The answer depends on which type of order you are dealing with. An emergency or preliminary protective order limits your ability to purchase, transport or carry a concealed firearm, but a final protective order goes much further.
If a court has issued a final protective order against you, here is what you need to understand about your obligations and what is at stake if you do not comply.
Virginia gives you 24 hours to act
Under Virginia law, once you are served with a final protective order, you have 24 hours to choose one of three options:
- Surrender your firearms to a designated local law enforcement agency.
- Sell or transfer them to a licensed dealer.
- Transfer them to someone who is legally permitted to possess firearms and does not live in your household.
Within 48 hours, you must certify in writing to the court clerk that you no longer possess any firearms. If you have a concealed handgun permit, you must surrender it to the court for the duration of the order.
Violations can result in state and federal charges
Keeping a firearm while subject to a final protective order is a Class 6 felony under Virginia law, carrying up to five years in prison. Missing the 48-hour certification deadline can result in contempt of court.
Beyond Virginia’s restrictions, possessing a firearm while subject to a qualifying domestic relations protective order is also a federal felony. Most final protective orders in Virginia meet the federal standard, meaning the same conduct can be prosecuted under both state and federal law simultaneously.
What happens to your firearms after the order expires
Surrendering your firearms is not permanent. When the protective order expires or a court dissolves it, you can request the return of any firearms you surrendered to law enforcement. Virginia law requires the agency to return them within five days of receiving your written request and a copy of the original receipt.
If you sold or transferred your firearms during the order period, recovering them depends entirely on the arrangements you made with the buyer or transferee.
If you are facing these charges, act quickly
Whether you are trying to understand what the protective order requires before you do anything, or you are already facing charges for a violation, the time to get legal help is now. A protective order can quickly become a criminal matter, and what happens in family court can affect your criminal case and vice versa.
A lawyer with experience in both criminal defense and Virginia family law can help you understand your obligations, protect your rights and address any charges before they escalate.
