Verified Firearm Specifications

Oregon prohibited possessor handgun and long gun Restrictive

OR1037 — mental health : committed to mh facility : outpatient

Citation: O.R.S. § 426.133

(5) As part of the order under subsection (2) of this section, the court may prohibit the person from purchasing or possessing a firearm during the period of assisted outpatient treatment if, in the opinion of the court, there is a reasonable likelihood the person would constitute a danger to self or others or to the community at large as a result of the person’s mental or psychological state, as demonstrated by...

Effective: 2014-01-01

Oregon prohibited possessor handgun and long gun Restrictive

OR1028 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: O.R.S. § 166.250(1)

A person commits the crime of unlawful possession of a firearm if the person knowingly (c) Possesses a firearm and: (E) Was found to be a person with mental illness and subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness;

Effective: 1994-01-01

Oregon prohibited possessor handgun and long gun Restrictive

OR1029 — mental health : committed to mh facility

Citation: O.R.S. § 166.250(1)

A person commits the crime of unlawful possession of a firearm if the person knowingly (c) Possesses a firearm and: (D) Was committed to the Oregon Health Authority under ORS 426.130; (F) Is presently subject to an order under ORS 426.133 prohibiting the person from purchasing or possessing a firearm; (G) Has been found guilty except for insanity under ORS 161.295 of a felony

Effective: 1994-01-01

Pennsylvania prohibited possessor handgun and long gun Restrictive

PA1036 — dvro ex parte : expanded

Citation: 23 Pa. Cons. Stat. Ann. §§ 6107(b)(3), 6102(a)

6107(b) Temporary orders.- (1) If a plaintiff petitions for temporary order for protection from abuse and alleges immediate and present danger of abuse to the plaintiff or minor children, the court shall conduct an ex parte proceeding. (2) The court may enter such a temporary order as it deems necessary to protect the plaintiff or minor children when it finds they are in immediate and present danger of abuse.

Effective: 2006-05-08

Pennsylvania prohibited possessor handgun and long gun Restrictive

PA1037 — dvro : expanded

Citation: 18 Pa. Cons. Stat. Ann. § 6105(c)(6); 23 Pa. Cons. Stat. § 6108(a)(7)

18 Pa. Cons. Stat. Ann. § 6105: (2) A person who is the subject of an active final protection from abuse order issued pursuant to 23 Pa.C.S. § 6108, is the subject of any other active protection from abuse order issued pursuant to 23 Pa.C.S.

Effective: 2006-05-09

Pennsylvania prohibited possessor handgun and long gun Restrictive

PA1034 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: 18 Pa.C.S.A. § 6105

A person who has been convicted of an offense enumerated in subsection (b), within or without this Commonwealth, regardless of the length of sentence or whose conduct meets the criteria in subsection (c) shall not possess, use, control, sell, transfer or manufacture or obtain a license to possess, use, control, sell, transfer or manufacture a firearm in this Commonwealth.

Effective: 1995-10-11

Pennsylvania prohibited possessor handgun and long gun Restrictive

PA1035 — mental health : committed to mh facility

Citation: 18 Pa.C.S.A. § 6105

A person who has been convicted of an offense enumerated in subsection (b), within or without this Commonwealth, regardless of the length of sentence or whose conduct meets the criteria in subsection (c) shall not possess, use, control, sell, transfer or manufacture or obtain a license to possess, use, control, sell, transfer or manufacture a firearm in this Commonwealth.

Effective: 1995-10-11

Pennsylvania prohibited possessor handgun and long gun Restrictive

PA1068 — not RAND violent misdemeanor

Citation: 18 Pa. Cons. Stat. § 6105 (a)(1); (b)

(a) Offense defined.-- (1) A person who has been convicted of an offense enumerated in subsection (b), within or without this Commonwealth, regardless of the length of sentence or whose conduct meets the criteria in subsection (c) shall not possess, use, control, sell, transfer or manufacture or obtain a license to possess, use, control, sell, transfer or manufacture a firearm in this Commonwealth.

Effective: 1995-06-13

Rhode Island prohibited possessor handgun and long gun Restrictive

RI1037 — erpo

Citation: R.I. Gen. Laws § 8-8.3-4

(a) A petition for an extreme risk protection order shall be filed only by a law enforcement agency. (b) A petitioner may file a petition with the court requesting an extreme risk protection order that shall enjoin the respondent from having in their possession, custody or control any firearms and shall further enjoin the respondent from purchasing, receiving or attempting to purchase or receive any firearms while...

Effective: 2018-06-01

Rhode Island prohibited possessor handgun and long gun Restrictive

RI1038 — erpo : ex parte

Citation: R.I. Gen. Laws § 8-8.3-4

(a) A petition for an extreme risk protection order shall be filed only by a law enforcement agency. (b) A petitioner may file a petition with the court requesting an extreme risk protection order that shall enjoin the respondent from having in their possession, custody or control any firearms and shall further enjoin the respondent from purchasing, receiving or attempting to purchase or receive any firearms while...

Effective: 2018-06-01

Rhode Island prohibited possessor handgun and long gun Restrictive

RI1036 — dvro : expanded

Citation: R.I. Gen. Laws §§ 8-8.1-3, 15-15-1(10), 15-15-3(4)

§ 8-8.1-3: The court may order a respondent to surrender all firearms within 24 hours of issuing a restraining order when he is present at the hearing, or within 48 hours of being served when he is not at the hearing. The respondent must submit to the court a receipt of transfer for the firearms within 72 hours of receiving the order.

Effective: 2005-07-01

Rhode Island prohibited possessor handgun and long gun Restrictive

RI1029 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: Gen.Laws 1956, § 11-47-6

No person who is under guardianship or treatment or confinement by virtue of being a mental incompetent...shall purchase, own, carry, transport, or have in his or her possession or under his or her control any firearm.

Effective: 1956-01-01

Rhode Island prohibited possessor handgun and long gun Restrictive

RI1030 — mental health : committed to mh facility

Citation: Gen.Laws 1956, § 11-47-6

No person who is under guardianship or treatment or confinement by virtue of being a mental incompetent...shall purchase, own, carry, transport, or have in his or her possession or under his or her control any firearm.

Effective: 1956-01-01

South Carolina prohibited possessor handgun and long gun Restrictive

SC1018 — dvro

Citation: S.C. Code § 16-25-30

Firearms and ammunition prohibitions; penalties. (A) Notwithstanding the provisions of Section 16-23-30, it is unlawful for a person to ship, transport, receive, or possess a firearm or ammunition, if the person: (1) has been convicted of a violation of Section 16-25-20(B) or 16-25-65, or has been convicted of domestic violence in another state, tribe, or territory containing among its elements those elements...

Effective: 2015-06-04

South Carolina prohibited possessor handgun and long gun Restrictive

SC1017 — mental health : committed to mh facility

Citation: Code 1976 § 23-31-1040(A)

(A) It is unlawful for a person who has been adjudicated as a mental defective or who has been committed to a mental institution to ship, transport, possess, or receive a firearm or ammunition.

Effective: 2013-08-01

South Carolina prohibited possessor handgun Restrictive

SC1048 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: Code 1976 § 23-31-1040(A)

A) It is unlawful for a person who has been adjudicated as a mental defective or who has been committed to a mental institution to ship, transport, possess, or receive a firearm or ammunition.

Effective: 2013-08-01

South Carolina prohibited possessor handgun Restrictive

SC1016 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: Code 1976 § 16-23-30

(A) It is unlawful for a person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State any handgun to: (1) a person ...who has been adjudicated mentally incompetent. (B) It is unlawful for a person enumerated in subsection (A) to possess or acquire handguns within this State.

Effective: 1965-05-27 Superseded: 2013-08-01

South Dakota prohibited possessor handgun and long gun Restrictive

SD1052 — dvro ex parte : expanded

Citation: S.D. Codified Laws §§ 25-10-3.1, 25-10-6, 25-10-24

§ 25-10-3.1: Any person who is involved in one of the following relationships with another party: (2) Is in a significant romantic relationship or has been in one during the past twelve months with the abusing party. § 25-10-24: The court may require the defendant to surrender any dangerous weapon or any concealed pistol permit issued under 23-7 in the defendant's possession to local law enforcement. 25-10-6.

