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Legal Information: Virginia

State Gun Laws

Updated: 
December 4, 2020

I have an emergency (ex parte) or preliminary order against the abuser. Can s/he have a gun?

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)