Virginia Code

Va. Code Ann. § 18.2-308.2 (2026)

Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for restoration order; when issued

✓ current as of May 2026

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A. It is unlawful for (i) any person who has been convicted of a felony; (ii) any person adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of murder in violation of § 18.2-31 or 18.2-32, kidnapping in violation of § 18.2-47, robbery by the threat or presentation of firearms in violation of § 18.2-58, or rape in violation of § 18.2-61; or (iii) any person under the age of 29 who was adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of a delinquent act which would be a felony if committed by an adult, other than those felonies set forth in clause (ii), whether such conviction or adjudication occurred under the laws of the Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof, to knowingly and intentionally possess or transport any firearm or ammunition for a firearm, any stun weapon as defined by § 18.2-308.1, or any explosive material, or to knowingly and intentionally carry about his person, hidden from common observation, any weapon described in subsection A of § 18.2-308. However, such person may possess in his residence or the curtilage thereof a stun weapon as defined by § 18.2-308.1. Any person who violates this subsection is guilty of a Class 6 felony. However, any person who violates this subsection by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of a violent felony as defined in § 17.1-805 shall be sentenced to a mandatory minimum term of imprisonment of five years. Any person who violates this subsection by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of any other felony within the prior 10 years shall be sentenced to a mandatory minimum term of imprisonment of two years. The mandatory minimum terms of imprisonment prescribed for violations of this subsection shall be served consecutively with any other sentence.

A1. It is unlawful for any person who commits a violation of subdivision A 2 of § 18.2-57 on or after July 1, 2026, and is subsequently adjudicated delinquent or convicted of such offense, whether such adjudication or conviction occurred under the laws of the Commonwealth, or the substantially similar laws of any other state, the District of Columbia, or the United States or any territory thereof, to knowingly and intentionally purchase, possess, or transport any firearm. Any person who violates this subsection is guilty of a Class 1 misdemeanor. Any person who violates this subsection and is prohibited from purchasing, possessing, or transporting any firearm pursuant to this subsection shall be prohibited from purchasing, possessing, or transporting any firearm for three years following the date of the conviction, at which point the person convicted of such offense shall no longer be prohibited from purchasing, possessing, or transporting a firearm.

B. The prohibitions of subsections A and A1 shall not apply to (i) any person who possesses a firearm, ammunition for a firearm, explosive material, or other weapon while carrying out his duties as a member of the Armed Forces of the United States or of the National Guard of Virginia or of any other state, (ii) any law-enforcement officer in the performance of his duties, (iii) any person who has been pardoned or whose political disabilities have been removed pursuant to Article V, § 12 of the Constitution of Virginia provided the Governor, in the document granting the pardon or removing the person's political disabilities, may expressly place conditions upon the reinstatement of the person's right to ship, transport, possess, or receive firearms, (iv) any person whose right to possess firearms or ammunition has been restored under the law of another state subject to conditions placed upon the reinstatement of the person's right to ship, transport, possess, or receive firearms by such state, or (v) any person adjudicated delinquent as a juvenile who has completed a term of service of no less than two years in the Armed Forces of the United States and, if such person has been discharged from the Armed Forces of the United States, received an honorable discharge and who is not otherwise prohibited under clause (i) or (ii) of subsection A.

C. Any person prohibited from possessing, transporting, or carrying a firearm, ammunition for a firearm, or a stun weapon under subsection A or A1 may petition the circuit court of the jurisdiction in which he resides or, if the person is not a resident of the Commonwealth, the circuit court of any county or city where such person was last convicted of a felony or adjudicated delinquent of a disqualifying offense pursuant to subsection A or A1 for a restoration order that unconditionally authorizes possessing, transporting, or carrying a firearm, ammunition for a firearm, or a stun weapon; however, no person who has been convicted of a felony shall be qualified to petition for such an order unless his civil rights have been restored by the Governor or other appropriate authority. A copy of the petition shall be mailed or delivered to the attorney for the Commonwealth for the jurisdiction where the petition was filed who shall be entitled to respond and represent the interests of the Commonwealth. The court shall conduct a hearing if requested by either party. The court may, in its discretion and for good cause shown, grant such petition and issue a restoration order. Such order shall contain the petitioner's name and date of birth. The clerk shall certify and forward forthwith to the Central Criminal Records Exchange (CCRE), on a form provided by the CCRE, a copy of the order to be accompanied by a complete set of the petitioner's fingerprints. The Department of State Police shall forthwith enter the petitioner's name and description in the CCRE so that the order's existence will be made known to law-enforcement personnel accessing the computerized criminal history records for investigative purposes. The provisions of this section relating to firearms, ammunition for a firearm, and stun weapons shall not apply to any person who has been issued a restoration order pursuant to this subsection.

