18.2-308.1:1 - Possession or transportation of firearms by persons acquitted by reason of insanity; penalty; permi... - Virginia Statutes

§ 18.2-308.1:1. Possession or transportation of firearms by persons acquittedby reason of insanity; penalty; permit.

A. It shall be unlawful for any person acquitted by reason of insanity andcommitted to the custody of the Commissioner of Behavioral Health andDevelopmental Services, pursuant to Chapter 11.1 (§ 19.2-182.2 et seq.) ofTitle 19.2, on a charge of treason, any felony or any offense punishable as amisdemeanor under Title 54.1 or a Class 1 or Class 2 misdemeanor under thistitle, except those misdemeanor violations of (i) Article 2 (§ 18.2-266 etseq.) of Chapter 7 of this title, (ii) Article 2 (§ 18.2-415 et seq.) ofChapter 9 of this title, or (iii) § 18.2-119, or (iv) an ordinance of anycounty, city, or town similar to the offenses specified in (i), (ii), or(iii), to knowingly and intentionally purchase, possess, or transport anyfirearm. A violation of this section shall be punishable as a Class 1misdemeanor.

B. Any person so acquitted may, upon discharge from the custody of theCommissioner, petition the general district court in which he resides for apermit to possess or carry a firearm. A copy of the petition shall be mailedor delivered to the attorney for the Commonwealth for the jurisdiction wherethe petition was filed who shall be entitled to respond and represent theinterests of the Commonwealth. The court shall conduct a hearing if requestedby either party. If the court determines that the circumstances regarding thedisability referred to in subsection A and the person's criminal history,treatment record, and reputation are such that the person will not be likelyto act in a manner dangerous to public safety and that the granting of therelief would not be contrary to the public interest, the court shall grantthe petition. Any person denied relief by the general district court maypetition the circuit court for a de novo review of the denial. Upon a grantof relief in any court, the court shall enter a written order granting thepetition and issue a permit, in which event the provisions of subsection A donot apply. The clerk of court shall certify and forward forthwith to theCentral Criminal Records Exchange, on a form provided by the Exchange, a copyof any such order.

(1990, c. 692; 2008, cc. 788, 854, 869; 2009, cc. 813, 840; 2010, c. 781.)