Virginia criminal charge
Purchase or transportation of firearm by persons subject to protective orders in Virginia
Purchase or transportation of firearm by persons subject to protective orders is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-308.1:4. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-308.1:4.
What is the penalty for purchase or transportation of firearm by persons subject to protective orders in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (Purchase or transportation of firearm while subject to protective order — A person subject to specified protective orders purchases or transports a firearm while the order is in effect.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Purchase or transportation of firearm while subject to protective order — A person subject to specified protective orders purchases or transports a firearm while the order is in effect.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 5 years (Possession of firearm while subject to protective order under §16.1-279.1 or §19.2-152.10 — A person subject to a protective order entered pursuant to § 16.1-279.1 or § 19.2-152.10 (or a substantially similar out-of-state order) knowingly possesses a firearm while the order is in effect, subject to a 24-hour grace period for surrender or transfer.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Possession of firearm while subject to protective order under §16.1-279.1 or §19.2-152.10 — A person subject to a protective order entered pursuant to § 16.1-279.1 or § 19.2-152.10 (or a substantially similar out-of-state order) knowingly possesses a firearm while the order is in effect, subject to a 24-hour grace period for surrender or transfer.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is purchase or transportation of firearm by persons subject to protective orders classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Purchase or transportation of firearm while subject to protective order | class 1 misdemeanor | A person subject to specified protective orders purchases or transports a firearm while the order is in effect. | Va. Code Ann. § 18.2-308.1:4A |
| Possession of firearm while subject to protective order under §16.1-279.1 or §19.2-152.10 | class 6 felony | A person subject to a protective order entered pursuant to § 16.1-279.1 or § 19.2-152.10 (or a substantially similar out-of-state order) knowingly possesses a firearm while the order is in effect, subject to a 24-hour grace period for surrender or transfer. | Va. Code Ann. § 18.2-308.1:4B |
Common questions about purchase or transportation of firearm by persons subject to protective orders in Virginia
Is purchase or transportation of firearm by persons subject to protective orders a felony or a misdemeanor in Virginia?
It depends on the circumstances: purchase or transportation of firearm by persons subject to protective orders ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-308.1:4.
Purchase or transportation of firearm while subject to protective order: class 1 misdemeanor (Va. Code Ann. § 18.2-308.1:4A) · Possession of firearm while subject to protective order under §16.1-279.1 or §19.2-152.10: class 6 felony (Va. Code Ann. § 18.2-308.1:4B)
What are the penalties for purchase or transportation of firearm by persons subject to protective orders in Virginia?
Penalties for purchase or transportation of firearm by persons subject to protective orders in Virginia depend on how it is classified — from a class 1 misdemeanor up to a class 6 felony — with the ranges set by Va. Code Ann. § 18.2-11 and Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.
Which Virginia statute covers purchase or transportation of firearm by persons subject to protective orders?
Purchase or transportation of firearm by persons subject to protective orders is governed by Va. Code Ann. § 18.2-308.1:4 (Purchase or transportation of firearm by persons subject to protective orders; penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.