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prohibited possessor Laws Law Intelligence Hub

243 Records • Page 7 of 7
Virginia prohibited possessor handgun and long gun Restrictive

VA1031 — dvro

Citation: Va. Code Ann. § 18.2-308.1:4

B. In addition to the prohibition set forth in subsection A, it is unlawful for any person who is subject to a protective order entered pursuant to § 16.1-279.1 or an order issued by a tribunal of another state, the United States or any of its territories, possessions, or commonwealths, or the District of Columbia pursuant to a statute that is substantially similar to § 16.1-279.1 to knowingly possess any firearm...

Effective: 2016-02-22
Virginia prohibited possessor handgun and long gun Restrictive

VA1030 — mental health : committed to mh facility : outpatient

Citation: VA Code Ann. § 18.2-308.1:3

A. It shall be unlawful for any person (i) involuntarily admitted to a facility or ordered to mandatory outpatient treatment pursuant to § 19.2-169.2, (ii) involuntarily admitted to a facility or ordered to mandatory outpatient treatment as the result of a commitment hearing pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2, (iii) involuntarily admitted to a facility or ordered to mandatory...

Effective: 2008-07-01
Virginia prohibited possessor handgun and long gun Restrictive

VA1029 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: VA Code Ann. § 18.2-308.1:2(A)

It shall be unlawful for any person who has been adjudicated (i) legally incompetent pursuant to former § 37.1-128.02 or former § 37.1-134, (ii) mentally incapacitated pursuant to former § 37.1-128.1 or former § 37.1-132, or (iii) incapacitated pursuant to Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2 to purchase, possess, or transport any firearm.

Effective: 1994-07-01
Virginia prohibited possessor handgun and long gun Restrictive

VA1076 — dvro ex parte

Citation: VA ST § 18.2-308.1:4 (a-c)

§ 18.2-308.1:4. Purchase or transportation of firearm by persons subject to protective orders; penalty. A. It shall be unlawful for any person who is subject to a protective order entered pursuant to §§ 16.1-253.1, 16.1-253.4, or § 16.1-279.1 or to an order entered pursuant to subsection E of § 18.2-60.3 to purchase or transport any firearm while the order is in effect.

Effective: 1994-07-01
Virginia prohibited possessor handgun and long gun Restrictive

VA1028 — mental health : committed to mh facility

Citation: VA Code Ann. § 18.2-308.1:1

It shall be unlawful for any person acquitted by reason of insanity and committed to the custody of the Commissioner of Behavioral Health and Developmental Services, pursuant to Chapter 11.1 (§ 19.2-182.2 et seq.) of Title 19.2, on a charge of treason, any felony or any offense punishable as a misdemeanor under Title 54.1 or a Class 1 or Class 2 misdemeanor under this title, except those misdemeanor violations of...

Effective: 1990-07-01 Superseded: 2008-07-01
Washington prohibited possessor handgun and long gun Restrictive

WA1029 — erpo : ex parte expanded

Citation: Wash. Stat. § 7.105.100 (recodified eff. July 1, 2022 by Laws 2021, ch. 215, §170 from Rev. Code Wash. § 7.94.030(1))

There shall exist an action known as a petition for an extreme risk protection order. (1) A petition for an extreme risk protection order may be filed by (a) a family or household member of the respondent or (b) a law enforcement officer or agency. .....

Effective: 2016-12-08
Washington prohibited possessor handgun and long gun Restrictive

WA1028 — dvro : expanded

Citation: Wash. Rev. Code Ann. § 9.41.040(2)(a)

(1)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm after having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any serious offense as defined in this chapter.

Effective: 2014-03-28
Washington prohibited possessor handgun and long gun Restrictive

WA1027 — mental health : committed to mh facility

Citation: RCWA 9.41.047

At the time a person is convicted or found not guilty by reason of insanity of an offense making the person ineligible to possess a firearm...the convicting or committing court shall notify the person, orally and in writing, that the person must immediately surrender any concealed pistol license and that the person may not possess a firearm.

