Summary of Virginia Gun Laws
Virginia is a shall-issue state. For residents, applications are filed with the circuit court in their county of residence, and non-residents must mail their application to the State Police.
There is no permit or firearms registration required when buying a handgun from a private individual, provided the buyer and seller are both Virginia residents. However, based on SB70/HB2 being signed into law, as of July 1, 2020, all sales are required to be completed through a dealer who must submit a background check. Additionally, a one handgun per month purchase restriction is now in effect, although concealed carry permit holders are exempt.
Open carry is legal in Virginia without a permit for anyone who is at least 18 years old who can legally possess a firearm. However, Localities, such as Alexandria and Newport News may ban the open carry of firearms in public buildings, parks and at special events.
Concealed carry is legal for residents with a Virginia Concealed Handgun Permit (CHP) and non-residents with any valid state license/permit. Virginia CHPs are issued to both residents and non-residents at least 21 years old and require a state-approved firearms training course and demonstrated competence with the firearm. Some areas are off-limits, including airport terminals and places of worship during services. In addition, municipalities may ban guns in government buildings and areas such as public parks, recreation or community centers, and outdoor areas being used during permitted events. In terms of reciprocity, Virginia honors all out-of-state concealed carry permits.
Self-Defense
Although not codified by statute, Virginia case law supports self-defense, a version of the castle doctrine and stand your ground in certain circumstances. There is no duty to retreat, and you can defend yourself at any location you are legally permitted to be.
Defense of Self or Others
Virginia law allows the use of self-defense where a person, who is not the aggressor:
- Reasonably believes the person is in imminent danger of an overt act threatening unlawful force, serious bodily harm or death; and
- Uses the amount of force reasonable in relation to the threat.
A person may only use deadly force if there was a present danger of great bodily injury. An individual is allowed to defend not only his or her person from harm if the person being defended would have been justified in using self-defense.
Defense of Dwelling
Although Virginia law does not allow deadly force to prevent an entry into a home or dwelling, non-deadly force may be used to prevent an unlawful entry into a dwelling. Deadly force is only justified in circumstances where a person reasonably believes the intruder will commit great bodily injury or death.
Virginia Gun Laws at a Glance
CONSTITUTIONAL CARRY?
Does Virginia allow constitutional carry?
No
Virginia does not allow constitutional carry.
OPEN CARRY PERMITTED?
Is open carry permitted in Virginia?
Yes, without a permit.
Any person who is at least 18 years old and legally entitled to carry a firearm can open carry.
GUN PERMIT LICENSURE?
If Virginia requires a permit to carry a concealed firearm, how are those permits issued?
Virginia is a shall-issue state
MINIMUM AGE FOR CONCEALED CARRY?
What is the minimum age in Virginia to get a concealed carry permit?
The minimum age to carry a gun in Virginia is 21
WEAPONS OTHER THAN HANDGUNS ALLOWED?
Can you concealed carry weapons other than handguns in Virginia with a concealed carry permit (or under permitless carry if applicable)?
No
TASERS OR STUN GUNS?
Is it legal to own a taser or stun gun in Virginia?
Yes. Stun guns and Tasers are legal to purchase and possess without a permit. The state prohibits anyone from carrying a stun weapon:
- In a secure airport terminal;
- In a courthouse; or
- On school property (including school buses).
CHEMICAL SPRAY/PEPPER SPRAY?
Is it legal to buy or use chemical spray/pepper spray in Virginia?
Yes, any person may use pepper spray in the protection of person, life or property.
MAGAZINE LIMITS FOR HANDGUNS?
Does Virginia have magazine capacity restrictions for handguns?
No more than 20 rounds for handguns.
Although Virginia has no law restricting large capacity ammunition magazines, Virginia law defines “assault firearm” as any semi-automatic center-fire rifle or pistol which 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 which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock. These assault firearms are prohibited from being loaded and carried on or about the person, openly or concealed, 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 in the cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William. There are exceptions for concealed handgun permit holders and individuals actually engaged in lawful hunting or lawful recreational shooting activities at established shooting ranges or shooting contests.
AMMUNITION RESTRICTIONS?
Does Virginia have ammunition restrictions?
No.
Virginia does not have ammunition restrictions.
CARRY IN VEHICLE?
Can you carry a concealed handgun in a vehicle in Virginia?
Yes, with a permit. Handguns may be transported in a vehicle without a permit if secured in a container or compartment including a console, glove compartment or any other area of the vehicle or vessel that possesses the ability to be closed.
CARRY AT ROADSIDE REST AREAS?
Can you carry a concealed firearm at roadside rest areas in Virginia?
NO!!
CARRY IN STATE/NATIONAL PARKS, STATE/NATIONAL FORESTS AND WILDLIFE MANAGEMENT AREAS (WMAS)?
Can you carry a concealed firearm in state/national parks, state/national forests and Wildlife Management Areas in Virginia?
Yes, with a valid concealed carry permit. See the National Parks webpage for links to each Park in Virginia.
CARRY IN BARS/RESTAURANTS THAT SERVE ALCOHOL?
Can you carry a concealed firearm in bars and restaurants that serve alcohol in Virginia?
Yes, with a valid concealed carry permit, unless posted and provided you consume no alcohol.
CARRY/POSSESS AT A HOTEL?
Can you carry or possess a firearm on hotel property in Virginia?
The granting of a concealed handgun permit pursuant to this article shall not thereby authorize the possession of any handgun or other weapon on property or in places where such possession is otherwise prohibited by law or is prohibited by the owner of private property.
STORE IN A VEHICLE IN AN EMPLOYEE PARKING LOT?
