HB93 — Firearms; transfers to another person from a prohibited person.

Summary

Firearms; transfers to another person from a prohibited person.

Bill Text

Compared against the Code of Virginia as published AI-generated reading aid — verify against the official bill.

This bill amends 2 section(s) of the Code of Virginia: 18.2-308.1:4, 18.2-308.1:8.

• 18.2-308.1:4

  clauses → clause

  Replaces “clauses” with “clause”.

• 18.2-308.1:4

  advise such person who is subject to the protective order that a law-enforcement officer may obtain a search warrant to search for any firearms from such person if such law-enforcement officer has reason to believe that such person has not relinquished all firearms in his possession.

  Inserts “advise such person who is subject to the protective order that a law-enforcement officer may obtain a search warrant to search for any firearms from such person if such law-enforcement officer has reason to believe that such person has not relinquished all firearms in his possession.”.

• 18.2-308.1:4

  Additionally, the court shall

  Inserts “Additionally, the court shall”.

• 18.2-308.1:4

  , provided that such person who is not otherwise prohibited by law from possessing such firearm is 21 years of age or older and does not reside with the person who is subject to the protective order

  Inserts “, provided that such person who is not otherwise prohibited by law from possessing such firearm is 21 years of age or older and does not reside with the person who is subject to the protective order”.

• 18.2-308.1:4

  ,

  Inserts “,”.

• 18.2-308.1:4

  In the event of a surrender, sale, or transfer of a firearm, the person who is subject to the protective order shall provide, on

  Inserts “In the event of a surrender, sale, or transfer of a firearm, the person who is subject to the protective order shall provide, on”.

• 18.2-308.1:4

  such

  Inserts “such”.

• 18.2-308.1:4

  form, the name

  Inserts “form, the name”.

• 18.2-308.1:4

  ,

  Inserts “,”.

• 18.2-308.1:4

  address

  Inserts “address”.

• 18.2-308.1:4

  , and signature

  Inserts “, and signature”.

• 18.2-308.1:4

  of the transferee, federally licensed firearms dealer, or law-enforcement agency in possession of the firearm.

  Inserts “of the transferee, federally licensed firearms dealer, or law-enforcement agency in possession of the firearm.”.

• 18.2-308.1:4

  The person who is subject to the protective order

  Inserts “The person who is subject to the protective order”.

• 18.2-308.1:4

  shall provide a copy of such form to the transferee at the time of such firearm transfer.

  Inserts “shall provide a copy of such form to the transferee at the time of such firearm transfer.”.

• 18.2-308.1:4

  and to the court that issued the order

  Inserts “and to the court that issued the order”.

• 18.2-308.1:4

  for → of

  Replaces “for” with “of”.

• 18.2-308.1:4

  so

  Inserts “so”.

• 18.2-308.1:8

  D.

  Inserts “D.”.

• 18.2-308.1:8

  At such person's sentencing hearing, the court shall advise any person prohibited from purchasing, possessing, or transporting a firearm pursuant to clause (i) of subsection A that a law-enforcement officer may obtain a search warrant to search for any firearms from such person if such law-enforcement officer has reason to believe that such person has not relinquished all firearms in his possession.

  Inserts “At such person's sentencing hearing, the court shall advise any person prohibited from purchasing, possessing, or transporting a firearm pursuant to clause (i) of subsection A that a law-enforcement officer may obtain a search warrant to search for any firearms from such person if such law-enforcement officer has reason to believe that such person has not relinquished all firearms in his possession.”.

• 18.2-308.1:8

  Any person prohibited from purchasing, possessing, or transporting a firearm pursuant to clause (i) of subsection A shall (i) within 24 hours after such person's sentencing hearing or release from custody

  Inserts “Any person prohibited from purchasing, possessing, or transporting a firearm pursuant to clause (i) of subsection A shall (i) within 24 hours after such person's sentencing hearing or release from custody”.

• 18.2-308.1:8

  ,

  Inserts “,”.

• 18.2-308.1:8

  if such person is taken into custody at the conclusion of the sentencing hearing

  Inserts “if such person is taken into custody at the conclusion of the sentencing hearing”.

• 18.2-308.1:8

  ,

  Inserts “,”.

