Legal Information: Virginia

State Gun Laws

December 31, 2021

Is there anything I can do to make it more likely that the abuser's gun is taken away when I get a protective order?

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

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