Virginia statute

Va. Code Ann. § 18.2-308.2 — Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for restoration order; when issued

Current through 2026 Regular Session

Part of Article 7: Other Illegal Weapons, Code of Virginia.

Criminal charges under this statute

Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons

Full text of Va. Code Ann. § 18.2-308.2

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 18.2-308.2Primary source, current through the 2026 Regular Session

A. It is unlawful for (i) any person who has been convicted of a felony; (ii) any person adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of murder in violation of § 18.2-31 or 18.2-32 , kidnapping in violation of § 18.2-47 , robbery by the threat or presentation 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 adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of a delinquent act which would be a felony if committed by an adult, other than those felonies set forth in clause (ii), whether such conviction or adjudication occurred under the laws of the Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof, to knowingly and intentionally possess or transport any firearm or ammunition for a firearm, any stun weapon as defined by § 18.2-308.1 , or any explosive material, or to knowingly and intentionally carry about his person, hidden from common observation, any weapon described in subsection A of § 18.2-308 . However, such person may possess in his residence or the curtilage thereof a stun weapon as defined by § 18.2-308.1 . Any person who violates this subsection is guilty of a Class 6 felony. However, any person who violates this subsection by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of a violent felony as defined in § 17.1-805 shall be sentenced to a mandatory minimum term of imprisonment of five years. Any person who violates this subsection by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of any other felony within the prior 10 years shall be sentenced to a mandatory minimum term of imprisonment of two years. The mandatory minimum terms of imprisonment prescribed for violations of this subsection shall be served consecutively with any other sentence. A1. It is unlawful for any person who commits a violation of subdivision A 2 of § 18.2-57 on or after July 1, 2026, and is subsequently adjudicated delinquent or convicted of such offense, whether such adjudication or conviction occurred under the laws of the Commonwealth, or the substantially similar laws of any other state, the District of Columbia, or the United States or any territory thereof, to knowingly and intentionally purchase, possess, or transport any firearm. Any person who violates this subsection is guilty of a Class 1 misdemeanor. Any person who violates this subsection and is prohibited from purchasing, possessing, or transporting any firearm pursuant to this subsection shall be prohibited from purchasing, possessing, or transporting any 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. B. The prohibitions of subsections A and A1 shall not apply to (i) any person who possesses a firearm, ammunition for a firearm, explosive material, or other weapon while carrying out his duties as a member of the Armed Forces of the United States or of the National Guard of Virginia or of any other state, (ii) any law-enforcement officer in the performance of his duties, (iii) any person who has been pardoned or whose political disabilities have been removed pursuant to Article V, § 12 of the Constitution of Virginia provided the Governor, in the document granting the pardon or removing the person's political disabilities, may expressly place conditions upon the reinstatement of the person's right to ship, transport, possess, or receive firearms, (iv) any person whose right to possess firearms or ammunition has been restored under the law of another state subject to conditions placed upon the reinstatement of the person's right to ship, transport, possess, or receive firearms by such state, or (v) any person adjudicated delinquent as a juvenile who has completed a term of service of no less than two years in the Armed Forces of the United States and, if such person has been discharged from the Armed Forces of the United States, received an honorable discharge and who is not otherwise prohibited under clause (i) or (ii) of subsection A. C. Any person prohibited from possessing, transporting, or carrying a firearm, ammunition for a firearm, or a stun weapon under subsection A or A1 may petition the circuit court of the jurisdiction in which he resides or, if the person is not a resident of the Commonwealth, the circuit court of any county or city where such person was last convicted of a felony or adjudicated delinquent of a disqualifying offense pursuant to subsection A or A1 for a restoration order that unconditionally authorizes possessing, transporting, or carrying a firearm, ammunition for a firearm, or a stun weapon; however, no person who has been convicted of a felony shall be qualified to petition for such an order unless his civil rights have been restored by the Governor or other appropriate authority. 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. The court may, in its discretion and for good cause shown, grant such petition and issue a restoration order. Such order shall contain the petitioner's name and date of birth. The clerk shall certify and forward forthwith to the Central Criminal Records Exchange (CCRE), on a form provided by the CCRE, a copy of the order to be accompanied by a complete set of the petitioner's fingerprints. The Department of State Police shall forthwith enter the petitioner's name and description in the CCRE so that the order's existence will be made known to law-enforcement personnel accessing the computerized criminal history records for investigative purposes. The provisions of this section relating to firearms, ammunition for a firearm, and stun weapons shall not apply to any person who has been issued a restoration order pursuant to this subsection. C1. Any person who was prohibited from possessing, transporting, or carrying explosive material under subsection A or A1 may possess, transport, or carry such explosive material if his right to possess, transport, or carry explosive material has been restored pursuant to federal law. C2. The prohibitions of subsection A or A1 shall not prohibit any person other than a person convicted of an act of violence as defined in § 19.2-297.1 or a violent felony as defined in subsection C of § 17.1-805 from possessing, transporting, or carrying (i) antique firearms or (ii) black powder in a quantity not exceeding five pounds if it is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms. For the purposes of this subsection, "antique firearms" means any firearm described in subdivision 3 of the definition of "antique firearm" in subsection F of § 18.2-308.2:2 . 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 an antique firearm as defined in § 18.2-308.2:2 . "Explosive material" means any chemical compound mixture, or device, the primary or common purpose of which is to function by explosion; the term includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, smokeless gun powder, detonators, blasting caps, and detonating cord but shall not include fireworks or permissible fireworks as defined in § 27-95 .

