                                 CODE OF VIRGINIA

PURCHASE, POSSESSION, OR TRANSPORTATION OF FIREARM BY PERSONS ADJUDICATED
LEGALLY INCOMPETENT OR MENTALLY INCAPACITATED; PENALTY (§ 18.2-308.1:2)

A. It shall be unlawful for any person who has been adjudicated (i) legally
incompetent pursuant to former &#xA7; 37.1-128.02 or former &#xA7; 37.1-134,
(ii) mentally incapacitated pursuant to former &#xA7; 37.1-128.1 or former
&#xA7; 37.1-132, or (iii) incapacitated pursuant to Chapter 20 (&#xA7; 64.2-2000
et seq.) of Title 64.2 to purchase, possess, or transport any firearm. A
violation of this subsection shall be punishable as a Class 1 misdemeanor.

B. Any person whose competency or capacity has been restored pursuant to former
&#xA7; 37.1-134.1, former &#xA7; 37.2-1012, or &#xA7; 64.2-2012 may petition the
general district court in the city or county in which he resides or, if the
person is not a resident of the Commonwealth, the general district court of the
city or county in which the most recent of the proceedings described in
subsection A occurred to restore his right to purchase, possess or transport a
firearm. A copy of the petition shall be mailed or delivered to the attorney for
the Commonwealth for the jurisdiction where the petition was filed who shall be
entitled to respond and represent the interests of the Commonwealth. The court
shall conduct a hearing if requested by either party. If the court determines,
after receiving and considering evidence concerning the circumstances regarding
the disability referred to in subsection A and the person&#8217;s criminal
history, treatment record, and reputation as developed through character witness
statements, testimony, or other character evidence, that the person will not be
likely to act in a manner dangerous to public safety and that the granting of
the relief would not be contrary to the public interest, the court shall grant
the petition. Any person denied relief by the general district court may
petition the circuit court for a de novo review of the denial. Upon a grant of
relief in any court, the court shall enter a written order granting the
petition, in which event the provisions of subsection A do not apply. The clerk
of court shall certify and forward forthwith to the Central Criminal Records
Exchange, on a form provided by the Exchange, a copy of any such order.

C. As used in this section, &#8220;treatment record&#8221; shall include copies
of health records detailing the petitioner&#8217;s psychiatric history, which
shall include the records pertaining to the commitment or adjudication that is
the subject of the request for relief pursuant to this section.

HISTORY: 1994, c. 907; 1997, c. 921; 2004, c. 995; 2011, c. 775; 2017, c. 516.