                                 CODE OF VIRGINIA

PURCHASE, POSSESSION, OR TRANSPORTATION OF FIREARM BY PERSONS INVOLUNTARILY
ADMITTED OR ORDERED TO OUTPATIENT TREATMENT; PENALTY (§ 18.2-308.1:3)

A. It shall be unlawful for any person (i) involuntarily admitted to a facility
or ordered to mandatory outpatient treatment pursuant to &#xA7; 19.2-169.2; (ii)
involuntarily admitted to a facility or ordered to mandatory outpatient
treatment as the result of a commitment hearing pursuant to Article 5 (&#xA7;
37.2-814 et seq.) of Chapter 8 of Title 37.2, notwithstanding the outcome of any
appeal taken pursuant to &#xA7; 37.2-821; (iii) involuntarily admitted to a
facility or ordered to mandatory outpatient treatment as a minor 14 years of age
or older as the result of a commitment hearing pursuant to Article 16 (&#xA7;
16.1-335 et seq.) of Chapter 11 of Title 16.1, notwithstanding the outcome of
any appeal taken pursuant to &#xA7; 16.1-345.6; (iv) who was the subject of a
temporary detention order pursuant to &#xA7; 37.2-809 and subsequently agreed to
voluntary admission pursuant to &#xA7; 37.2-805; (v) who, as a minor 14 years of
age or older, was the subject of a temporary detention order pursuant to &#xA7;
16.1-340.1 and subsequently agreed to voluntary admission pursuant to &#xA7;
16.1-338; or (vi) who was found incompetent to stand trial and likely to remain
so for the foreseeable future and whose case was disposed of in accordance with
&#xA7; 19.2-169.3, to purchase, possess, or transport a firearm. A violation of
this subsection shall be punishable as a Class 1 misdemeanor.

B. Any person prohibited from purchasing, possessing or transporting firearms
under this section may, at any time following his release from involuntary
admission to a facility, his release from an order of mandatory outpatient
treatment, his release from voluntary admission pursuant to &#xA7; 37.2-805
following the issuance of a temporary detention order, his release from a
training center, or his release as provided by &#xA7; 19.2-169.3, petition the
general district court in the city or county in which he resides or, if the
person is not a resident of the Commonwealth, the general district court of the
city or county in which the most recent of the proceedings described in
subsection A occurred to restore his right to purchase, possess, or transport a
firearm. A copy of the petition shall be mailed or delivered to the attorney for
the Commonwealth for the jurisdiction where the petition was filed who shall be
entitled to respond and represent the interests of the Commonwealth. The court
shall conduct a hearing if requested by either party. If the court determines,
after receiving and considering evidence concerning the circumstances regarding
the disabilities referred to in subsection A and the person&#8217;s criminal
history, treatment record, and reputation as developed through character witness
statements, testimony, or other character evidence, that the person will not
likely act in a manner dangerous to public safety and that granting the relief
would not be contrary to the public interest, the court shall grant the
petition. Any person denied relief by the general district court may petition
the circuit court for a de novo review of the denial. Upon a grant of relief in
any court, the court shall enter a written order granting the petition, in which
event the provisions of subsection A do not apply. The clerk of court shall
certify and forward forthwith to the Central Criminal Records Exchange, on a
form provided by the Exchange, a copy of any such order.

C. 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; 2004, c. 995; 2008, cc. 751, 788; 2010, c. 781; 2011, c.
775; 2017, c. 516; 2018, c. 846; 2020, cc. 299, 1121, 1175.