Virginia Gun Laws

Virginia generally prohibits carrying a pistol, revolver, or other listed weapon hidden from common observation about the person. A valid Virginia or recognized out-of-state concealed handgun permit is an affirmative defense. First offense is a Class 1 misdemeanor; second is a Class 6 felony; third is a Class 5 felony.

"If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material... he is guilty of a Class 1 misdemeanor."

Va. Code § 18.2-308 statute

A Virginia resident 21 or older may apply in writing to the clerk of the circuit court of the county or city in which the person resides for a five-year Concealed Handgun Permit. There is no minimum residency period. The applicant must demonstrate handgun competence through one of nine listed methods (hunter-safety, NRA/USCCA course, military service, prior license, certified-instructor course, etc.).

"Any person 21 years of age or older may apply in writing to the clerk of the circuit court of the county or city in which he resides, or if he is a member of the United States Armed Forces, the county or city in which he is domiciled, for a five-year permit to carry a concealed handgun."

Va. Code § 18.2-308.02 statute

Statutory fees for a Concealed Handgun Permit are capped at $50 total: a $10 clerk processing fee, up to $35 for the law-enforcement background investigation, and up to $5 for the State Police records check. Retired law-enforcement officers and certain specified public employees are exempt.

"The total amount assessed for processing an application for a permit shall not exceed $50, with such fees to be paid in one sum to the person who receives the application."

Va. Code § 18.2-308.03 statute

The Virginia State Police website confirms that resident Concealed Handgun Permits are issued by the circuit court of the county or city in which the applicant resides; nonresident permits are issued by the State Police under § 18.2-308.06.

"Virginia Resident Concealed Handgun Permits are issued by the circuit court of the county or city in which the applicant resides."

Virginia State Police — Concealed Handgun Permits (Resident) ag

Nonresidents 21 or older may apply directly to the Virginia Department of State Police for a five-year nonresident Concealed Handgun Permit. The applicant must submit a photo ID, two photographs, fingerprints for a state and FBI criminal history check, and proof of handgun competence via one of nine listed methods. The State Police may charge a fee up to $100.

"Nonresidents of the Commonwealth 21 years of age or older may apply in writing to the Virginia Department of State Police for a five-year permit to carry a concealed handgun."

Va. Code § 18.2-308.06 statute

Virginia has no statute restricting open (non-concealed) carry of a handgun by adults. § 18.2-308.7 makes it unlawful for any person under 18 years of age to knowingly and intentionally possess or transport a handgun or assault firearm anywhere in the Commonwealth, with exceptions for at-home use, supervised range/instruction, hunting, and military service. The functional effect is permitless open carry at age 18+ (subject to localized loaded-firearm restrictions under § 18.2-287.4 and other place-based bans).

"It shall be unlawful for any person under 18 years of age to knowingly and intentionally possess or transport a handgun or assault firearm anywhere in the Commonwealth."

Va. Code § 18.2-308.7 statute

In specified Northern Virginia and Tidewater jurisdictions (cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, and Virginia Beach; counties of Arlington, Fairfax, Henrico, Loudoun, and Prince William), it is a Class 1 misdemeanor to carry a loaded semi-automatic center-fire rifle/pistol with a magazine over 20 rounds, a silencer-capable design, or a folding stock, or a shotgun with a magazine over 7 rounds, on a public street, sidewalk, or public park. CHP holders, law enforcement, and lawful hunters/range users are exempt.

"It shall be unlawful for any person to carry a loaded (a) semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (b) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public."

Va. Code § 18.2-287.4 statute

Virginia's motor-vehicle exception allows any person who may lawfully possess a firearm to carry a handgun while in a personal, private motor vehicle or vessel if the handgun is secured in a container or compartment in the vehicle or vessel. The Virginia State Police, citing OAG Opinion 11-111, confirms that 'secured' does NOT require the compartment to be locked — a glove box, console, or center console satisfies the requirement.

