor or other appropriate authority. 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<\/span> shall conduct a hearing<\/span> if requested by either party<\/span>. The court<\/span> may, in its discretion and for good cause shown, grant such petition<\/span> and issue<\/span> a restoration order<\/span>. Such order<\/span> shall contain the petitioner’s name and date of birth. The clerk shall certify and forward forthwith to the Central Criminal Records Exchange (CCRE), on a form provided by the CCRE, a copy of the order<\/span> to be accompanied by a complete set of the petitioner’s fingerprints. The Department of State Police shall forthwith enter the petitioner’s name and description in the CCRE so that the order<\/span>’s existence will be made known to law<\/span>-enforcement personnel accessing the computerized criminal history records for investigative purposes. The provisions of this section relating to firearms, ammunition for a firearm<\/span>, and stun weapons shall not apply to any person who has been issued a restoration order<\/span> pursuant to this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C1.<\/span> Any person who was prohibited from possessing, transporting or carrying explosive material<\/span> under subsection A may possess, transport or carry such explosive material<\/span> if his right to possess, transport or carry explosive material<\/span> has been restored pursuant to federal law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C2.<\/span> The prohibitions of subsection A shall not prohibit any person other than a person convicted of an act of violence as defined in § 19.2-297.1<\/a> or a violent felony<\/span> as defined in subsection C of § 17.1-805<\/a> from possessing, transporting, or carrying (i) antique firearms<\/span><\/span> or (ii) black powder in a quantity not exceeding five pounds if it is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms<\/span><\/span>. For the purposes of this subsection, “antique firearms<\/span><\/span>” means any firearm described in subdivision 3 of the definition of “antique firearm<\/span>” in subsection F of § 18.2-308.2:2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> For the purpose of this section:\n\t\t\t“Ammunition for a firearm<\/span>” means the combination of a cartridge, projectile, primer, or propellant designed for use in a firearm other than an antique firearm<\/span> as defined in § 18.2-308.2:2<\/a>.\n\t\t\t“Explosive material<\/span>” means any chemical compound mixture, or device, the primary or common purpose of which is to function by explosion; the term includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, smokeless gun powder, detonators, blasting caps and detonating cord but shall not include fireworks or permissible fireworks as defined in § 27-95<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOSSESSION OR TRANSPORTATION OF FIREARMS, FIREARMS AMMUNITION, STUN WEAPONS,\nEXPLOSIVES OR CONCEALED WEAPONS BY CONVICTED FELONS; PENALTIES; PETITION FOR\nRESTORATION ORDER; WHEN ISSUED (\u00a7 18.2-308.2)\n\nA. It shall be unlawful for (i) any person who has been convicted of a felony;\n(ii) any person adjudicated delinquent as a juvenile 14 years of age or older at\nthe time of the offense of murder in violation of § 18.2-31 or 18.2-32,\nkidnapping in violation of § 18.2-47, robbery by the threat or presentation\nof firearms in violation of § 18.2-58, or rape in violation of §\n18.2-61; or (iii) any person under the age of 29 who was adjudicated delinquent\nas a juvenile 14 years of age or older at the time of the offense of a\ndelinquent act which would be a felony if committed by an adult, other than\nthose felonies set forth in clause (ii), whether such conviction or adjudication\noccurred under the laws of the Commonwealth, or any other state, the District of\nColumbia, the United States or any territory thereof, to knowingly and\nintentionally possess or transport any firearm or ammunition for a firearm, any\nstun weapon as defined by § 18.2-308.1, or any explosive material, or to\nknowingly and intentionally carry about his person, hidden from common\nobservation, any weapon described in subsection A of § 18.2-308. However,\nsuch person may possess in his residence or the curtilage thereof a stun weapon\nas defined by § 18.2-308.1. Any person who violates this section shall be\nguilty of a Class 6 felony. However, any person who violates this section by\nknowingly and intentionally possessing or transporting any firearm and who was\npreviously convicted of a violent felony as defined in § 17.1-805 shall be\nsentenced to a mandatory minimum term of imprisonment of five years. Any person\nwho violates this section by knowingly and intentionally possessing or\ntransporting any firearm and who was previously convicted of any other felony\nwithin the prior 10 years shall be sentenced to a mandatory minimum term of\nimprisonment of two years. The mandatory minimum terms of imprisonment\nprescribed for violations of this section shall be served consecutively with any\nother sentence.