18.2-308.2 - Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for permit; when issued. - Virginia Statutes

§ 18.2-308.2. Possession or transportation of firearms, firearms ammunition,stun weapons, explosives or concealed weapons by convicted felons; penalties;petition for permit; when issued.

A. It shall be unlawful for (i) any person who has been convicted of afelony; (ii) any person adjudicated delinquent as a juvenile 14 years of ageor older at the time of the offense of murder in violation of § 18.2-31 or18.2-32, kidnapping in violation of § 18.2-47, robbery by the threat orpresentation of firearms in violation of § 18.2-58, or rape in violation of §18.2-61; or (iii) any person under the age of 29 who was adjudicateddelinquent as a juvenile 14 years of age or older at the time of the offenseof a delinquent act which would be a felony if committed by an adult, otherthan those felonies set forth in clause (ii), whether such conviction oradjudication occurred under the laws of the Commonwealth, or any other state,the District of Columbia, the United States or any territory thereof, toknowingly and intentionally possess or transport any firearm or ammunitionfor a firearm, any stun weapon as defined by § 18.2-308.1, or any explosivematerial, or to knowingly and intentionally carry about his person, hiddenfrom common observation, any weapon described in subsection A of § 18.2-308.However, such person may possess in his residence or the curtilage thereof astun weapon as defined by § 18.2-308.1. Any person who violates this sectionshall be guilty of a Class 6 felony. However, any person who violates thissection by knowingly and intentionally possessing or transporting any firearmand who was previously convicted of a violent felony as defined in § 17.1-805shall be sentenced to a mandatory minimum term of imprisonment of five years.Any person who violates this section by knowingly and intentionallypossessing or transporting any firearm and who was previously convicted ofany other felony within the prior 10 years shall be sentenced to a mandatoryminimum term of imprisonment of two years. The mandatory minimum terms ofimprisonment prescribed for violations of this section shall be servedconsecutively with any other sentence.

B. The prohibitions of subsection A shall not apply to (i) any person whopossesses a firearm, ammunition for a firearm, explosive material or otherweapon while carrying out his duties as a member of the Armed Forces of theUnited States or of the National Guard of Virginia or of any other state,(ii) any law-enforcement officer in the performance of his duties, or (iii)any person who has been pardoned or whose political disabilities have beenremoved pursuant to Article V, Section 12 of the Constitution of Virginiaprovided the Governor, in the document granting the pardon or removing theperson's political disabilities, may expressly place conditions upon thereinstatement of the person's right to ship, transport, possess or receivefirearms.

C. Any person prohibited from possessing, transporting or carrying a firearmor stun weapon under subsection A, may petition the circuit court of thejurisdiction in which he resides for a permit to possess or carry a firearmor stun weapon; however, no person who has been convicted of a felony shallbe qualified to petition for such a permit unless his civil rights have beenrestored by the Governor or other appropriate authority. A copy of thepetition shall be mailed or delivered to the attorney for the Commonwealthfor the jurisdiction where the petition was filed who shall be entitled torespond and represent the interests of the Commonwealth. The court shallconduct a hearing if requested by either party. The court may, in itsdiscretion and for good cause shown, grant such petition and issue a permit.The provisions of this section relating to firearms, ammunition for afirearm, and stun weapons shall not apply to any person who has been granteda permit pursuant to this subsection.

C1. Any person who was prohibited from possessing, transporting or carryingexplosive material under subsection A may possess, transport or carry suchexplosive material if his right to possess, transport or carry explosivematerial has been restored pursuant to federal law.

D. For the purpose of this section:

"Ammunition for a firearm" means the combination of a cartridge,projectile, primer, or propellant designed for use in a firearm other than anantique firearm as defined in § 18.2-308.2:2.

"Explosive material" means any chemical compound mixture, or device, theprimary or common purpose of which is to function by explosion; the termincludes, but is not limited to, dynamite and other high explosives, blackpowder, pellet powder, smokeless gun powder, detonators, blasting caps anddetonating cord but shall not include fireworks or permissible fireworks asdefined in § 27-95.

(1979, c. 474; 1982, c. 515; 1983, c. 233; 1986, cc. 409, 641; 1987, c. 108;1988, c. 237; 1989, cc. 514, 531; 1993, cc. 468, 926; 1994, cc. 859, 949;1999, cc. 829, 846; 2001, cc. 811, 854; 2002, c. 362; 2003, c. 110; 2004, cc.429, 461, 995; 2005, cc. 600, 833; 2007, c. 519; 2008, c. 752; 2009, c. 236;2010, c. 781.)