"Any person who may lawfully possess a firearm and is carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel."

Va. Code § 18.2-308(C)(8) statute

The Virginia State Police confirms that a concealed handgun permit is not necessary when carrying a handgun in a personal, private motor vehicle if the handgun is secured in a container or compartment, and that 'secured' does not require the compartment to be locked, citing Attorney General Opinion 11-111.

"A concealed handgun permit is not necessary when carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel. The term 'secured' as used does not require the compartment to be locked. OAG opinion 11-111."

Virginia State Police — Transporting Firearms through Virginia ag

Virginia has no statewide statute prohibiting private employers from banning firearms in their parking lots. § 15.2-915 generally preempts local firearm regulation but expressly authorizes localities to require that an employee storing a lawfully possessed firearm in a locked private motor vehicle parked at the locality's workplace be permitted to do so. There is no parallel statewide protection requiring private employers to allow employee parking-lot storage.

"No locality shall adopt or enforce any ordinance, resolution, or motion... governing the purchase, possession, transfer, ownership, carrying, storage, or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute."

Va. Code § 15.2-915 (preemption with employer/parking exception) statute

A valid concealed handgun or concealed weapon permit or license issued by any other state authorizes its holder to carry a concealed handgun in Virginia if four conditions are met: the holder is at least 21 years of age; the issuing state provides instantaneous verification accessible 24 hours a day if available; the holder carries a government-issued photo ID and displays both on demand of a law-enforcement officer; and the holder has not previously had a Virginia CHP revoked.

"A person who has a concealed handgun permit issued by another state shall be authorized to carry a concealed handgun in the Commonwealth, provided (i) the issuing authority provides the means for instantaneous verification... (ii) the person is at least 21 years of age, (iii) the person carries a photo identification."

Va. Code § 18.2-308.014 statute

Per the Virginia State Police, if the conditions of § 18.2-308.014 are met, Virginia recognizes a concealed handgun or weapons permit from every U.S. state (all 50), the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands. Whether other states honor a Virginia CHP is determined by each state's own law; the VSP recommends checking with the destination state before traveling.

"Although the law requires Virginia to grant recognition to all states that issue permits, those states may not authorize Virginia permit holders to possess a firearm in their state. Prior to traveling members of the public should contact a representative of the state they intend to travel through."

Virginia State Police — Reciprocity and Recognition ag

Virginia has no codified castle doctrine. Castle doctrine and stand-your-ground principles are recognized as common law: a person who is without fault in provoking a confrontation has no duty to retreat before using deadly force in self-defense, and a person attacked in their own home may use deadly force to repel an unlawful intruder when the person reasonably fears death or serious bodily injury. The Virginia Supreme Court has affirmed both principles in the Foote/Fortune line of cases.

"Castle doctrine and stand-your-ground are recognized in Virginia common law rather than statute."

Virginia common law (uncodified) — Foote v. Commonwealth, 172 Va. 553 (1939); Fortune v. Commonwealth, 133 Va. 669 secondary

Virginia is a stand-your-ground state by common law rather than by statute. A person who is without fault in provoking the confrontation and who reasonably believes they are in imminent danger of death or great bodily harm has no duty to retreat before using force, including deadly force. There is no statutory immunity provision.

"A person who is without fault has no duty to retreat before using force in self-defense (Virginia common-law rule)."

Virginia common law (uncodified) secondary

Virginia law does not impose a general duty to proactively inform a law-enforcement officer that you are armed during a traffic stop. A concealed handgun permit holder must carry the permit at all times while carrying concealed and must display the permit and a photo ID on demand of a law-enforcement officer (§ 18.2-308.01); failure to display is a $25 civil penalty, not a criminal offense.

"A person who carries a concealed handgun onto the premises of any restaurant or club... shall have such permit on his person at all times during which he is carrying such handgun, and shall display the permit and a photo identification issued by a government agency of the Commonwealth or by the U.S. Department of Defense or U.S. State Department on demand by a law-enforcement officer."

