In these gun laws pages, we refer to both “federal gun laws” and “state gun laws.”  The major difference between the two has to do with who makes the law, who prosecutes someone who violates the law, and what the penalty is for breaking the law.

One reason why it is important for you to know that there are these two sets of gun laws is so that you can understand all of the possible ways that the abuser might be breaking the law, and you can better protect yourself.  Throughout this section, we will be referring mostly to state laws.  Be sure to also read our Federal Gun Laws pages to see if any federal laws apply to your situation as well.  You will need to read both state and federal laws to see which ones, if any, the abuser might be violating.

If you are calling the police because you believe the abuser has violated a gun law, you do not necessarily need to be able to tell the police which law was violated (state versus federal) but local police cannot arrest someone for violating federal law, only for violating state/local laws.  Only federal law enforcement, the Bureau of Alcohol, Tobacco and Firearms (“ATF”), can arrest someone for violating federal laws.  If the local police believe that a state law is being violated, they could arrest the abuser and hand the case over to the state prosecutor.  If the local police believe a federal law is being violated, hopefully, the police department will notify the ATF or perhaps the U.S. Attorney’s office in your state (which is the federal prosecutor).  For information on how you can contact ATF directly to report the violation of federal gun laws, go to Who do I notify if I think the abuser should not have a gun?  If the abuser is breaking both state and federal laws, s/he might be prosecuted in both state and federal court.

Under Virginia law, it is illegal for a person to have or buy a firearm if s/he:

1. was acquitted of a crime by reason of insanity and committed to the custody of the Commissioner of Behavioral Health and Developmental Services;¹
2. was declared legally incompetent or mentally incapacitated by a court;²
3. as an adult or as a minor who is age 14 or older, s/he was:
   • involuntarily admitted to a facility;
   • ordered to mandatory outpatient treatment;
   • the subject of a temporary detention order and subsequently agreed to voluntary admission; or
   • found incompetent to stand trial and likely to remain so for the foreseeable future;³
4. has an emergency, preliminary, or final protective order issued against him/her due to:
   • family abuse;
   • an act of violence, force or threat;
   • a protective order issued as part of a divorce;
   • an order issued due to abuse/neglect of a child; or
   • a similar restraining order as any of the above that was issued by another state;
5. has a substantial risk order against him/her or a similar order issued by another state;⁴
6. has been convicted of a felony;
7. was adjudicated “delinquent” as a juvenile at age 14 or older for one of the following crimes:
   
   1. murder;
   2. kidnapping;
   3. robbery by the threat or presentation of firearms;
   4. rape; or
   5. any other felony but only if the person is currently under the age of 29;⁵
8. is not a U.S. citizen or lawful permanent resident;⁶
9. is under 18 unless certain exceptions are met; Note: The law specifically prohibits possessing a handgun and assault firearm, not all firearms;⁷ or
10. was convicted of two misdemeanor drug offenses within a three-year period. Note: The law specifically prohibits possessing a handgun, not all firearms. And, if five years pass from the date of the second conviction without a new conviction for another drug offense, then this restriction no longer applies.⁸

In addition, even if the laws, explained above, do not prohibit a person from having a firearm, there are additional restrictions when it comes to carrying a concealed handgun. A person is not eligible for a permit to carry a concealed handgun if:

• was convicted of two or more misdemeanors within the past five years and one of the misdemeanors was a Class 1 misdemeanor (Note: Even if none of them were Class 1 misdemeanors, a judge can still decide to deny the permit);⁹
• is addicted to, or is an unlawful user or distributor of, marijuana, synthetic cannabinoids (i.e., K2, Spice, etc.), or any controlled substance;
• within the past three years, was convicted of driving while intoxicated, public drunkenness, or a substantially similar offense under the laws of any other state;¹⁰
• is a fugitive from justice;
• was discharged from the Armed Forces under dishonorable conditions;¹¹
• is someone who the judge determines is likely to use a weapon unlawfully or negligently to endanger others (based on specific acts s/he committed). Note: The sheriff, chief of police, or attorney for the Commonwealth would have to submit to the court a sworn, written statement indicating that, in his/her opinion and based upon personal knowledge of specific acts committed, the person is likely to use a weapon unlawfully or negligently to endanger others;¹²
• was convicted of, or has a charge pending for, any assault, assault and battery, sexual battery, discharging of a firearm, or brandishing of a firearm within the past three years;¹³
• was convicted of, or has a charge pending for, stalking;¹⁴
• has received mental health treatment or substance abuse treatment in a residential setting within the past five years;¹⁵
• was convicted of assault and battery of a family or household member for an offense that occurred on or after July 1, 2021 – in this case, s/he cannot get a permit for three years following the conviction;
• is enrolled into the Voluntary Do Not Sell Firearms List;¹⁶ or
• within the past three years, was found guilty of any criminal drug offense (listed in Article 1 of the law, beginning with section 18.2-247) or of a criminal offense of illegal possession or distribution of marijuana, synthetic cannabinoids, or any controlled substance in another state; (Note: This includes a first-time offender who was sentenced to probation and, upon fulfilling the terms of probation, had the conviction discharged and the proceedings dismissed).¹⁷

