Be it enacted by the General Assembly of Virginia:
1. That §§18.2-308.1:3 and 18.2-308.1:4 of the Code of Virginia are amended and reenacted as follows:
§18.2-308.1:3. Purchase, possession, or transportation of firearm by persons involuntarily admitted or ordered to outpatient treatment; penalties.
A. It shall be is unlawful for any person (i)
involuntarily admitted to a facility or ordered to mandatory outpatient
treatment pursuant to §19.2-169.2, (ii) involuntarily admitted to a facility
or ordered to mandatory outpatient treatment as the result of a commitment
hearing pursuant to Article 5 (§37.2-814 et seq.) of Chapter 8 of Title 37.2,
(iii) involuntarily admitted to a facility or ordered to mandatory outpatient
treatment as a minor 14 years of age or older as the result of a commitment
hearing pursuant to Article 16 (§16.1-335 et seq.) of Chapter 11 of Title
16.1, (iv) who was the subject of a temporary detention order pursuant to §
37.2-809 and subsequently agreed to voluntary admission pursuant to §37.2-805
or (v) who, as a minor 14 years of age or older, was the subject of a temporary
detention order pursuant to §16.1-340.1 and subsequently agreed to voluntary
admission pursuant to §16.1-338 to purchase, possess, or transport a firearm.
A violation of this subsection shall be is punishable as a Class 1
misdemeanor.
B. Any person prohibited from purchasing, possessing, or transporting a firearm pursuant to subsection A shall, as soon as such person is capable, certify in writing that any firearm possessed by such person has been sold or transferred and file such certification within 48 hours of making such certification with the clerk of the court that ordered such person be admitted to treatment. A violation of this subsection is a Class 1 misdemeanor.
C. Any person prohibited from purchasing, possessing or transporting firearms under this section may, at any time following his release from involuntary admission to a facility, his release from an order of mandatory outpatient treatment, or his release from voluntary admission pursuant to §37.2-805 following the issuance of a temporary detention order, petition the general district court in the city or county in which he resides or, if the person is not a resident of the Commonwealth, the general district court of the city or county in which the most recent of the proceedings described in subsection A occurred to restore his right to purchase, possess or transport a firearm. A copy of the petition shall be mailed or delivered to the attorney for the Commonwealth for the jurisdiction where the petition was filed who shall be entitled to respond and represent the interests of the Commonwealth. The court shall conduct a hearing if requested by either party. If the court determines, after receiving and considering evidence concerning the circumstances regarding the disabilities referred to in subsection A and the person's criminal history, treatment record, and reputation as developed through character witness statements, testimony, or other character evidence, that the person will not likely act in a manner dangerous to public safety and that granting the relief would not be contrary to the public interest, the court shall grant the petition. Any person denied relief by the general district court may petition the circuit court for a de novo review of the denial. Upon a grant of relief in any court, the court shall enter a written order granting the petition, in which event the provisions of subsection A do not apply. The clerk of court shall certify and forward forthwith to the Central Criminal Records Exchange, on a form provided by the Exchange, a copy of any such order.
C. D. As used in this section,
"treatment record" shall include includes copies of health
records detailing the petitioner's psychiatric history, which shall include includes the records
pertaining to the commitment or adjudication that is the subject of the request
for relief pursuant to this section.
§18.2-308.1:4. Purchase or transportation of firearm by persons subject to protective orders; penalties.
A. It is unlawful for any person who is subject to (i) a
protective order entered pursuant to §16.1-253.1, 16.1-253.4, 16.1-278.2,
16.1-279.1, 19.2-152.8, 19.2-152.9, or 19.2-152.10; (ii) an order issued
pursuant to subsection B of §20-103; (iii) an order entered pursuant to
subsection D of §18.2-60.3; (iv) a preliminary protective order entered
pursuant to subsection F of §16.1-253 where a petition alleging abuse or
neglect has been filed; or (v) an order issued by a tribunal of another state,
the United States or any of its territories, possessions, or commonwealths, or
the District of Columbia pursuant to a statute that is substantially similar to
those cited in clauses (i), (ii), (iii), or (iv) to purchase or transport any
firearm while the order is in effect. Any such
person with a concealed handgun permit shall be prohibited from carrying any
concealed firearm,
and shall surrender his permit to the court entering the order, for the duration of any
protective order referred to herein. A violation of this subsection is a Class
1 misdemeanor.
B. In addition to the prohibition set forth in subsection A,
it is unlawful for any person who is subject to (i)
a protective order entered pursuant to §16.1-279.1, (ii)
a protective order entered pursuant to §19.2-152.10, or (iii) an order issued by a
tribunal of another state, the United States or any of its territories,
possessions, or commonwealths, or the District of Columbia pursuant to a
statute that is substantially similar to §16.1-279.1 or
19.2-152.10 to knowingly possess any firearm while the
order is in effect, provided except that for a period of 24
hours after being served with a protective order in accordance with subsection
C of §16.1-279.1 or subsection C of §
19.2-152.10 such person may continue to possess and,
notwithstanding the provisions of subsection A, transport any firearm possessed
by such person at the time of service for the purposes of selling or
transferring any such firearm to any person who is not otherwise prohibited by
law from possessing such firearm. A violation of this subsection is a Class 6
felony.
C. Any person subject to a protective order entered on or after the effective date of this act pursuant to §16.1-279.1 or 19.2-152.10, or to an order issued on or after the effective date of this act by a tribunal or another state, the United States, or any of its territories, possessions, or commonwealths, or the District of Columbia pursuant to a statute that is substantially similar to § 16.1-279.1 or 19.2-152.10, shall certify in writing that any firearm possessed by such person has been sold or transferred and file such certification, within 48 hours after being served with the protective order, with the clerk of the court that entered the protective order. A violation of this subsection is a Class 1 misdemeanor.
2. That when codifying this act, the Virginia Code Commission shall replace the phrase "the effective date of this act" in the first enactment of this act with the actual effective date of this act.
3. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 854 of the Acts of Assembly of 2019 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.