Va. Code §§ 18.2-308 and 18.2-308.01 (no general disclosure duty) statute

Possessing a firearm on the property — including buildings, grounds, buses, or school-sponsored activities — of any public, private, or religious elementary, middle, or high school is a Class 6 felony. Brandishing or threatening with a firearm in a school building carries a 5-year mandatory minimum. Narrow exceptions exist for law enforcement, school personnel authorized in writing, and concealed-handgun-permit holders who leave the firearm secured in a vehicle.

"If any person possesses any firearm designed or intended to expel a projectile by action of an explosion of a combustible material while such person is upon (i) any public, private, or religious elementary, middle, or high school... he shall be guilty of a Class 6 felony."

Va. Code § 18.2-308.1 statute

Possessing or transporting any gun, ammunition, frame, receiver, silencer, or other listed dangerous weapon into a Virginia courthouse is a Class 1 misdemeanor; the weapon is subject to seizure. Law-enforcement officers, judges, sheriffs, court officers, magistrates, and other officials acting in their official capacity are exempt.

"It shall be unlawful for any person to possess in or transport into any courthouse in this Commonwealth any (i) gun or other weapon designed or intended to propel a missile or projectile of any kind."

Va. Code § 18.2-283.1 statute

Carrying a gun, pistol, bowie knife, dagger, or other dangerous weapon, without good and sufficient reason, into a place of religious worship while a meeting for religious purposes is being held is a Class 4 misdemeanor.

"If any person carry any gun, pistol, bowie knife, dagger or other dangerous weapon, without good and sufficient reason, to a place of worship while a meeting for religious purposes is being held at such place he shall be guilty of a Class 4 misdemeanor."

Va. Code § 18.2-283 statute

Possessing or transporting any gun, ammunition, silencer, or other dangerous weapon into an air carrier airport terminal is a Class 1 misdemeanor, with the weapon forfeitable to the Commonwealth. Limited exceptions apply for airline passengers transporting firearms for checked-baggage purposes consistent with TSA rules, and for law-enforcement and authorized airport personnel.

"It shall be unlawful for any person to possess or transport into any air carrier airport terminal in the Commonwealth any (i) gun or other weapon designed or intended to propel a missile or projectile of any kind."

Va. Code § 18.2-287.01 statute

It is unlawful to knowingly possess any firearm as defined in § 18.2-308.2:2 within 40 feet of any building (or part thereof) used as a polling place during voting hours. Exceptions apply for law-enforcement officers, persons on their own private property within the zone, and licensed armed security officers performing employment duties.

"to knowingly possess any firearm as defined in § 18.2-308.2:2 within 40 feet of any building, or part thereof, used as a polling place."

Va. Code § 24.2-604(A)(iv) statute

A Concealed Handgun Permit holder who carries while under the influence of alcohol or illegal drugs in a public place is guilty of a Class 1 misdemeanor; conviction triggers permit revocation and a 5-year reapplication bar. A permit holder may carry a concealed handgun into a restaurant or club licensed for on-premises alcohol consumption, but may not consume an alcoholic beverage on the premises (Class 2 misdemeanor).

"Any person permitted to carry a concealed handgun who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place is guilty of a Class 1 misdemeanor."

Va. Code § 18.2-308.012 statute

Virginia requires a criminal history record information check for private firearm transfers. Since 2020, no person may sell a firearm for money, goods, services, or anything of value without first obtaining verification from a licensed dealer that the prospective purchaser has been submitted for a NICS/State Police check. The dealer may charge up to $15. Knowing violation (by seller or buyer) is a Class 1 misdemeanor.

"No person shall sell a firearm for money, goods, services or anything else of value unless he has obtained verification from a licensed dealer in firearms that information on the prospective purchaser has been submitted for a criminal history record information check."

