Local law-enforcement agencies; firearm give-back or sell-back programs., the official text

2026 RECONVENED SESSION
REENROLLED
VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact § 15.2-915.5 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 15.2-915.6, relating to local law-enforcement agencies; firearm give-back or sell-back programs.
[H 702]
Approved

Be it enacted by the General Assembly of Virginia:
1. That § 15.2-915.5 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 15.2-915.6 as follows:
§ 15.2-915.5. Disposition of firearms acquired by local law-enforcement agencies or localities.
A. No locality or agent of such locality may participate in any program in which individuals are given a thing of value provided by another individual or other entity in exchange for surrendering a firearm to the locality or agent of such locality unless the governing body of the locality has enacted an ordinance, pursuant to § 15.2-1425, authorizing the participation of the locality or agent of such locality in such program.
B. Any [ordinance] [enacted] [pursuant] [to] [this] [section] [shall] [require] [that] [any] firearm received[,] [except] [a] [firearm] [of] [the] [type] [defined] [in] [§ 18.2-288] [or] [18.2-299] [or] [a] [firearm] [the] [transfer] [for] [which] [is] [prohibited] [by] [federal] [law,] as part of a firearm give-back or sell-back program as authorized by § 15.2-915.6 shall be destroyed by the local law-enforcement agency or locality [unless] [the] [person] [surrendering] [the] [firearm] [requests] [in] [writing] [that] [the] [firearm] [be] [offered] [for] [sale] [by] [public] [auction] [or] [sealed] [bids] [to] [a] [person] [licensed] [as] [a] [dealer] [pursuant] [to] [18] [U.S.C.] [§] [921] [et] [seq.] [Notice] [of] [the] [date,] [time,] [and] [place] [of] [any] [sale] [conducted] [pursuant] [to] [this] [subsection] [shall] [be] [given] [by] [advertisement] [in] [at] [least] [two] [newspapers] [published] [and] [having] [general] [circulation] [in] [the] [Commonwealth,] [at] [least] [one] [of] [which] [shall] [have] [general] [circulation] [in] [the] [locality] [in] [which] [the] [property] [to] [be] [sold] [is] [located.] [At] [least] [30] [days] [shall] [elapse] [between] [publication] [of] [the] [notice] [and] [the] [auction] [or] [the] [date] [on] [which] [sealed] [bids] [will] [be] [opened.] [Any] [firearm] [remaining] [in] [possession] [of] [the] [locality] [or] [agent] [of] [the] [locality] [after] [attempts] [to] [sell] [at] [public] [auction] [or] [by] [sealed] [bids] [shall] [be] [disposed] [of] [in] [a] [manner] [the] [locality] [deems] [proper,] [which] [may] [include] [destruction] [of] [the] [firearm] [or,] [subject] [to] [any] [registration] [requirements] [of] [federal] [law,] [sale] [of] [the] [firearm] [to] [a] [licensed] [dealer].
§ 15.2-915.6. Firearm give-back or sell-back programs; report.
A. For purposes of this section:
"Antique firearm" means the same as that term is defined in subsection F of § 18.2-308.2:2.
"Destroyed" means permanently rendering a firearm inoperable through approved mechanical means, including melting, shredding, or crushing, so that it cannot be restored.
"Historically significant firearm" means any firearm that (i) is at least 40 years old; (ii) is not an antique firearm; and (iii) possesses historical, collector, or educational value.
B. Each county or city law-enforcement agency shall and any town law-enforcement agency may develop policies and procedures to implement either a firearm give-back program or a firearm sell-back program by January 1, 2028, and annually thereafter. Such policies shall:
1. Designate when and where a person may voluntarily return a firearm via a firearm give-back or sell-back program;
2. Require that any firearm voluntarily returned under such a program be subjected to forensic testing and, if such firearm is determined to have been used in the commission of a crime, that such firearm may be retained by the receiving law-enforcement agency for use as evidence;
3. Require that any firearm voluntarily returned under such a program be returned to the original owner as provided in § 52-25.1 if such firearm is determined to be lost or stolen;
4. Require that any firearm voluntarily returned under such a program be destroyed within 90 days after a determination that such firearm is not evidence and is not required for prosecution;
5. Exempt any antique firearm or historically significant firearm, whether operable or inoperable, from mandatory destruction and provide for donation to a museum, historical society, or educational institution, or transfer to a federally licensed firearms dealer for sale or auction; however, if no museum, historical society, educational institution, or federally licensed firearms dealer agrees to accept such antique firearm or historically significant firearm, the firearm shall be destroyed within 180 days after it has been determined that such firearm is not evidence and is not required for prosecution; and
6. Require that the identity of any person who surrenders a firearm be kept confidential.
B. All local law-enforcement agencies adopting a program pursuant to this section shall submit an annual report to the Department of State Police that includes the number of firearms received through the implemented program. Any proceeds that may be generated from the sale or auction of a returned firearm shall be deposited into the locality's general fund or used solely for the administration of the locality's firearm give-back program or firearm sell-back program.