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2008 SESSION
081464608Be it enacted by the General Assembly of Virginia:
1. That §§ 18.2-308.1:3 and 37.2-819 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-308.1:3. Purchase, possession or transportation of firearm by persons involuntarily admitted or ordered to outpatient treatment; penalty.
A. It shall be unlawful for any person involuntarily committed admitted to a facility or
ordered to involuntary outpatient treatment
pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2,
or who was the subject of a temporary detention order pursuant to § 37.2-809
and subsequently agreed to voluntary
admission pursuant to § 37.2-805,
to purchase, possess or transport a firearm during the period
of such person's commitment. A violation of this subsection shall
be punishable as a Class 1 misdemeanor.
B. Any person prohibited from purchasing, possessing or
transporting firearms under this section may, at any time following his release
from commitment an involuntary
admission to a facility, involuntary outpatient treatment, or voluntary
admission, petition the circuit court in the city or county in
which he resides to restore his right to purchase, possess or transport a
firearm. The court may, in its discretion and for good cause shown, grant the
petition. The clerk shall certify and forward forthwith to the Central Criminal
Records Exchange, on a form provided by the Exchange, a copy of any such order.
§ 37.2-819. Order of involuntary admission or involuntary outpatient treatment forwarded to CCRE; certain voluntary admissions forwarded to CCRE; firearm background check.
The Immediately
upon entry of any order issued pursuant to this chapter for involuntary
admission to a facility or for involuntary outpatient treatment, the
clerk of court shall certify and forward forthwith to the Central Criminal Records Exchange, on a form
provided by the Exchange, a copy of any the order for involuntary admission to a facility.
The copy of the form and the order shall be kept confidential in a separate
file and used only to determine a person's eligibility to possess, purchase, or
transfer a firearm.
The clerk of court shall also immediately forward to the Central Criminal Records Exchange information regarding any person who has been the subject of a temporary detention order pursuant to § 37.2-809, and who subsequently agrees to voluntary admission pursuant to § 37.2-805.