2006 Code of Virginia § 18.2-308.1:1 - Possession or transportation of firearms by persons acquitted by reason of insanity; penalty; permi...

18.2-308.1:1. Possession or transportation of firearms by persons acquittedby reason of insanity; penalty; permit.

A. It shall be unlawful for any person acquitted by reason of insanity andcommitted to the custody of the Commissioner of Mental Health, MentalRetardation and Substance Abuse Services, pursuant to Chapter 11.1 (19.2-182.2 et seq.) of Title 19.2, on a charge of treason, any felony or anyoffense punishable as a misdemeanor under Title 54.1 or a Class 1 or Class 2misdemeanor under this title, except those misdemeanor violations of (i)Article 2 ( 18.2-266 et seq.) of Chapter 7 of this title, (ii) Article 2 (18.2-415 et seq.) of Chapter 9 of this title, or (iii) 18.2-119, or (iv) anordinance of any county, city, or town similar to the offenses specified in(i), (ii), or (iii), to knowingly and intentionally possess or transport anyfirearm. A violation of this section shall be punishable as a Class 1misdemeanor.

B. Any person so acquitted may, upon discharge from the custody of theCommissioner, petition the circuit court in which he resides for a permit topossess or carry a firearm. The court may, in its discretion and for goodcause shown, grant the petition and issue a permit, in which event theprovisions of subsection A do not apply.

(1990, c. 692.)

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