Official sources

Official section text (law.lis.virginia.gov)

Legal terms used in this section

Questions this section answers

Is criminal background check required for employees of a gun dealer to transfer firearms a felony or a misdemeanor in Virginia?

It depends on the circumstances: criminal background check required for employees of a gun dealer to transfer firearms ranges from a class 2 misdemeanor to a class 5 felony in Virginia under Va. Code Ann. § 18.2-308.2:3.

False statement in FFL affidavit under C1: class 5 felony (Va. Code Ann. § 18.2-308.2:3C) · Wrongful request or dissemination of criminal history record information: class 2 misdemeanor (Va. Code Ann. § 18.2-308.2:3I) · Materially false statement on personal descriptive information: class 5 felony (Va. Code Ann. § 18.2-308.2:3J) · Offering a firearm for transfer in violation of section: class 1 misdemeanor (Va. Code Ann. § 18.2-308.2:3J) · Dealer knowingly employing disqualified seller: class 1 misdemeanor (Va. Code Ann. § 18.2-308.2:3J) · False statement in C1 affidavit: class 5 felony (Va. Code Ann. § 18.2-308.2:3M)

Is criminal history record information check required for the transfer of certain firearms a felony or a misdemeanor in Virginia?

It depends on the circumstances: criminal history record information check required for the transfer of certain firearms ranges from a class 2 misdemeanor to a class 4 felony in Virginia under Va. Code Ann. § 18.2-308.2:2.

Dealer wrongfully obtaining or disseminating criminal history record information: class 2 misdemeanor (Va. Code Ann. § 18.2-308.2:2E) · Materially false statement on consent form: class 5 felony (Va. Code Ann. § 18.2-308.2:2K) · Dealer willfully transferring firearm in violation of section: class 6 felony (Va. Code Ann. § 18.2-308.2:2L) · Soliciting or aiding a straw purchase transfer: class 6 felony (Va. Code Ann. § 18.2-308.2:2L) · Purchasing firearm for ineligible transferee or out-of-state resale: class 4 felony (Va. Code Ann. § 18.2-308.2:2M) · Ineligible person soliciting or assisting straw purchase: class 4 felony (Va. Code Ann. § 18.2-308.2:2N) · Unlawful purchase of more than one handgun within 30 days: class 1 misdemeanor (Va. Code Ann. § 18.2-308.2:2R)

Is possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons a felony or a misdemeanor in Virginia?

Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons is a class 6 felony in Virginia under Va. Code Ann. § 18.2-308.2.

Possession/transportation of firearm, ammunition, stun weapon, or explosive material by a convicted felon or qualifying juvenile adjudicated delinquent: class 6 felony (Va. Code Ann. § 18.2-308.2A)

Which Virginia statute covers possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons?

Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons is governed by Va. Code Ann. § 18.2-308.2 (Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for restoration order; when issued).

This reference is informational and is not legal advice.