• 18.2-308.1:8

  (a) surrender any firearm possessed by such person to a designated local law-enforcement agency, (b) sell or transfer any firearm possessed by such person to a dealer as defined in § 18.2-308.2:2, or (c) sell or transfer any firearm possessed by such person to any person who is not otherwise prohibited by law from possessing such firearm, provided that such person who is not otherwise prohibited by law from possessing such firearm is 21 years of age or older and does not reside with such person who is prohibited from purchasing, possessing, or transporting a firearm pursuant to clause (i) of subsection A

  Inserts “(a) surrender any firearm possessed by such person to a designated local law-enforcement agency, (b) sell or transfer any firearm possessed by such person to a dealer as defined in § 18.2-308.2:2, or (c) sell or transfer any firearm possessed by such person to any person who is not otherwise prohibited by law from possessing such firearm, provided that such person who is not otherwise prohibited by law from possessing such firearm is 21 years of age or older and does not reside with such person who is prohibited from purchasing, possessing, or transporting a firearm pursuant to clause (i) of subsection A”.

• 18.2-308.1:8

  ,

  Inserts “,”.

• 18.2-308.1:8

  and (ii) within 48 hours after such person's sentencing hearing or release from custody

  Inserts “and (ii) within 48 hours after such person's sentencing hearing or release from custody”.

• 18.2-308.1:8

  ,

  Inserts “,”.

• 18.2-308.1:8

  if such person is taken into custody at the conclusion of the sentencing hearing, certify in writing, on a form provided by the Office of the Executive Secretary of the Supreme Court, that such person does not possess any firearms or that all firearms possessed by such person have been surrendered, sold, or transferred and file such certification with the clerk of the court where the conviction order was entered.

  Inserts “if such person is taken into custody at the conclusion of the sentencing hearing, certify in writing, on a form provided by the Office of the Executive Secretary of the Supreme Court, that such person does not possess any firearms or that all firearms possessed by such person have been surrendered, sold, or transferred and file such certification with the clerk of the court where the conviction order was entered.”.

• 18.2-308.1:8

  In the event of a surrender, sale, or transfer of a firearm, the person who is prohibited from purchasing, possessing, or transporting a firearm pursuant to clause (i) of subsection A shall provide, on

  Inserts “In the event of a surrender, sale, or transfer of a firearm, the person who is prohibited from purchasing, possessing, or transporting a firearm pursuant to clause (i) of subsection A shall provide, on”.

• 18.2-308.1:8

  such

  Inserts “such”.

• 18.2-308.1:8

  form, the name

  Inserts “form, the name”.

• 18.2-308.1:8

  ,

  Inserts “,”.

• 18.2-308.1:8

  address

  Inserts “address”.

• 18.2-308.1:8

  , and signature

  Inserts “, and signature”.

• 18.2-308.1:8

  of the transferee, the federally licensed firearms dealer, or the law-enforcement agency in possession of the firearm.

  Inserts “of the transferee, the federally licensed firearms dealer, or the law-enforcement agency in possession of the firearm.”.

• 18.2-308.1:8

  The person who is prohibited from purchasing, possessing, or transporting a firearm pursuant to clause (i) of subsection A shall

  Inserts “The person who is prohibited from purchasing, possessing, or transporting a firearm pursuant to clause (i) of subsection A shall”.

• 18.2-308.1:8

  provide a copy of such form to the transferee at the time of such firearm transfer.

  Inserts “provide a copy of such form to the transferee at the time of such firearm transfer.”.

• 18.2-308.1:8

  The willful failure of any person to certify in writing in accordance with this section that all firearms possessed by such person have been surrendered, sold, or transferred or that such person does not possess any firearms shall constitute contempt of court.

  Inserts “The willful failure of any person to certify in writing in accordance with this section that all firearms possessed by such person have been surrendered, sold, or transferred or that such person does not possess any firearms shall constitute contempt of court.”.

• 18.2-308.1:8

  E. Any person convicted of an offense under clause (i) of subsection A shall be provided with the address and hours of operation of a designated local law-enforcement agency. A law-enforcement agency that takes into custody a firearm surrendered to such agency pursuant to subsection D by a person who is prohibited from purchasing, possessing, or transporting a firearm pursuant to clause (i) of subsection A shall prepare a written receipt containing the name of the person who surrendered the firearm and the manufacturer, model, and serial number of the firearm and provide a copy to such person and to the court that issued the order. Any firearm surrendered to and held by a law-enforcement agency pursuant to subsection D shall be returned by such agency to the person who surrendered the firearm upon the expiration of the prohibition period as provided in subsection C. Such agency shall return the firearm within five days of receiving a written request for the return of the firearm by the person who surrendered the firearm and a copy of the receipt provided to such person by the agency. Prior to returning the firearm to such person, the law-enforcement agency holding the firearm shall confirm that such person is no longer prohibited by law from possessing a firearm. A firearm surrendered to a law-enforcement agency pursuant to subsection D may be disposed of in accordance with the provisions of § 15.2-1721 if (i) the person from whom the firearm was seized provides written authorization for such disposal to the agency or (ii) the firearm remains in the possession of the agency more than 120 days after such person is no longer prohibited from possessing a firearm and such person has not submitted a request in writing for the return of the firearm.

