                                 CODE OF VIRGINIA

PURCHASE OR TRANSPORTATION OF FIREARM BY PERSONS SUBJECT TO PROTECTIVE ORDERS;
PENALTIES (§ 18.2-308.1:4)

A. It is unlawful for any person who is subject to (i) a protective order
entered pursuant to &#xA7; 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 &#xA7; 20-103; (iii) an order entered pursuant to subsection D
of &#xA7; 18.2-60.3; (iv) a preliminary protective order entered pursuant to
subsection F of &#xA7; 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. 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 &#xA7;
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
&#xA7; 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 &#xA7; 16.1-279.1 or
subsection D of &#xA7; 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 &#xA7; 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. Upon issuance of a protective order pursuant to &#xA7; 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 &#xA7; 16.1-279.1 or subsection D of &#xA7;
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 &#xA7; 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 &#xA7;
16.1-279.1 or subsection D of &#xA7; 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. The person who is subject to a protective order pursuant to &#xA7; 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
&#xA7; 16.1-279.1 or subsection D of &#xA7; 19.2-152.10.

E. 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 &#xA7; 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 &#xA7; 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 &#xA7;
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 &#xA7;
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 &#xA7; 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. 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.

G. 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 &#xA7; 16.1-279.1 or subsection D of &#xA7;
19.2-152.10.

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.