Does Virginia have laws relating to storing firearms in private vehicles in an employee parking lot?
No locality shall adopt any workplace rule, other than for the purposes of a community services board or behavioral health authority as defined in § 37.2-100, that prevents an employee of that locality from storing at that locality’s workplace a lawfully possessed firearm and ammunition in a locked private motor vehicle. There is an exception for any local or regional jail, juvenile detention facility or state-governed entity, department or agency.
Key State Laws
DUTY TO INFORM OFFICER YOU’RE CARRYING?
Do you have a duty to inform a police officer that you’re carrying a concealed firearm in Virginia?
There is no duty to inform a law enforcement officer that you’re carrying a concealed firearm in Virginia.
DRIVER’S LICENSE LINKED TO CARRY PERMIT?
Is my Virginia driver’s license linked to my Virginia carry permit?
Yes. Your Virginia driver’s license is linked to your Virginia handgun permit. Therefore, a law enforcement officer will be notified immediately that you are a concealed carry permit holder if they run your driver’s license.
“NO WEAPONS ALLOWED” SIGNS ENFORCED?
Are “No Weapons Allowed” signs enforced in Virginia? If yes, violating the sign would be considered to be a crime. If no, violating the sign would not be considered a criminal offense.
No. “No Weapons Allowed” signs have no force of law unless they are posted in areas that are mentioned by the law as being off limits.
PREEMPTION?
Does Virginia have preemption laws related to concealed carry (i.e. Does state law supersede local laws regarding the possession of handguns)?
Partial. The state has preemption of firearms laws in Virginia, except effective July 1, 2020, localities may prohibit firearms, ammunition, or components thereof in the following places, provided that notice is properly posted:
- Any building, or portion of a building owned or used by a locality for governmental purposes;
- Public parks;
- Recreation or community centers; or
- Any public street, road, alley, or sidewalk or public right-of-way or other place that is open to the public that is being used by, or is adjacent to, a permitted event or an event that would otherwise require a permit;
- Prohibit the outdoor shooting of firearms in areas so heavily populated as to make such conduct dangerous to the inhabitants;
- Impose limited prohibitions on possession of a loaded firearm on public highways;
- Prohibit the discharge of firearms; and
- Require the maintenance of safety devices on storage equipment for firearms.
In addition, municipalities may adopt local ordinances regulating the possession and storage of firearms, ammunition or components, or combination thereof, in government buildings and areas such as public parks, recreation or community centers, and outdoor areas being used during permitted events.
RED FLAG LAW?
Does Virginia have a red flag law?
Yes. An attorney for the Commonwealth or a law-enforcement officer may petition the court to issue an ex parte emergency substantial risk order. The order prohibits the person who is subject to the order from purchasing, possessing, or transporting a firearm for the duration of the order. The person is also required to surrender his concealed handgun permit if he possesses one. and advises the person to voluntarily relinquish any firearm within his custody to the law-enforcement agency that serves the order. The order may be issued for a maximum of 180 days.
BRANDISHING?
Does Virginia state law define brandishing?
Yes. It is unlawful for any person to point, hold or brandish any firearm or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another of being shot or injured. However, this does not apply to any person engaged in excusable or justifiable self-defense
It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person.
CARRY WHILE USING ALCOHOL OR ILLEGAL DRUGS?
Does Virginia have laws regarding carrying a concealed firearm while using alcohol or illegal drugs?
Not while consuming or under the influence of alcohol or illegal drugs in a public place
As a responsibly armed American, regardless of the laws in your state, it is unwise to carry while under the influence of any substance that could impair your judgement, slow your reaction times or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences.
NON-RESIDENT PERMITTING?
Does Virginia issue concealed carry permits to non-residents?
Yes. Virginia does issue permits to non-residents.
PUBLIC ACCESS TO CONCEALED CARRY REGISTRY?
Does Virginia allow the public to access concealed carry registry information through public records law?
No, except for references to the issuance of concealed handgun permits in any order book before July 1, 2008. The law allows disclosure:
- To law enforcement agencies and officers for law enforcement purposes;
- Of records by the State Police concerning permits issued to nonresidents; and
- Of statistical summaries, abstracts or other records containing information in an aggregate form that does not identify any individual permittees.
Handgun Purchase & Possession
PURCHASE PERMITS?
Is a permit required to purchase a handgun in Virginia?
No. A permit is not required to purchase a handgun in Virginia.
Any person who is not a licensed firearms dealer is prohibited from purchasing more than one handgun in a 30-day period. However, one of the exceptions to the law is for anyone that holds a valid Virginia concealed handgun permit.
BACKGROUND CHECKS FOR PRIVATE GUN SALES?
Are background checks required for private gun sales in Virginia?
Yes. All sales are required to be completed through a dealer who must submit a background check.
VIRGINIA PERMIT EXEMPTS FROM BACKGROUND CHECK?
Does my current Virginia concealed carry permit exempt me from needing a background check when I purchase a firearm?
NO
WAITING PERIOD?
Is there a waiting period after purchasing a handgun in Virginia?
NO
HANDGUN REGISTRATION?
Do handguns need to be registered in Virginia?
NO
MINIMUM AGE TO POSSESS AND TRANSPORT?
What is the minimum age to possess and transport a handgun in Virginia?
1
POSSESS A HANDGUN ON MY PRIVATE PROPERTY WITHOUT A PERMIT?
Can I possess/carry a handgun in my home without a permit?
Yes A permit is not required for anyone legally entitled to carry a firearm to carry a handgun in a person’s place of abode or the curtilage thereof or in his or her own place of business.