C1. Any person who was prohibited from possessing, transporting, or carrying explosive material under subsection A or A1 may possess, transport, or carry such explosive material if his right to possess, transport, or carry explosive material has been restored pursuant to federal law.

C2. The prohibitions of subsection A or A1 shall not prohibit any person other than a person convicted of an act of violence as defined in § 19.2-297.1 or a violent felony as defined in subsection C of § 17.1-805 from possessing, transporting, or carrying (i) antique firearms or (ii) black powder in a quantity not exceeding five pounds if it is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms. For the purposes of this subsection, "antique firearms" means any firearm described in subdivision 3 of the definition of "antique firearm" in subsection F of § 18.2-308.2:2.

D. For the purpose of this section:

"Ammunition for a firearm" means the combination of a cartridge, projectile, primer, or propellant designed for use in a firearm other than an antique firearm as defined in § 18.2-308.2:2.

"Explosive material" means any chemical compound mixture, or device, the primary or common purpose of which is to function by explosion; the term includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, smokeless gun powder, detonators, blasting caps, and detonating cord but shall not include fireworks or permissible fireworks as defined in § 27-95.

1979, c. 474; 1982, c. 515; 1983, c. 233; 1986, cc. 409, 641; 1987, c. 108; 1988, c. 237; 1989, cc. 514, 531; 1993, cc. 468, 926; 1994, cc. 859, 949; 1999, cc. 829, 846; 2001, cc. 811, 854; 2002, c. 362; 2003, c. 110; 2004, cc. 429, 461, 995; 2005, cc. 600, 833; 2007, c. 519; 2008, c. 752; 2009, c. 236; 2010, c. 781; 2015, cc. 200, 767; 2016, c. 337; 2017, c. 767; 2019, c. 203; 2020, cc. 1111, 1112; 2026, c. 1084.

Notes of Decisions

Cited in 658 cases (188 in the last 5 years), 1983–2026 · leading case: Farnsworth v. Commonwealth, 599 S.E.2d 482 (Va. Ct. App. 2004).

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Farnsworth v. Commonwealth, 599 S.E.2d 482 (Va. Ct. App. 2004). · cites it 102× “On appeal, he contends the trial court erred in concluding that his prior felony conviction in the state of West Virginia for armed robbery constituted a predicate felony conviction under Code § 18.2-308.”

Armstrong v. Commonwealth, 549 S.E.2d 641 (Va. Ct. App. 2001). · cites it 108× “Eric Wayne Armstrong, appellant, was convicted in a bench trial of possession of a firearm by a convicted felon, in violation of Code § 18.2-308.2. [1] He contends the evidence was insufficient to prove that the object *642 he possessed was a firearm because it was not "operable.”

Armstrong v. Commonwealth, 562 S.E.2d 139 (Va. 2002). · cites it 58× “In this appeal, we consider whether the Court of Appeals of Virginia correctly determined that in a prosecution for violation of Code § 18.2-308.2, which provides that it is unlawful for a person previously convicted of a felony “to knowingly and intentionally possess .”

Rawls v. Com., 634 S.E.2d 697 (Va. 2006). · cites it 44× “Rawls was convicted by a jury in the Circuit Court of Rockingham County of possession of a firearm by a convicted felon in violation of Code § 18.2-308.2. In an unpublished per curiam opinion, the Court of Appeals denied Rawls' petition for appeal.”

Angel Alexis Cartagena, a/k/a Veguilla Angel Alexis Cartegena v. Commonwealth of Virginia, 807 S.E.2d 223 (Va. Ct. App. 2017). · cites it 46× “2:2, attempted possession of a firearm by a felon in violation of Code § 18.2-308.2, and possession of a firearm by a felon in violation of Code § 18.”

