18.2-308.1:3 - Purchase, possession or transportation of firearm by persons involuntarily admitted or ordered to o... - Virginia Statutes

§ 18.2-308.1:3. Purchase, possession or transportation of firearm by personsinvoluntarily admitted or ordered to outpatient treatment; penalty.

A. It shall be unlawful for any person involuntarily admitted to a facilityor ordered to mandatory outpatient treatment pursuant to § 19.2-169.2,involuntarily admitted to a facility or ordered to mandatory outpatienttreatment as the result of a commitment hearing pursuant to Article 5 (§37.2-814 et seq.) of Chapter 8 of Title 37.2, or who was the subject of atemporary detention order pursuant to § 37.2-809 and subsequently agreed tovoluntary admission pursuant to § 37.2-805 to purchase, possess or transporta firearm. A violation of this subsection shall be punishable as a Class 1misdemeanor.

B. Any person prohibited from purchasing, possessing or transporting firearmsunder this section may, at any time following his release from involuntaryadmission to a facility, his release from an order of mandatory outpatienttreatment, or his release from voluntary admission pursuant to § 37.2-805following the issuance of a temporary detention order, petition the generaldistrict court in the city or county in which he resides to restore his rightto purchase, possess or transport a firearm. A copy of the petition shall bemailed or delivered to the attorney for the Commonwealth for the jurisdictionwhere the petition was filed who shall be entitled to respond and representthe interests of the Commonwealth. The court shall conduct a hearing ifrequested by either party. If the court determines that the circumstancesregarding the disabilities referred to in subsection A and the person'scriminal history, treatment record, and reputation are such that the personwill not likely act in a manner dangerous to public safety and that grantingthe relief would not be contrary to the public interest, the court shallgrant the petition. Any person denied relief by the general district courtmay petition the circuit court for a de novo review of the denial. Upon agrant of relief in any court, the court shall enter a written order grantingthe petition, in which event the provisions of subsection A shall no longerapply. The clerk of court shall certify and forward forthwith to the CentralCriminal Records Exchange, on a form provided by the Exchange, a copy of anysuch order.

(1994, c. 907; 2004, c. 995; 2008, cc. 751, 788; 2010, c. 781.)