Virginia Senate weighs Favola’s bill to strengthen firearm surrender rules for banned individuals

State Sen. Barbara A. Favola is the patron of a bill introduced to the Virginia State Senate, aiming to make relinquishment procedures for firearms by prohibited persons stricter and more explicit.

The measure, officially designated as SB38 and submitted Jan. 14, 2026, in the 2026 regular session, carries the formal summary: “Firearms; transfers to another person from a prohibited person.”

Our summary below is based on the text of the bill and includes clarifications for easier understanding.

Essentially, the legislation increases regulations for individuals who are banned from firearm possession due to protective orders or domestic assault convictions, outlining how they must surrender guns and show compliance. It specifies that allowed transfers are limited to law enforcement, licensed firearms dealers, or private individuals who are at least 21, lawfully eligible for firearms, and not cohabitating with the surrendering party. Under the bill, proof of surrender or transfer must be certified in writing, receipts and retrieval options are mandated for stored firearms, agencies can dispose of unclaimed weapons after 120 days, and law-enforcement officers receive immunity for damage, loss, or theft of guns in storage.

Sen. Barbara A. Favola (Democrat-40th District) is the sole sponsor of this bill.

With the start of the current session, Favola has also introduced 18 additional bills.

She received her Bachelor of Science from Saint Joseph College in 1977.

Favola was elected in 2024 as a Democrat representing Virginia’s 40th Senate district, succeeding former senator Todd Pillion.

In Virginia, the legislative process starts with a bill’s introduction in either the House of Delegates or the Senate. It is reviewed in one or more committees, where it may be amended. Upon committee approval, it moves to debate and voting on the chamber floor. Passage in both legislative bodies sends the proposal to the governor, who can approve it, veto it, or let it take effect without signing. The Virginia General Assembly opens regular sessions every year on the second Monday in January. Lawmakers submit hundreds of bills each session, but only some are ultimately enacted.