¹ Va. Code § 18.2-308.1:1(A)
² Va. Code § 18.2-308.1:2(A)
³ Va. Code § 18.2-308.1:3(A)
⁴ Va. Code § 18.2-308.1:4
⁵ Va. Code § 18.2-308.2(A)
⁶ Va. Code § 18.2-308.2:01(A)
⁷ Va. Code § 18.2-308.7
⁸ Va. Code § 18.2-308.1:5
⁹ Va. Code § 18.2-308.09(7)
¹⁰ Va. Code § 18.2-308.09(8), (9)
¹¹ Va. Code § 18.2-308.09(11), (12)
¹² Va. Code § 18.2-308.09(13)
¹³ Va. Code § 18.2-308.09(14), (17)
¹⁴ Va. Code § 18.2-308.09(15), (17)
¹⁵ Va. Code § 18.2-308.09(18)
¹⁶ Va. Code § 18.2-308.09(1)
¹⁷ Va. Code § 18.2-308.09(19), (20)

Under Virginia law, it is illegal for someone to purchase or transport any firearm if there is an emergency or preliminary protective order issued against him/her due to family abuse or an act of violence, force or threat. However, Virginia law does not prohibit an abuser who has an emergency or preliminary protective order issued against him/her due to family abuse or an act of violence, force or threat from possessing or continuing to own a firearm.¹

In addition, someone with an emergency or preliminary protective order against him/her is not eligible to get a permit to carry a concealed handgun² and, if s/he already has a permit, it must be surrendered to the court that issued the order for the period that the order is in effect.¹ However, s/he is allowed to have the firearm for 24 hours after being served with the order only for the purpose of selling or transferring the firearm.³

¹ Va. Code § 18.2-308.1:4(A)
² Va. Code § 18.2-308.09(5)
³ Va. Code § 18.2-308.1:4(B)

Virginia state law specifically says that a person who has a protective order against him/her cannot buy or transport a gun (and there will be a warning on your protective order form to the abuser that states this). Virginia state law also says that if the abuser has a concealed handgun permit, s/he must surrender it while your protective order is in effect.¹ However, you may also want to ask the judge to specifically write in the terms of the order that the abuser must give up his/her firearms. It also may be helpful if the judge:

• requires the abuser to give his/her guns to the police, or requires the police to go to the abuser’s house and get them;
• makes it clear to both you and the abuser how long the guns will be kept away from the abuser; and
• orders that the police notify you when the guns are returned to the abuser.

¹ Va. Code § 18.2-308.1:4

Domestic violence misdemeanor and felony records are open to the public, but they are not always easy to access.  If you know the exact courthouse where the abuser may have been convicted, you can go to the courthouse and ask the clerk of court for access to those records.

Domestic violence misdemeanor and felony records are also kept in the National Instant Criminal Background Check System (NICS). However, no one other than law enforcement officials and licensed firearm sellers are allowed to search the NICS.  Your local police department may be willing to search NICS for you if you ask, but they are not required to do so.

To read more about the NICS, please What will happen if the abuser tries to purchase a gun?

If the abuser has been convicted of a crime that involved the use of a firearm, or if s/he has concealed, possessed, transported or carried a weapon in violation of the law, it will be forfeited to the state of Virginia and destroyed or possibly sold to a licensed firearms dealer.¹

If you get a protective order for family abuse or if a substantial risk protection order is issued, the judge will order the abuser to do any of the following within 24 hours after being served with the order:

• surrender the firearms to a local law-enforcement agency; or
• sell or transfer the firearms a licensed firearm dealer or to someone who is lawfully able to possess firearms.²

If the abuser surrenders the firearms to law enforcement, s/he can get the guns back once the protective order expires. However, the abuser must make a written request for the return of the guns within 120 days after the expiration of the order or else the guns will become the property of law enforcement.³

¹ Va. Code §§ 19.2-386.29; 19.2-386.28
² Va. Code § 18.2-308.1:4(C)
³ Va. Code § 18.2-308.1:4(E)