Effective: 2014-07-01

South Dakota prohibited possessor handgun and long gun Restrictive

SD1023 — dvro ex parte

Citation: S.D. Codified Laws §§ 25-10-6, 25-10-24

§ 25-10-24: The court may require the defendant to surrender any dangerous weapon or any concealed pistol permit issued under 23-7 in the defendant's possession to local law enforcement. § 25-10-6.

Effective: 1989-07-01

Tennessee prohibited possessor handgun and long gun Restrictive

TN1063 — mental health : committed to mh facility

Citation: Tenn. Code §§ 39-17-1316 (a)(q)

(a)(1) Any person appropriately licensed by the federal government may stock and sell firearms to persons desiring firearms; however, sales to persons who have been convicted of the offense of stalking, as prohibited by § 39-17-315, who are addicted to alcohol, who are ineligible to receive firearms under 18 U.S.C.

Effective: 2010-01-01

Tennessee prohibited possessor handgun and long gun Restrictive

TN1034 — dvro : expanded

Citation: Tenn. Code Ann. §§ 39-17-1307(f)(1)(B); 36-3-625; 36-3-601(5)(C)

§ 39-17-1307(f)(1)(B): A person commits an offense who possesses a firearm, as defined in § 39-11-106(a), and: (B) Is, at the time of the possession, subject to an order of protection that fully complies with 18 U.S.C. § 922(g)(8). § 36-3-625: (a) Upon issuance of an order of protection that fully complies with 18 U.S.C.

Effective: 2009-07-02

Texas prohibited possessor handgun and long gun Restrictive

TX1026 — dvro ex parte

Citation: Texas Pen. Code § 25.07(a); Tex. Fam. Code Ann. § 71.0021

§ 25.07(a) A person commits an offense if, in violation of a condition of bond set in a family violence, sexual assault or abuse, stalking, or trafficking case and related to the safety of a victim or the safety of the community, an order issued under Chapter 7A, Code of Criminal Procedure, an order issued under Article 17.292, Code of Criminal Procedure, an order issued under Section 6.504, Family Code, Chapter 83,...

Effective: 2008-01-01

Texas prohibited possessor handgun and long gun Restrictive

TX1025 — dvro : expanded

Citation: Tex. Penal Code Ann. §§ 25.07(a), Tex. Fam. Code § 83.001

(a) A person commits an offense if, in violation of a condition of bond set in a family violence, sexual assault or abuse, indecent assault, stalking, or trafficking case and related to the safety of a victim or the safety of the community, an order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, an order issued under Article 17.292, Code of Criminal Procedure, an order issued under Section 6.504,...

Effective: 2003-09-01

Texas prohibited possessor handgun and long gun Restrictive

TX1024 — dvro

Citation: Texas Pen. Code § 25.07(a)

A person commits an offense if, in violation of a condition of bond set in a family violence, sexual assault or abuse, stalking, or trafficking case and related to the safety of a victim or the safety of the community, an order issued under Chapter 7A, Code of Criminal Procedure, an order issued under Article 17.292, Code of Criminal Procedure , an order issued under Section 6.504, Family Code , Chapter 83, Family...

Effective: 2001-09-01 Superseded: 2003-09-01

Utah prohibited possessor handgun and long gun Restrictive

UT1041 — dvro ex parte : expanded

Citation: Utah Code Ann. §§ 78B-7-102, 78B-7-603 (renumbered from § 78B-7-106 7/1/2020)

78B-7-106. Protective orders -- Ex parte protective orders -- Modification of orders -- Service of process -- Duties of the court.

Effective: 2014-05-13

Utah prohibited possessor handgun and long gun Restrictive

UT1042 — dvro : expanded

Citation: Utah Code Ann. §§ 78B-7-102 (renumbered from 78B-7-402 effective 7/1/2020), 78B-7-404.

78B-7-402. Definitions. …(2)(a) "Dating partner" means a person who: (i)(A) is an emancipated person under Section 15-2-1 or Title 78A, Chapter 6, Part 8, Emancipation; or (B) is 18 years of age or older; and (ii) is, or has been, in a dating relationship with the other party. (b) "Dating partner" does not include an intimate partner, as defined in federal law in Title 18 U.S.C. Section 921.

