Overview Of Four Types Of People Who Cannot Own Firearms In Virginia

Even though the Second Amendment grants the right to bear arms, it is a weapon crime in Virginia for certain individuals to purchase, possess, or transport firearms. Effectively, these individuals do not have the necessary capacity to appreciate the danger that firearms pose. Accordingly, Virginia law prohibits these individuals from purchasing, possessing, or transporting firearms.

1. Acquitted by Reason of Insanity

Code of Virginia Section 18.2-308.1:1 prohibits the purchase, possession, or transportation of firearms by certain individuals who pleaded the insanity defense. This section applies to people who pleaded the insanity defense and won an acquittal for:

• Treason;
• Any class of felony crime; or
• Class 1/2 misdemeanor offenses, excluding disorderly conduct, trespass, and certain types of DUI.

Any person who violates Section 18.2-308.1:1 by purchasing, possessing, or transporting a firearm will likely face Class 1 misdemeanor charges. A conviction for this class of misdemeanor can result in a maximum punishment of 12 months in jail and $2,500 in criminal fines.

2. Legally Incompetent or Mentally Incapacitated

Code of Virginia Section 18.2-308.1:2 prohibits the purchase, possession, or transportation of firearms by individuals with certain limitations. This section applies to people determined to be:

• Legally incompetent;
• Mentally incapacitated; or
• Legally incapacitated.

Any person who violates Section 18.2-308.1:2 by purchasing, possessing, or transporting a firearm will typically face Class 1 misdemeanor charges. Upon conviction, the likely punishment mirrors the one described above.

3. Involuntarily Admitted or Ordered to Treatment

Code of Virginia Section 18.2-308.1:3 prohibits the purchase, possession, or transportation of firearms by certain individuals who were subject to treatment, voluntarily or involuntarily. This section applies any person who was:

• Involuntarily admitted to a facility or ordered to mandatory outpatient treatment;
• Subject of a temporary detention order and subsequently agreed to voluntary admission; or
• Determined incompetent to stand trial and likely to remain so for the foreseeable future, which resulted in disposal of their case.

Any person who violates Section 18.2-308.1:3 by purchasing, possessing, or transporting a firearm will normally face Class 1 misdemeanor charges. Upon conviction, the likely punishment mirrors the one described above.

4. Subject to a Protective Order

Code of Virginia Section 18.2-308.1:4 prohibits the purchase or transportation of firearms by certain individuals subject to protective orders. This section applies any person subject to:

• Protective orders issued to a victim of domestic violence;
• Orders relating to divorce, child custody, or related matters;
• Preliminary protective orders relating to child abuse or neglect;
• Orders relating to stalking offenses; or
• Any substantially similar order issued in another jurisdiction of the United States.

Any person who violates Section 18.2-308.1:4 by purchasing or transporting a firearm will normally face Class 1 misdemeanor charges. Upon conviction, the likely punishment mirrors the one described above.

Do You Need Legal Help?

If you have legal questions about weapon crimes or other offenses in Virginia, contact Simms Showers LLP. Our Leesburg weapons offenses attorneys are prepared to assist you throughout each step of your case.