Va. Code § 18.2-308.2:5 statute

Virginia firearm dealers must obtain the purchaser's consent to a Virginia State Police criminal history record information check before transferring any firearm. The same statute reinstated the one-handgun-per-30-day limit in 2020 (Subsection R): a non-licensed person may not purchase more than one handgun within any 30-day period, with exceptions for trade-ins, replacement of lost/stolen handguns, private-seller purchases, and Enhanced Permit holders.

"Except as provided in subdivisions 1 and 2, it shall be unlawful for any person who is not a licensed firearms dealer to purchase more than one handgun within any 30-day period."

Va. Code § 18.2-308.2:2 statute

Federal law sets the minimum purchase age from a licensed dealer at 21 for handguns and 18 for long guns. Virginia does not raise these minimums for federal-firearms-licensed sales. State law (§ 18.2-308.7) separately makes it unlawful for a person under 18 to knowingly and intentionally possess or transport a handgun, with exceptions for at-home, supervised range/instruction, hunting, and military service.

"A licensee may not sell a handgun to anyone under the age of 21. A licensee may not sell a long gun to anyone under the age of 18."

18 U.S.C. § 922(b)(1) (federal) / Va. Code § 18.2-308.7 (state minor possession) atf

Virginia does not require general firearm registration. The only state firearm registration requirement is for machine guns under § 18.2-295. Handguns, long guns, and other ordinary firearms are not registered with the Commonwealth.

"Every machine gun in this Commonwealth shall be registered with the Department of State Police."

Va. Code § 18.2-295 (machine guns) / no general registry statute

Virginia enacted an extreme risk protection order law (called a 'substantial risk order') in 2020 (Acts 2020, cc. 887/888). An attorney for the Commonwealth or a law-enforcement officer who has conducted an independent investigation may petition a circuit court for an emergency order (14 days), which can be followed by a full substantial risk order after a hearing (up to 180 days, renewable). The order prohibits the respondent from purchasing, possessing, or transporting a firearm and requires surrender of any concealed handgun permit.

"the court may issue an ex parte emergency substantial risk order... prohibiting the person who is subject to the order from purchasing, possessing, or transporting a firearm."

Va. Code §§ 19.2-152.13 to 19.2-152.17 (Chapter 9.2 of Title 19.2 — Substantial Risk Orders) statute

Acts of Assembly 2020 Chapters 887 (HB 674) and 888 (SB 240), approved April 8, 2020, created Chapter 9.2 of Title 19.2 (sections 19.2-152.13 through 19.2-152.17), establishing emergency and full substantial risk orders for removing firearms from persons posing a substantial risk of personal injury to themselves or others.

"An Act... by adding in Title 19.2 a chapter numbered 9.2, consisting of sections numbered 19.2-152.13 through 19.2-152.17... relating to firearms; removal from persons posing substantial risk; penalties."

Acts of Assembly 2020, cc. 887 (HB 674) and 888 (SB 240) statute

Virginia has NO general assault-weapons ban. The Code defines 'assault firearm' narrowly (a semi-automatic center-fire rifle/pistol with a magazine over 20 rounds, silencer-capability, or folding stock; or a shotgun with magazine over 7 rounds) only for limited contexts: (1) prohibiting possession by non-citizens not lawfully admitted for permanent residence (§ 18.2-308.2:01), (2) prohibiting possession by persons under 18 (§ 18.2-308.7), and (3) loaded-carry restrictions in 13 named jurisdictions (§ 18.2-287.4). Multiple proposed statewide bans have not been enacted.

"It shall be unlawful for any person who is not a citizen of the United States or who is not a person lawfully admitted for permanent residence to knowingly and intentionally possess or transport any assault firearm."

Va. Code § 18.2-308.2:01 (non-citizen restriction) / no general AWB statute

Virginia imposes no statewide magazine-capacity limit on possession or sale. However, in 13 named Northern Virginia and Tidewater jurisdictions, carrying a loaded semi-automatic center-fire rifle or pistol with a magazine over 20 rounds (or a shotgun with magazine over 7 rounds) in public spaces is a Class 1 misdemeanor, with CHP-holder, law-enforcement, hunting, and range exemptions.