Effective: 2013-05-13

Utah prohibited possessor handgun and long gun Restrictive

UT1036 — dvro

Citation: Utah Code Ann. § 78B-7-106(2)(f)

(2) A court may grant the following relief without notice in an order for protection or a modification issued ex parte: (f) upon finding that the respondent's use or possession of a weapon may pose a serious threat of harm to the petitioner, prohibit the respondent from purchasing, using, or possessing a firearm or other weapon specified by the court;

Effective: 2008-02-07 Superseded: 2014-05-13

Utah prohibited possessor handgun and long gun Restrictive

UT1039 — mental health : committed to mh facility

Citation: U.C.A. 1953 § 76-10-503(1)(b)

A Category II restricted person is a person who: (v) has been found not guilty by reason of insanity for a felony offense; (vi) has been found mentally incompetent to stand trial for a felony offense

Effective: 2000-05-01

Utah prohibited possessor handgun and long gun Permissive

UT1040 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: U.C.A. 1953 § 76-10-503(1)

Repealed.

Effective: 2000-05-01

Utah prohibited possessor handgun Restrictive

UT1037 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: U.C.A. 1953 § 76-10-503(1)

(a) Any person who...has been declared mentally incompetent may not own or have in his possession or under his custody or control any dangrous weapon as defined in Section 76-10-501; (b) A Category II restricted person is a person who: (vii) has been adjudicated as mentally defective as provided in the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat.

Effective: 1994-02-28 Superseded: 2000-05-01

Utah prohibited possessor handgun Restrictive

UT1038 — mental health : committed to mh facility

Citation: U.C.A. 1953 § 76-10-503(1)

(a) Any person who...has been declared mentally incompetent may not own or have in his possession or under his custody or control any dangrous weapon as defined in Section 76-10-501; (b) A Category II restricted person is a person who: (vii) has been adjudicated as mentally defective as provided in the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat.

Effective: 1994-02-28 Superseded: 2000-05-01

Vermont prohibited possessor handgun and long gun Restrictive

VT1061 — erpo : ex parte expanded

Citation: Vt. Stat. Ann. tit. 13, §§ 4053, 4054

4053(a) A State's Attorney, the Office of the Attorney General, or a family or household member may file a petition requesting that the court issue an extreme risk protection order prohibiting a person from purchasing, possessing, or receiving a dangerous weapon or having a dangerous weapon within the person's custody or control. The petitioner shall submit an affidavit in support of the petition.

Effective: 2023-07-01

Vermont prohibited possessor handgun and long gun Restrictive

VT1019 — erpo : ex parte

Citation: Vt. Stat. Ann. tit. 13, §§ 4053, 4054

4053(a) A State’s Attorney or the Office of the Attorney General may file a petition requesting that the court issue an extreme risk protection order prohibiting a person from purchasing, possessing, or receiving a dangerous weapon or having a dangerous weapon within the person’s custody or control. The petitioner shall submit an affidavit in support of the petition.

Effective: 2018-04-11

Vermont prohibited possessor handgun and long gun Restrictive

VT1060 — dvro ex parte : expanded

Citation: Vt. Stat. Ann. tit. 15, §§ 1103, 1104

§ 1103. Requests for relief (a) Any family or household member may seek relief from abuse by another family or household member on behalf of him- or herself or his or her children by filing a complaint under this chapter.

Effective: 2016-07-01

Vermont prohibited possessor handgun and long gun Restrictive

VT1018 — dvro ex parte

Citation: Vt. Stat. Ann. tit. 15, § 1103(c ), interpreted by Benson v. Muscari. Vt. Stat. Ann. tit. 15, § 1104.

§ 1103 Requests for relief (1) The court shall make such orders as it deems necessary to protect the plaintiff or the children, or both, if the court finds that the defendant has abused the plaintiff, and: (A) there is a danger of further abuse; or (B) the defendant is currently incarcerated and has been convicted of one of the following: murder, attempted murder, kidnapping, domestic assault, aggravated domestic...

Effective: 2001-02-02

Virginia prohibited possessor handgun and long gun Restrictive

VA1062 — erpo

Citation: 2020 VA H.B. 674 § 18.2-308.1:6

§ 18.2-308.1:6. Purchase, possession, or transportation of firearms by persons subject to substantial risk orders; penalty.

Effective: 2020-04-08