Be it enacted by the General Assembly of Virginia:
1. That §18.2-308.1:8 of the Code of Virginia is amended and reenacted as follows:
§18.2-308.1:8. Purchase, possession, or transportation of firearm following an assault and battery of a family or household member or person in a dating relationship; penalty.
A. 1. Any person who knowingly and intentionally purchases, possesses, or transports any firearm following a misdemeanor conviction for an offense that occurred on or after July 1, 2021, for (i) the offense of assault and battery of a family or household member or (ii) an offense substantially similar to clause (i) under the laws of any other state or of the United States is guilty of a Class 1 misdemeanor.
2. Any person who knowingly and intentionally purchases, possesses, or transports any firearm following a misdemeanor conviction for an offense that occurred on or after July 1, 2023, for (i) the offense of assault and battery against a person in a dating relationship with the alleged offender or (ii) an offense substantially similar to clause (i) under the laws of any other state or of the United States is guilty of a Class 1 misdemeanor.
B. For the purposes of this section,:
"Dating relationship" means a relationship between individuals who have or have recently had a continuing serious relationship of a romantic or intimate nature. Whether a relationship constitutes a dating relationship is determined based on consideration of the length of the relationship, the nature of the relationship, and the frequency and type of interaction between the individuals involved in the relationship. A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a dating relationship.
"family Family or
household member" means (i) the person's spouse, whether or not he resides
in the same home with the person; (ii) the person's former spouse, whether or
not he resides in the same home with the person; or (iii) any individual who
has a child in common with the person, whether or not the person and that
individual have been married or have resided together at any time.
C. Any person prohibited from purchasing, possessing, or transporting a firearm pursuant to subsection A shall be prohibited from purchasing, possessing, or transporting a firearm for three years following the date of the conviction at which point the person convicted of such offense shall no longer be prohibited from purchasing, possessing, or transporting a firearm pursuant to subsection A. Such person shall have his firearms rights restored, unless such person receives another disqualifying conviction, is subject to a protective order that would restrict his rights to carry a firearm, or is otherwise prohibited by law from purchasing, possessing, or transporting a firearm.
2. 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 2 of the Acts of Assembly of 2022, Special Session I, 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.