Before purchasing a gun from a licensed firearm dealer, all buyers must undergo a criminal background check that is processed through the National Instant Criminal Background Check System (NICS). The National Instant Criminal Background Check System is used by federal firearms licensees (FFLs), such as firearms dealers or pawnbrokers, to instantly determine whether someone is eligible to receive (own, possess, transport) firearms or explosives.¹ If the abuser has a qualifying protection order against him/her, or has been convicted of a felony or domestic violence misdemeanor in any state, those records should be in the NICS, which should prevent the abuser from legally buying a gun. Not all states have automated record keeping systems, making it more difficult to process the criminal background check, and some criminals and abusers do slip through the system. Also, it is important to know that background checks are not required for private and online gun sales and so in those situations, the seller is not looking in the NICS.

If the abuser is able to purchase a gun and you believe that s/he should not be able to have one under the law, you can alert the police, and ask that his/her gun be taken away and perhaps the police will investigate. Generally, it is not a good idea to assume that because the abuser was able to buy a gun, it is legal for him/her to have one.

¹ National Criminal Justice Reference Service website

Even if you do not have a protective order for family abuse or a protective order for an act of violence, force, or threat against the abuser, and s/he has not been convicted of a crime, it is illegal for a person to have or buy a firearm if s/he:

• was acquitted of a crime by reason of insanity and committed to the custody of the Commissioner of Behavioral Health and Developmental Services;¹
• was declared legally incompetent or mentally incapacitated by a court;²
• as an adult or as a minor who is age 14 or older, s/he was:
  • involuntarily admitted to a facility;
  • ordered to mandatory outpatient treatment;
  • the subject of a temporary detention order and subsequently agreed to voluntary admission; or
  • found incompetent to stand trial and likely to remain so for the foreseeable future;³
• has an emergency, preliminary, or final protective order issued against him/her as part of a divorce or due to abuse/neglect of a child from any state;
• has a substantial risk order against him/her or a similar order issued by another state;⁴
• is not a U.S. citizen or lawful permanent resident;⁵
• is under 18 unless certain exceptions are met. Note: The law specifically prohibits possessing a handgun and assault firearm, not all firearms.⁶ ​

In addition, even if the laws, explained above, do not prohibit a person from having a firearm, there are additional restrictions when it comes to carrying a concealed handgun. A person is not eligible for a permit to carry a concealed handgun if s/he:

• is addicted to, or is an unlawful user or distributor of, marijuana, synthetic cannabinoids (i.e., K2, Spice, etc.), or any controlled substance;⁷
• is a fugitive from justice;
• was discharged from the Armed Forces under dishonorable conditions;⁸
• is someone who the judge determines is likely to use a weapon unlawfully or negligently to endanger others based on specific acts s/he committed. Note: The sheriff, chief of police, or attorney for the Commonwealth would have to submit to the court a sworn, written statement indicating that, in his/her opinion and based upon personal knowledge of specific acts committed, the person is likely to use a weapon unlawfully or negligently to endanger others;⁹
• has a charge pending for any assault, assault and battery, sexual battery, discharging of a firearm, or brandishing of a firearm within the past three years;
• has a charge pending for stalking;¹⁰
• has received mental health treatment or substance abuse treatment in a residential setting within the past five years; or
• is enrolled into the Voluntary Do Not Sell Firearms List.¹¹

If none of these situations apply, you can still make a plan for your safety. See our Staying Safe page for more information. You can also contact your local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety. See our VA Advocates and Shelters page to find a local domestic violence organization near you.

For additional information on gun laws in Virginia, you can go to the Giffords Law Center website.

Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun under other circumstances. Go to Federal Gun Laws to get more information.

¹ Va. Code § 18.2-308.1:1(A)
² Va. Code § 18.2-308.1:2(A)
³ Va. Code § 18.2-308.1:3(A)
⁴ Va. Code § 18.2-308.1:4
⁵ Va. Code § 18.2-308.2:01(A)
⁶ Va. Code § 18.2-308.7
⁷ Va. Code § 18.2-308.09(8)
⁸ Va. Code § 18.2-308.09(11), (12)
⁹ Va. Code § 18.2-308.09(13)
¹⁰ Va. Code § 18.2-308.09(17)
¹¹ Va. Code § 18.2-308.09(1), (18)

Trying to understand both federal and state law can be confusing, but there are people out there who can help you better understand the law and your rights under the law.

• You can contact the National Center on Protection Orders and Full Faith & Credit to get more information about how firearm laws apply to you: 1-800-903-0111, ext. 2.
• You can contact a local domestic violence organization in your area.  See our VA Advocates and Shelters page.
• You can write to our Email Hotline.