Citation(s) from the GunPolicy.org literature library

Giffords Law Center to Prevent Gun Violence. 2021 ‘Firearm Prohibitions in Virginia.’ Who Can Have a Gun. San Francisco, CA: Giffords Law Center to Prevent Gun Violence. 11 May

Relevant contents

Prohibited Purchasers Generally in Virginia

Federal law prohibits certain persons from purchasing or possessing firearms, such as felons, certain domestic abusers, and certain people with a history of mental illness.

In addition, Virginia prohibits the:

- Knowing and intentional possession, purchase, or transportation of a firearm by a person acquitted by reason of insanity and "committed to the custody of the Commissioner of Behavioral Health and Developmental Services" on a charge of:
1) treason;
2) any felony; or
3) certain misdemeanors, unless his or her eligibility to purchase, possess or transport a firearm has been restored in accordance with Virginia law;
- Purchase, possession or transportation of a firearm by any person adjudicated "legally incompetent," "mentally incapacitated," or "incapacitated," whose competency or capacity has not been restored (Virginia enacted a law in 2011 establishing a procedure by which these individuals could petition for their eligibility to be restored);
- Purchase, possession or transportation of a firearm by a person who has been involuntarily admitted to a facility designated by the Commissioner of Behavioral Health and Developmental Services or ordered to mandatory outpatient treatment pursuant to a finding of incompetence or as the result of a commitment hearing, or, who was the subject of a temporary detention order and subsequently agreed to voluntary admission to such a facility, unless his or her eligibility to purchase, possess or transport a firearm has been restored in accordance with Virginia law;
- Purchase or transportation of a firearm by any person subject to a protective order, or certain other court orders, while the order is in effect;4
- Purchase or transportation of a handgun, for at least five years, by any person who, within a 36-month period, has been convicted of two or more misdemeanor drug offenses under Virginia law;5
- Knowing and intentional possession or transportation of a firearm by any person:
1) convicted of a felony;
2) adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of murder, kidnapping, robbery by the threat or presentation of firearms, or rape; or
3) who is under the age of 29 and was found guilty as a juvenile (14 years of age or older) of a delinquent act which would be a felony if committed by an adult, unless a court has, in its discretion and for good cause shown issued the person a permit to possess a firearm; or
- Knowing and intentional possession or transportation of a firearm by any person who is not a citizen of the U.S. or who is not lawfully present in the United States…

[Editor's note: The Giffords Law Center to Prevent Gun Violence regularly updates its webpages with new data as US gun regulation evolves state by state. For the most up-to-date information on US gun laws, please refer to the Giffords URL below]

ID: Q7300

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