Citation(s) from the GunPolicy.org literature library
State of Virginia. 2012 ‘Va. Code Ann. § 18.2-308.1:4, etc..’ Firearms Law Database - Domestic Violence and Firearms in Virginia. San Francisco, CA: Giffords Law Center to Prevent Gun Violence. 3 January
Domestic Violence and Firearms in Virginia
Virginia law does not:
- Prohibit individuals convicted of domestic violence misdemeanors from possessing firearms or ammunition (unlike federal law);
- Require courts to notify domestic abusers when they become prohibited from possessing firearms or ammunition under federal law;
- Require the surrender of firearms or ammunition by domestic abusers who have become prohibited from possessing firearms or ammunition under federal law; or
- Explicitly authorize or require the removal of firearms or ammunition at the scene of a domestic violence incident.
Virginia prohibits anyone subject to a domestic violence protective order, including an ex parte order, from purchasing or transporting a firearm while the order is in effect. It does not prohibit firearm possession by such individuals. Such orders are available to family and household members of the abuser. They are also available to victims of stalking, but only if a warrant has been issued for the arrest of the stalker.
In 2011, Virginia amended the part of this law that applies to persons subject to preliminary protective orders for the protection of a child, so that the defendant is only prohibited from purchasing or transporting a firearm if a court has made a finding of abuse or neglect.
Any concealed weapon permittee who is the subject of a domestic violence protective order, including an ex parte order, is prohibited from carrying a concealed firearm and must surrender his or her permit to the court entering the order, for the duration of the order…