Alger v. Commonwealth, 590 S.E.2d 563 (Va. 2004). · cites it 44× “Karyn Lynn Alger (“Alger”) was convicted in the Circuit Court of Page County for unlawfully possessing a firearm after having been convicted of a felony in violation of Code § 18.2-308.2. She was sentenced to five years in prison with three years suspended.”

Williams v. Commonwealth, 642 S.E.2d 295 (Va. Ct. App. 2007). · cites it 28× “By order of March 21, 2006, that panel decision was stayed, and a petition for rehearing en banc granted.”

Mouberry v. Commonwealth, 575 S.E.2d 567 (Va. Ct. App. 2003). · cites it 33× “” This conclusion follows, Mouberry asserts, from the fact that “the General Assembly did not remove language which specified the class of the offense, when it amended § 18.2-308.2 in 1999.” Put another way, Mouberry contends that the language defining the offense as a Class 6…”

Santraun Deshaud Speller v. Commonwealth of Virginia, 819 S.E.2d 848 (Va. Ct. App. 2018). · cites it 16× “Speller argues that the definition of a firearm the Supreme Court has applied to Code § 18.2-308.2, possession of a firearm by a convicted felon, should have been used by the trial court in considering the same term under Code § 18.”

Orlando Rondell Williams v. Commonwealth of Virginia, 733 S.E.2d 124 (Va. Ct. App. 2012). · cites it 44× “Orlando Rondell Williams, appellant, was convicted in a bench trial of possession of ammunition for a firearm by a felon, in violation of Code § 18.2-308.2. 1 On appeal, he challenges the sufficiency of the evidence.”

Dodson v. Commonwealth, 476 S.E.2d 512 (Va. Ct. App. 1996). · cites it 82× “2 does not violate the constitutional prohibition against ex post facto laws; (2) using a 1969 conviction for breaking and entering as the predicate felony when he was a juvenile at the time of the offense; (3) using his 1969 conviction as the predicate felony when that…”

Howard Allen Groffel v. Commonwealth of Virginia, 831 S.E.2d 503 (Va. Ct. App. 2019). · cites it 33× “He also contends that his two convictions and punishments under Code § 18.2-308.2 for simultaneous possession of a firearm and ammunition violate double jeopardy.”

Show all 658 citing cases →

— Va. Code Ann. § 18.2-308.2(0) — 1 case

James Hamilton v. William Pallozzi, 848 F.3d 614 (4th Cir. 2017).

— Va. Code Ann. § 18.2-308.2(A) — 195 cases

Rawls v. Com., 634 S.E.2d 697 (Va. 2006). “Rawls was convicted by a jury in the Circuit Court of Rockingham County of possession of a firearm by a convicted felon in violation of Code § 18.2-308.2. In an unpublished per curiam opinion, the Court of Appeals denied Rawls' petition for appeal.”

Mouberry v. Commonwealth, 575 S.E.2d 567 (Va. Ct. App. 2003). “” This conclusion follows, Mouberry asserts, from the fact that “the General Assembly did not remove language which specified the class of the offense, when it amended § 18.2-308.2 in 1999.” Put another way, Mouberry contends that the language defining the offense as a Class 6…”

Angel Alexis Cartagena, a/k/a Veguilla Angel Alexis Cartegena v. Commonwealth of Virginia, 807 S.E.2d 223 (Va. Ct. App. 2017). “2:2, attempted possession of a firearm by a felon in violation of Code § 18.2-308.2, and possession of a firearm by a felon in violation of Code § 18.”

McMillan v. Commonwealth, 686 S.E.2d 525 (Va. Ct. App. 2009).

Alger v. Commonwealth, 590 S.E.2d 563 (Va. 2004). “Karyn Lynn Alger (“Alger”) was convicted in the Circuit Court of Page County for unlawfully possessing a firearm after having been convicted of a felony in violation of Code § 18.2-308.2. She was sentenced to five years in prison with three years suspended.”

— Va. Code Ann. § 18.2-308.2(A)(i) — 8 cases

McMillan v. Com., 671 S.E.2d 396 (Va. 2009).

Christian John Prekker v. Commonwealth of Virginia, 782 S.E.2d 604 (Va. Ct. App. 2016).

Almon Richardson v. Commonwealth of Virginia (Va. Ct. App. 2025).