"carry a loaded... semi-automatic center-fire rifle or pistol... equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition."

Va. Code § 18.2-287.4 (loaded-carry restriction in named jurisdictions) statute

Suppressors, short-barreled rifles, short-barreled shotguns, and machine guns are regulated under the federal National Firearms Act and require ATF registration. Virginia does not impose an independent state ban on suppressors or SBRs by lawful possessors.

"The National Firearms Act (NFA) imposes a statutory excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms."

26 U.S.C. ch. 53 (National Firearms Act) / ATF atf

Virginia requires every machine gun within the Commonwealth to be registered with the Department of State Police within 24 hours of acquisition; failure to register is prima facie evidence of unlawful possession. NFA-compliant possessors must comply with both federal and state registration.

"Every machine gun in this Commonwealth shall be registered with the Department of State Police within 24 hours after its acquisition and, thereafter, annually on or before the date of acquisition."

Va. Code § 18.2-295 (machine gun registration) statute

Possession or use of a sawed-off shotgun or sawed-off rifle in the perpetration of a crime of violence is a Class 2 felony; non-aggravated possession is a Class 4 felony. A statutory exception exists for sawed-off firearms possessed in conformity with federal law (the NFA).

"Possession or use of a 'sawed-off' shotgun or 'sawed-off' rifle in the perpetration or attempted perpetration of a crime of violence is a Class 2 felony."

Va. Code § 18.2-300 (sawed-off shotgun/rifle) statute

Virginia generally preempts local firearm regulation but, after 2020 amendments (cc. 1205/1247), expressly allows localities to adopt ordinances prohibiting firearms in (a) any building or part of a building owned or used by the locality for governmental purposes, (b) any public park owned or operated by the locality, (c) any recreation or community center facility operated by the locality, and (d) any public street, road, alley, sidewalk, or other property being used by or adjacent to a permitted event. Localities must post compliant notice. Several Virginia localities (e.g., Richmond, Alexandria, Fairfax County) have enacted such ordinances.

"No locality shall adopt or enforce any ordinance, resolution, or motion... governing the purchase, possession, transfer, ownership, carrying, storage, or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute."

Va. Code § 15.2-915 statute

Localities may not participate in gun buyback programs unless their governing body enacts an authorizing ordinance under § 15.2-1425. Any ordinance must require that firearms received (other than those defined in § 18.2-288 or § 18.2-299 or otherwise federally prohibited) be destroyed unless the surrendering person requests in writing that the firearm be auctioned or sold by sealed bid to a federally licensed dealer.

"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."

Va. Code § 15.2-915.5 statute

Former § 15.2-915.1, which limited locality authority over firearms in workplace parking areas, was repealed by Acts of Assembly 2020, cc. 1205 and 1247, cl. 2, as part of the broader preemption rollback that authorized localities to prohibit firearms in government buildings, parks, and permitted-event areas.

"Repealed by Acts 2020, cc. 1205 and 1247, cl. 2."

Va. Code § 15.2-915.1 (repealed 2020) statute

Approved April 10, 2020, Chapters 1111 (HB 2) and 1112 (SB 70) added § 18.2-308.2:5 to require a criminal history record information check (universal background check) for any sale of a firearm by a non-dealer, with limited exceptions for transfers between immediate family and certain antique transactions.

"An Act... to amend the Code of Virginia by adding a section numbered 18.2-308.2:5, relating to firearm sales; criminal history record information check; penalty."

Acts of Assembly 2020, cc. 1111 (HB 2) and 1112 (SB 70) — universal background check statute

Approved April 8, 2020, Chapters 887 (HB 674) and 888 (SB 240) created Chapter 9.2 of Title 19.2 (sections 19.2-152.13 through 19.2-152.17) establishing the Substantial Risk Order — Virginia's extreme risk protection order (red flag) framework for temporarily removing firearms from persons posing a substantial risk of personal injury to themselves or others.