  Inserts “E. Any person convicted of an offense under clause (i) of subsection A shall be provided with the address and hours of operation of a designated local law-enforcement agency. A law-enforcement agency that takes into custody a firearm surrendered to such agency pursuant to subsection D by a person who is prohibited from purchasing, possessing, or transporting a firearm pursuant to clause (i) of subsection A shall prepare a written receipt containing the name of the person who surrendered the firearm and the manufacturer, model, and serial number of the firearm and provide a copy to such person and to the court that issued the order. Any firearm surrendered to and held by a law-enforcement agency pursuant to subsection D shall be returned by such agency to the person who surrendered the firearm upon the expiration of the prohibition period as provided in subsection C. Such agency shall return the firearm within five days of receiving a written request for the return of the firearm by the person who surrendered the firearm and a copy of the receipt provided to such person by the agency. Prior to returning the firearm to such person, the law-enforcement agency holding the firearm shall confirm that such person is no longer prohibited by law from possessing a firearm. A firearm surrendered to a law-enforcement agency pursuant to subsection D may be disposed of in accordance with the provisions of § 15.2-1721 if (i) the person from whom the firearm was seized provides written authorization for such disposal to the agency or (ii) the firearm remains in the possession of the agency more than 120 days after such person is no longer prohibited from possessing a firearm and such person has not submitted a request in writing for the return of the firearm.”.

• 18.2-308.1:8

  F. Any law-enforcement agency or law-enforcement officer that takes into custody, stores, possesses, or transports a firearm pursuant to this section shall be immune from civil or criminal liability for any damage to or deterioration, loss, or theft of such firearm.

  Inserts “F. Any law-enforcement agency or law-enforcement officer that takes into custody, stores, possesses, or transports a firearm pursuant to this section shall be immune from civil or criminal liability for any damage to or deterioration, loss, or theft of such firearm.”.

Action History

1. April 10, 2026

   Acts of Assembly Chapter text (CHAP0533)

2. April 10, 2026

   Approved by Governor-Chapter 533 (effective 7/1/2026)

3. March 10, 2026

   Governor's Action Deadline 11:59 p.m., April 13, 2026

4. March 10, 2026

   H Enrolled Bill communicated to Governor on March 10, 2026

5. March 05, 2026

   H Fiscal Impact Statement from Department of Planning and Budget (HB93)

6. March 04, 2026

   S Signed by President

7. March 04, 2026

   H Signed by Speaker

8. March 04, 2026

   H Bill text as passed House and Senate (HB93ER)

9. March 04, 2026

   H Enrolled

10. February 27, 2026

    H Senate amendments agreed to by House (61-Y 34-N 0-A)

11. February 25, 2026

    S Passed Senate with amendments (21-Y 19-N 0-A)

12. February 25, 2026

    S Engrossed by Senate as amended

13. February 25, 2026

    S Courts of Justice Amendment agreed to

14. February 25, 2026

    S Read third time

15. February 24, 2026

    S Passed by for the day Block Vote (Voice Vote)

16. February 24, 2026

    S Constitutional reading dispensed Block Vote (on 2nd reading) (39-Y 0-N 0-A)

17. February 24, 2026

    S Rules suspended

18. February 23, 2026

    S Reported from Courts of Justice with amendments (9-Y 5-N)

19. February 06, 2026

    S Referred to Committee for Courts of Justice

20. February 06, 2026

    S Constitutional reading dispensed (on 1st reading)

21. February 05, 2026

    H Read third time and passed House (62-Y 35-N 0-A)

22. February 04, 2026

    H Read second time and engrossed

23. February 03, 2026

    H Read first time

24. January 30, 2026

    H Reported from Public Safety (15-Y 6-N)

25. January 29, 2026

    H Placed on Public Safety Agenda

26. January 29, 2026

    H Subcommittee recommends reporting (7-Y 3-N)

27. January 27, 2026

    H Placed on Public Safety Agenda

28. January 25, 2026

    H Fiscal Impact Statement from Department of Planning and Budget (HB93)

29. January 16, 2026

    H Assigned HPS sub: Firearms

30. January 02, 2026

    H Referred to Committee on Public Safety

31. January 02, 2026

    H Prefiled and ordered printed; Offered 01-14-2026 26100796D

Sponsors

• Elizabeth B. Bennett-Parker · Primary

Votes

Subjects