Maleik Jaquan Jackson v. Commonwealth of Virginia (Va. Ct. App. 2025).

Kevin Antoine Thomas v. Commonwealth of Virginia (Va. Ct. App. 2018).

— Va. Code Ann. § 18.2-308.2(A)(ii) — 6 cases

Parsons v. Commonwealth, 529 S.E.2d 810 (Va. Ct. App. 2000).

Demetrie Lamont Watkins v. Commonwealth of Virginia, 746 S.E.2d 77 (Va. Ct. App. 2013).

United States v. Crudup, 225 F. Supp. 2d 688 (E.D. Va. 2002).

Ted Anthony Jennings, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2024).

Roosevelt Green v. Commonwealth (Va. Ct. App. 2002).

— Va. Code Ann. § 18.2-308.2(A)(iii) — 12 cases

Jayquane D. Perry v. Commonwealth of Virginia, 737 S.E.2d 922 (Va. Ct. App. 2013).

Preston v. Com., 704 S.E.2d 127 (Va. 2011).

Christian John Prekker v. Commonwealth of Virginia, 782 S.E.2d 604 (Va. Ct. App. 2016).

Parker Chad Ross v. Commonwealth of Virginia, 739 S.E.2d 910 (Va. Ct. App. 2013).

Colton Allen King v. Commonwealth of Virginia (Va. Ct. App. 2023).

— Va. Code Ann. § 18.2-308.2(A)(v) — 1 case

David Clinton Green v. Commonwealth of Virginia (Va. Ct. App. 2009).

— Va. Code Ann. § 18.2-308.2(B) — 3 cases

Ricky G. Davis, s/k/a Ricky Glendall Davis v. Commonwealth of Virginia (Va. Ct. App. 2010).

Vanover v. Commonwealth (Va. 2012).

Rodriguez v. Virginia, 87 Va. Cir. 56 (Fairfax Cir. Ct. 2013).

— Va. Code Ann. § 18.2-308.2(B)(iii) — 3 cases

Farnsworth v. Commonwealth, 599 S.E.2d 482 (Va. Ct. App. 2004). “On appeal, he contends the trial court erred in concluding that his prior felony conviction in the state of West Virginia for armed robbery constituted a predicate felony conviction under Code § 18.2-308.”

Farnsworth v. Com., 613 S.E.2d 459 (Va. 2005).

Vanover v. Commonwealth (Va. 2012).

— Va. Code Ann. § 18.2-308.2(C) — 9 cases

Jones v. Com., 661 S.E.2d 412 (Va. 2008).

Farnsworth v. Com., 613 S.E.2d 459 (Va. 2005).

Susan Marie Focke, f/k/a Susan Marie Spearman v. Commonwealth of Virginia (Va. Ct. App. 2023).

Commonwealth v. Leone (Va. 2013).

— Va. Code Ann. § 18.2-308.2(C)(2) — 1 case

Conroy Gordon v. William Barr, 965 F.3d 252 (4th Cir. 2020).

— Va. Code Ann. § 18.2-308.2(D) — 5 cases

Orlando Rondell Williams v. Commonwealth of Virginia, 733 S.E.2d 124 (Va. Ct. App. 2012). “Orlando Rondell Williams, appellant, was convicted in a bench trial of possession of ammunition for a firearm by a felon, in violation of Code § 18.2-308.2. 1 On appeal, he challenges the sufficiency of the evidence.”

Bellamy v. Commonwealth, 724 S.E.2d 232 (Va. Ct. App. 2012).

Sean Denzel Guerrant v. Commonwealth of Virginia (Va. Ct. App. 2020).

Ricky G. Davis, s/k/a Ricky Glendall Davis v. Commonwealth of Virginia (Va. Ct. App. 2010).

Eugene Boone, IV v. Commonwealth of Virginia (Va. Ct. App. 2010).

— Va. Code Ann. § 18.2-308.2(b)(iii) — 1 case

Snyder v. City of Alexandria, 870 F. Supp. 672 (E.D. Va. 1994).

— Va. Code Ann. § 18.2-308.2(d) — 1 case

Booker v. City Of Lynchburg (W.D. Va. 2020).

— Va. Code Ann. § 18.2-308.2(ii) — 1 case

Eric Lamont Payne v. Commonwealth (Va. Ct. App. 2003).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.