"An Act... by adding in Title 19.2 a chapter numbered 9.2, consisting of sections numbered 19.2-152.13 through 19.2-152.17... relating to firearms; removal from persons posing substantial risk; penalties."

Acts of Assembly 2020, cc. 887 (HB 674) and 888 (SB 240) — substantial risk order (red flag) statute

Approved April 9, 2020, Chapters 991 (HB 812) and 992 (SB 69) amended § 18.2-308.2:2 to reinstate the one-handgun-per-30-days purchase limit that had been repealed in 2012. A non-licensed person may not purchase more than one handgun within any 30-day period, subject to statutory exceptions.

"An Act to amend and reenact § 18.2-308.2:2 of the Code of Virginia, relating to purchase of handguns; limitation on handgun purchases; penalty."

Acts of Assembly 2020, cc. 991 (HB 812) and 992 (SB 69) — one-handgun-per-30-days statute

Approved April 22, 2020, Chapters 1205 (HB 421) and 1247 (SB 35) amended § 15.2-915 to expressly authorize localities to prohibit firearms in any building used by the locality for governmental purposes, any public park, any recreation or community center facility, and any public street, road, alley, sidewalk, or right-of-way being used by or adjacent to a permitted event. The same act repealed § 15.2-915.1.

"An Act to amend and reenact §§ 15.2-915 and 15.2-915.5 of the Code of Virginia and to repeal § 15.2-915.1 of the Code of Virginia, relating to control of firearms by localities."

Acts of Assembly 2020, cc. 1205 (HB 421) and 1247 (SB 35) — local preemption rollback statute

Effective amendment to § 24.2-604 prohibits knowingly possessing any firearm (as defined in § 18.2-308.2:2) within 40 feet of any building, or part thereof, used as a polling place, during voting hours. Exceptions apply for law-enforcement officers, persons on their own private property, and licensed armed security officers performing employment duties.

Va. Code § 24.2-604(A)(iv)

Acts of Assembly 2020 Chapters 1111 (HB 2) and 1112 (SB 70), approved April 10, 2020, added § 18.2-308.2:5 requiring a criminal history record information check, obtained through a licensed dealer, for any sale of a firearm for value by a non-dealer. Knowing violation is a Class 1 misdemeanor for seller and buyer.

Acts of Assembly 2020, cc. 1111 and 1112

Acts of Assembly 2020 Chapters 887 (HB 674) and 888 (SB 240), approved April 8, 2020, created Chapter 9.2 of Title 19.2 (sections 19.2-152.13 through 19.2-152.17). A Commonwealth's attorney or law-enforcement officer (after independent investigation) may petition a circuit court for an emergency 14-day order, which can be extended after a hearing to a substantial risk order of up to 180 days, renewable.

Acts of Assembly 2020, cc. 887 and 888

Acts of Assembly 2020 Chapters 991 (HB 812) and 992 (SB 69), approved April 9, 2020, amended § 18.2-308.2:2 to reinstate Virginia's one-handgun-per-30-days purchase limit (originally enacted 1993, repealed 2012). A non-licensed person may not purchase more than one handgun within any 30-day period, subject to statutory exceptions.

Acts of Assembly 2020, cc. 991 and 992

Acts of Assembly 2020 Chapters 1205 (HB 421) and 1247 (SB 35), approved April 22, 2020, amended § 15.2-915 and repealed § 15.2-915.1. Localities may now adopt ordinances prohibiting firearms in any building used by the locality for governmental purposes, in any public park or recreation/community center facility operated by the locality, and in public streets or sidewalks being used by or adjacent to a permitted event. Several localities (Richmond, Alexandria, Fairfax County, etc.) have enacted such ordinances.

Acts of Assembly 2020, cc. 1205 and 1247