\n\nB. The prohibitions of subsection A shall not apply to (i) any person who\npossesses a firearm, ammunition for a firearm, explosive material or other\nweapon while carrying out his duties as a member of the Armed Forces of the\nUnited States or of the National Guard of Virginia or of any other state, (ii)\nany law-enforcement officer in the performance of his duties, (iii) any person\nwho has been pardoned or whose political disabilities have been removed pursuant\nto Article V, Section 12 of the Constitution of Virginia provided the Governor,\nin the document granting the pardon or removing the person’s political\ndisabilities, may expressly place conditions upon the reinstatement of the\nperson’s right to ship, transport, possess or receive firearms, (iv) any\nperson whose right to possess firearms or ammunition has been restored under the\nlaw of another state subject to conditions placed upon the reinstatement of the\nperson’s right to ship, transport, possess, or receive firearms by such\nstate, or (v) any person adjudicated delinquent as a juvenile who has completed\na term of service of no less than two years in the Armed Forces of the United\nStates and, if such person has been discharged from the Armed Forces of the\nUnited States, received an honorable discharge and who is not otherwise\nprohibited under clause (i) or (ii) of subsection A.\n\nC. Any person prohibited from possessing, transporting, or carrying a firearm,\nammunition for a firearm, or a stun weapon under subsection A may petition the\ncircuit court of the jurisdiction in which he resides or, if the person is not a\nresident of the Commonwealth, the circuit court of any county or city where such\nperson was last convicted of a felony or adjudicated delinquent of a\ndisqualifying offense pursuant to subsection A, for a restoration order that\nunconditionally authorizes possessing, transporting, or carrying a firearm,\nammunition for a firearm, or a stun weapon; however, no person who has been\nconvicted of a felony shall be qualified to petition for such an order unless\nhis civil rights have been restored by the Governor or other appropriate\nauthority. A copy of the petition shall be mailed or delivered to the attorney\nfor the Commonwealth for the jurisdiction where the petition was filed who shall\nbe entitled to respond and represent the interests of the Commonwealth. The\ncourt shall conduct a hearing if requested by either party. The court may, in\nits discretion and for good cause shown, grant such petition and issue a\nrestoration order. Such order shall contain the petitioner’s name and date\nof birth. The clerk shall certify and forward forthwith to the Central Criminal\nRecords Exchange (CCRE), on a form provided by the CCRE, a copy of the order to\nbe accompanied by a complete set of the petitioner’s fingerprints. The\nDepartment of State Police shall forthwith enter the petitioner’s name and\ndescription in the CCRE so that the order’s existence will be made known\nto law-enforcement personnel accessing the computerized criminal history records\nfor investigative purposes. The provisions of this section relating to firearms,\nammunition for a firearm, and stun weapons shall not apply to any person who has\nbeen issued a restoration order pursuant to this subsection.\n\nC1. Any person who was prohibited from possessing, transporting or carrying\nexplosive material under subsection A may possess, transport or carry such\nexplosive material if his right to possess, transport or carry explosive\nmaterial has been restored pursuant to federal law.\n\nC2. The prohibitions of subsection A shall not prohibit any person other than a\nperson convicted of an act of violence as defined in § 19.2-297.1 or a\nviolent felony as defined in subsection C of § 17.1-805 from possessing,\ntransporting, or carrying (i) antique firearms or (ii) black powder in a\nquantity not exceeding five pounds if it is intended to be used solely for\nsporting, recreational, or cultural purposes in antique firearms. For the\npurposes of this subsection, “antique firearms” means any firearm\ndescribed in subdivision 3 of the definition of “antique firearm” in\nsubsection F of § 18.2-308.2:2.\n\nD. For the purpose of this section:\n\t\t\t“Ammunition for a firearm” means the combination of a cartridge,\nprojectile, primer, or propellant designed for use in a firearm other than an\nantique firearm as defined in § 18.2-308.2:2.\n\t\t\t“Explosive material” means any chemical compound mixture, or\ndevice, the primary or common purpose of which is to function by explosion; the\nterm includes, but is not limited to, dynamite and other high explosives, black\npowder, pellet powder, smokeless gun powder, detonators, blasting caps and\ndetonating cord but shall not include fireworks or permissible fireworks as\ndefined in § 27-95.\n\nHISTORY: 1979, c. 474; 1982, c. 515; 1983, c. 233; 1986, cc. 409, 641; 1987, c.\n108; 1988, c. 237; 1989, cc. 514, 531; 1993, cc. 468, 926; 1994, cc. 859, 949;\n1999, cc. 829, 846; 2001, cc. 811, 854; 2002, c. 362; 2003, c. 110; 2004, cc.\n429, 461, 995; 2005, cc. 600, 833; 2007, c. 519; 2008, c. 752; 2009, c. 236;\n2010, c. 781; 2015, cc. 200, 767; 2016, c. 337; 2017, c. 767; 2019, c. 203;\n2020, cc. 1111, 1112.","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}}