Coates, Battle & Tyree | Attorneys At Law
Schedule Your Consultation: 804-729-5537
  • Home
  • Practice Areas
    • Criminal Defense
    • Family Law
    • Personal Injury
    • DUI/DWI
    • General Civil Litigation
    • Business & Corporate Law
    • Cannabis Regulation
    • Estate Planning
  • Attorneys
    • Thomas F. Coates, III
    • Benjamin S. Tyree
    • John C. Moore
    • Bruin S. Richardson, III
    • Veronica L. Allen
    • Matthew M. Gravens
    • Katherine Coleman
    • Sabina Thaler
  • Blog
  • Media
  • Contact
  • Pay Your Bill
Coates, Battle & Tyree | Attorneys At Law
Call: 804-729-5537
  • Home
  • Practice Areas
    • Criminal Defense
    • Family Law
    • Personal Injury
    • DUI/DWI
    • General Civil Litigation
    • Business & Corporate Law
    • Cannabis Regulation
    • Estate Planning
  • Attorneys
    • Thomas F. Coates, III
    • Benjamin S. Tyree
    • John C. Moore
    • Bruin S. Richardson, III
    • Veronica L. Allen
    • Matthew M. Gravens
    • Katherine Coleman
    • Sabina Thaler
  • Blog
  • Media
  • Contact
  • Pay Your Bill
Five Decades Of Legal Excellence
  1. Home
  2.  » 
  3. Criminal Defense
  4.  » 
  5. Can you keep your firearms after a protective order in Virginia?

Can you keep your firearms after a protective order in Virginia?

On Behalf of Coates, Battle & Tyree | Jul 22, 2026 | Criminal Defense

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.

 

Recent Posts

  • Can you keep your firearms after a protective order in Virginia?
  • 4 things you should consider when creating a parenting plan
  • An unrecalled product injured me. What now?
  • 3 valuable inclusions in vendor contracts
  • How do the courts split marital property in Virginia?

Categories

  • Bankruptcy
  • Blog
  • Business Law
  • Child Custody & Parenting Plans
  • Criminal Defense
  • Estate Planning
  • Firm News
  • High Asset Divorce
  • Personal Injury
  • Uncategorized

Archives

  • July 2026
  • September 2025
  • June 2025
  • March 2025
  • December 2024
  • September 2024
  • June 2024
  • May 2024
  • December 2023
  • November 2023
  • October 2023
  • December 2022
  • September 2022
  • July 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017

RSS Feed

Subscribe To This Blog’s Feed

Over 100 years of combined legal experience overcoming criminal defense and family law challenges.

How Can Coates, Battle & Tyree​ Help?

Call to schedule a confidential consultation, or fill out the form below to send us an email.
Coates, Battle & Tyree | Attorneys At Law

Office Location

5206 Markel Road
Suite 200
Richmond, VA 23230

Richmond Office Location

Coates, Battle & Tyree | Attorneys At Law
  • Follow
  • Follow
  • Follow
Review Us

Connect With Us

Phone:
 804-729-5537

  • Follow
  • Follow
  • Follow
Review Us

© 2026 Coates, Battle & Tyree • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw