What Prohibits an Individual From the Transfer or Possession of a Firearm?
A person who answers "yes" to any of the below questions may be prohibited from purchasing or possessing a firearm pursuant to state and/or federal law:
- Are you under indictment for a felony offense?
- Have you ever been convicted, as an adult, in any court of a felony offense?
- If you are 28 years old or younger, have you ever been adjudicated delinquent as a juvenile 14 years of age or older at the time of offense of a delinquent act, which would be a felony if committed by an adult?
- Were you adjudicated as a juvenile 14 years of age or older at the time of the offense of murder in violation of Virginia Code Section 18.2-31 or Virginia Code Section 18.2-32, kidnapping in violation of Virginia Code Section 18.2-47, robbery by the threat or presentation of firearms in violation of Virginia Code Section 18.2-58, or rape in violation of Virginia Code Section 18.2-61? (If adjudicated as a delinquent for these offenses, you must answer yes. You are ineligible regardless of you current age and prohibited for life unless allowed by restoration of rights by the Governor of Virginia and order of the circuit court in the jurisdiction in which you reside.)
- Have you ever been convicted in any court of a misdemeanor crime punishable by more than 2 years even if the maximum punishment was not received?
- Is there an outstanding protective or restraining order against you from any court?
- Is there an outstanding felony or misdemeanor warrant of arrest pending against you from any jurisdiction?
- Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any controlled substance? The Federal Gun Control Act defines an addicted person, or unlawful user, as a person who has a conviction for use or possession of a controlled substance within the past year or persons found through a drug test to use a controlled substance unlawfully, provided that the test was administered within the past year.
- Have you ever been acquitted by reason of insanity?
- Have you ever been adjudicated legally incompetent or mentally incapacitated, or adjudicated an incapacitated person?
- Have you ever been involuntarily admitted to a facility or involuntarily ordered to outpatient mental health treatment?
- Have you ever been the subject of a temporary detention order and subsequently agreed to voluntarily admission for mental health treatment?
- Have you been discharged from the Armed Forces under dishonorable discharge?
- Are you an alien illegally in the United States?
- Are you a nonimmigrant alien? A nonimmigrant alien is prohibited from receiving a firearm unless he or she falls within an exception to the nonimmigrant alien prohibition (e.g., hunting license/permit; waiver).
- Are you a person who, having been a citizen of the United States, has renounced your citizenship?
- Have you ever been convicted for the misdemeanor crime of domestic violence? This includes all misdemeanors that involve the use, threat of, or attempted use of physical force (e.g., simple assault, assault and battery) if the offense is committed by one of the following parties: a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent or guardian, or by a person similarly situated to a spouse, parent or guardian of the victim.
- Are you a person who, within a 36 consecutive month period, has been convicted, under Virginia law, of 2 misdemeanor offenses for Possession of Controlled Substance or Possession of Marijuana? (Handgun Purchases Only)
If you are denied the right to purchase a firearm because you have been convicted of a felony as described in Section 18.2-308.2 of the Code of Virginia, you may still be eligible to purchase a firearm if your rights have been restored under both state and federal law. Information pertaining to the restoration of firearm rights is available at http://www.vsp.state.va.us/Firearms_Denied.shtm.