A. It shall be unlawful for any person involuntarily committed pursuant to [a temporary detention order] to purchase, possess or transport a firearm during the period of such person's commitment. A violation of this subsection shall be punishable as a Class 1 misdemeanor.Let's do a plain reading analysis on that. You can't buy or have a firearm while you are being temporarily detained in order to check your mental state.
Personally, I am very hopeful that my friendly local mental health clinic isn't allowing arms dealers to come in and hand out free samples. This does not make much sense.
The key word here is "during", which sets out a clear time period within which it is illegal to buy or possess a firearm.
During - 1 : throughout the duration of
Now let's look at part B of the statute
B. Any person prohibited from purchasing, possessing or transporting firearms under this section may, at any time following his release from commitment, petition the circuit court in the city or county in which he resides to restore his right to purchase, possess or transport a firearm. The court may, in its discretion and for good cause shown, grant the petition.BUT AFTER HE HAS FINISHED HIS COMMITMENT HE'S NOT FORBIDDEN TO BUY OR HAVE A FIREARM.
Y'know, I get that the members of the General Assembly probably don't have the time to read every statute they vote on. But what the heck are they paying their staffers for? Somebody had to advise the Delegates and Senators that this law made sense and they should vote for it.
If anybody knows a Virginia legislator ask him to please fix this.