Effective: 2005-07-24
Washington prohibited possessor handgun and long gun Restrictive

WA1080 — not RAND violent misdemeanor

Citation: Wash. Rev. Code § 9.41.040 (1) (a) (D)

(1)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, accesses, has in the person's custody, control, or possession, or receives any firearm after having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any serious offense.

Effective: 1996-06-06
Washington prohibited possessor handgun and long gun Restrictive

WA1025 — dvro

Citation: Wash. Rev. Code Ann. § 9.41.800(6)

(1) Any court when entering an order authorized under chapter 7.92 RCW, RCW 7.90.090, 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, * 26.26.130, 26.50.060, 26.50.070, or * 26.26.590 shall, upon a showing by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a felony, or previously committed any...

Effective: 1994-03-11 Superseded: 2014-03-28
Washington prohibited possessor handgun and long gun Restrictive

WA1026 — mental health : committed to mh facility

Citation: RCWA 9.41.047

At the time a person...is committed by court order under RCW 71.05.240, 71.05.320, 71.34.740, 71.34.750, or chapter 10.77 RCW for mental health treatment, the convicting or committing court shall notify the person, orally and in writing, that the person must immediately surrender any concealed pistol license and that the person may not possess a firearm

Effective: 1994-07-01 Superseded: 2005-07-24
Washington prohibited possessor handgun and long gun Restrictive

WA1078 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: Wash. Stat. § 9.41.040 (1) (2a)

(1)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, accesses, has in the person's custody, control, or possession, or receives any firearm after having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any serious offense.

Effective: 1994-07-01
Washington prohibited possessor handgun and long gun Restrictive

WA1079 — dvro ex parte : expanded

Citation: RCW 9.41.800

(1) Any court when entering an order authorized under chapter 7.105 RCW, RCW 9A.46.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.26B.020, or 26.26A.470 shall, upon a showing by a preponderance of the evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a felony, or is ineligible to possess a firearm under the provisions of RCW 9.41.040: (a) Require that the...

Effective: 1994-07-01
Washington prohibited possessor handgun Restrictive

WA1077 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: Wash. Stat. § 9.41.040 (1) (2a)

(1)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a short firearm or pistol in the first degree, if the person owns, accesses, has in the person's custody, control, or possession, or receives any firearm after having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any serious offense.

Effective: 1992-06-11
West Virginia prohibited possessor handgun and long gun Restrictive

WV1026 — dvro : expanded

Citation: W. Va. Code §§ 48-27-204; 502

204: “Family or household members” means persons who: (1) Are or were married to each other; (2) Are or were living together as spouses; (3) Are or were sexual or intimate partners; (4) Are or were dating: Provided, That a casual acquaintance or ordinary fraternization between persons in a business or social context does not establish a dating relationship; (5) Are or were residing together in the same household;...

Effective: 2001-09-01
West Virginia prohibited possessor handgun and long gun Restrictive

WV1027 — dvro ex parte : expanded

Citation: W. Va. Code §§ 53-8-7(d)(1)(F), 48-207-204(4), 48-27-403

53-8-7(d)(1)(F): The court, in its discretion, may prohibit a respondent from possessing a firearm as defined in section seven, article seven, chapter sixty-one of this code if: (i) A weapon was used or threatened to be used in the commission of the offense predicating the petitioning for the personal safety order; (ii) The respondent has violated any prior order as specified under this article; or (iii) The...

Effective: 2001-04-14
West Virginia prohibited possessor handgun and long gun Restrictive

WV1025 — dvro

Citation: W. Va. Code, § 61-7-7(a)(7), (8)

Except as provided in this section, no person shall possess a firearm, as such is defined in section two of this article, who: (7) Is subject to a domestic violence protective order that: (A) Was issued after a hearing of which such person received actual notice and at which such person had an opportunity to participate; (B) Restrains such person from harassing, stalking or threatening an intimate partner of such...

Effective: 2000-01-08 Superseded: 2001-09-01
West Virginia prohibited possessor handgun and long gun Restrictive

WV1023 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: W. Va. Code § 61-7-7(a)

Except as provided in this section, no person shall possess a firearm, as such is defined in section two of this article, who: (4) Has been adjudicated to be mentally incompetent or who has been involuntarily committed to a mental institution pursuant to the provisions of chapter twenty-seven of this code or in similar law of another jurisdiction.

Effective: 1989-07-07
West Virginia prohibited possessor handgun and long gun Restrictive

WV1024 — mental health : committed to mh facility

Citation: W. Va. Code § 61-7-7(a)

Except as provided in this section, no person shall possess a firearm, as such is defined in section two of this article, who: (4) Has been adjudicated to be mentally incompetent or who has been involuntarily committed to a mental institution pursuant to the provisions of chapter twenty-seven of this code or in similar law of another jurisdiction.

Effective: 1989-07-07
Wisconsin prohibited possessor handgun and long gun Restrictive

WI1032 — mental health : committed to mh facility

Citation: W.S.A. 54.10 (3f)

If the court appoints a guardian of the person under this subsection, the court shall determine if, under 18 USC 922(g)(4), the individual is prohibited from possessing a firearm. If the individual is prohibited, the court shall order the individual not to possess a firearm, order the seizure of any firearm owned by the individual, and inform the individual of the requirements and penalties under s.

Effective: 2010-05-07
Wisconsin prohibited possessor handgun and long gun Restrictive

WI1033 — mental health : committed to mh facility

Citation: W.S.A. 55.12

(2) Subject to s. 46.279, protective placement may be made to nursing homes, public medical institutions, centers for the developmentally disabled under the requirements of s. 51.06(3), foster care services or other home placements, or to other appropriate facilities...(10)(a) If a court orders protective services or protective placement of an individual under this section and if an order has not been made under s.

Effective: 2010-07-01
Wisconsin prohibited possessor handgun and long gun Restrictive

WI1064 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: W.S.A. 941.29

(1m) A person who possesses a firearm is guilty of a Class G felony if any of the following applies: (e) The person has been committed for treatment under s. 51.20(13)(a) and is subject to an order not to possess a firearm under s. 51.20(13)(cv) 1., 2007 stats.

Effective: 2007-11-26
Wisconsin prohibited possessor handgun and long gun Restrictive

WI1031 — dvro ex parte : expanded

Citation: Wis. Stat. § 813.12(ag)

(1)(ag): “Dating relationship” means a romantic or intimate social relationship between 2 adult individuals but “dating relationship” does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.

Effective: 2002-04-10
Wisconsin prohibited possessor handgun and long gun Restrictive

WI1030 — dvro ex parte

Citation: Wis. Stat. § 813.12(4m)

2. ...require the respondent to surrender any firearms that he or she owns or has in his or her possession to the sheriff of the county in which the action under this section was commenced, to the sheriff of the county in which the respondent resides or to another person designated by the respondent and approved by the judge or family court commissioner.

Effective: 1996-04-01 Superseded: 2002-04-10
Wisconsin prohibited possessor handgun and long gun Restrictive

WI1029 — mental health : committed to mh facility

Citation: W.S.A. 51.20 (13)

d. Whether the victim suffered from a mental illness or mental deficiency that rendered him or her temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions. If the court makes the disposition under par.

Effective: 1994-04-06 Superseded: 2010-05-07
Wyoming prohibited possessor handgun and long gun Restrictive

WY1022 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: W.S.1977 § 6-8-404(c)

To possess a firearm covered by this section a person shall: (ii) Not currently be adjudicated to be legally incompetent; and (iii) Not have been committed to a mental institution.

Effective: 2010-03-11
Wyoming prohibited possessor handgun and long gun Restrictive

WY1023 — mental health : committed to mh facility

Citation: W.S.1977 § 6-8-404(c)

To possess a firearm covered by this section a person shall: (ii) Not currently be adjudicated to be legally incompetent; and (iii) Not have been committed to a mental institution.

Effective: 2010-03-11