Virginia criminal charge
Purchase, possession, or transportation of firearms by persons acquitted by reason of insanity in Virginia
Purchase, possession, or transportation of firearms by persons acquitted by reason of insanity is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-308.1:1. 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. § 18.2-308.1:1.
What is the penalty for purchase, possession, or transportation of firearms by persons acquitted by reason of insanity in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (Purchase, possession, or transportation of firearm by person acquitted by reason of insanity — A person acquitted by reason of insanity and committed to the custody of the Commissioner on a qualifying charge knowingly and intentionally purchases, possesses, or transports a firearm without having had his right restored.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Purchase, possession, or transportation of firearm by person acquitted by reason of insanity — A person acquitted by reason of insanity and committed to the custody of the Commissioner on a qualifying charge knowingly and intentionally purchases, possesses, or transports a firearm without having had his right restored.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
Applies to current.
How is purchase, possession, or transportation of firearms by persons acquitted by reason of insanity classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Purchase, possession, or transportation of firearm by person acquitted by reason of insanity | Class 1 Misdemeanor | A person acquitted by reason of insanity and committed to the custody of the Commissioner on a qualifying charge knowingly and intentionally purchases, possesses, or transports a firearm without having had his right restored. | Va. Code Ann. § 18.2-308.1:1A |
Common questions about purchase, possession, or transportation of firearms by persons acquitted by reason of insanity in Virginia
Is purchase, possession, or transportation of firearms by persons acquitted by reason of insanity a felony or a misdemeanor in Virginia?
Purchase, possession, or transportation of firearms by persons acquitted by reason of insanity is a class 1 misdemeanor in Virginia under Va. Code Ann. § 18.2-308.1:1.
Purchase, possession, or transportation of firearm by person acquitted by reason of insanity: class 1 misdemeanor (Va. Code Ann. § 18.2-308.1:1A)
What are the penalties for purchase, possession, or transportation of firearms by persons acquitted by reason of insanity in Virginia?
Penalties for purchase, possession, or transportation of firearms by persons acquitted by reason of insanity in Virginia depend on how it is classified — from a class 1 misdemeanor up to a class 1 misdemeanor — with the ranges set by Va. Code Ann. § 18.2-11; the full table of ranges by variant is published on this page.
Which Virginia statute covers purchase, possession, or transportation of firearms by persons acquitted by reason of insanity?
Purchase, possession, or transportation of firearms by persons acquitted by reason of insanity is governed by Va. Code Ann. § 18.2-308.1:1 (Purchase, possession, or transportation of firearms by persons acquitted by reason of insanity; penalty).
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.