Virginia Gun Laws

• The 2020 Gun Control Overhaul: Virginia is a state divided between a deep history of permissive gun rights and a recent wave of strict urban gun control. During the 2020 legislative session, the state enacted a massive package of restrictions, including Universal Background Checks, a Red Flag law, and the reinstatement of the "One Handgun a Month" purchasing limit.
• Open Carry vs. Permitted Concealed: Virginia is a traditional open carry state. Any law-abiding adult 18 years of age or older may carry a firearm openly without a permit. However, to legally carry a concealed handgun, an individual must be 21 or older and possess a valid Virginia Concealed Handgun Permit (CHP).
• The Preemption Rollback: A critical shift in 2020 was the weakening of state preemption. Under current law, local municipalities, cities, and counties are granted the authority to ban firearms (both open and concealed carry) in local public parks, government buildings, and permitted public events. As a result, carrying in Northern Virginia or cities like Richmond requires navigating a patchwork of local restrictions.

Virginia is a "Shall Issue" state for the Concealed Handgun Permit (CHP). The process is administered by the local Circuit Court in the county or city where the applicant resides.

• Minimum Age: 21 years old.
• Training Requirements: Applicants must demonstrate competence with a handgun. A 2021 legislative update strictly requires this training to be conducted in-person (online video courses are no longer accepted). The course must include instruction from a state-certified or NRA-certified instructor.
• Background Checks: A state and federal background check is mandatory.
• Fingerprints: Generally not required for in-state residents, though non-resident applicants applying through the Virginia State Police must submit fingerprints.
• Application Fees: The total fee is statutorily capped at $50.00 for residents. The permit is valid for 5 years.
• Processing Times: By law, the Circuit Court must issue the permit within 45 days of receiving a completed application. If they fail to do so, a copy of the certified application serves as a temporary de facto permit.

Virginia does not currently have a statewide "Assault Weapons" ban, but it imposes severe capacity and feature restrictions in highly populated jurisdictions.

• Magazine Capacity: No statewide ban. However, see the local carrying restrictions below.
• "Assault Weapon" Bans (The Urban Exception): Under § 18.2-287.4, in specific dense localities (like Alexandria, Fairfax, Richmond, Newport News, etc.), it is illegal to carry a loaded semi-automatic centerfire rifle or pistol equipped with a magazine holding more than 20 rounds, or equipped with a threaded barrel or folding stock, in any public place. Crucial Exception: Valid CHP holders are completely exempt from this restriction.
• Restricted Ammunition: Virginia prohibits the possession and use of Teflon-coated ammunition (armor-piercing rounds).
• Banned Accessories: Bump stocks and similar trigger activators are banned statewide. Suppressors are legal with federal NFA registration.

Virginia relies on common law (court precedent set by the Virginia Supreme Court) rather than explicit statutory codes for its self-defense protections.

• Stand Your Ground: Yes, via common law. Virginia courts recognize that if you are completely without fault in provoking an attack, and you reasonably fear imminent death or great bodily harm, you have no duty to retreat before using deadly force.
• Castle Doctrine: Yes. Virginia common law heavily protects an individual's right to use deadly force against an unlawful intruder in their home to prevent a violent felony.
• Duty to Retreat: If you are at fault (e.g., you started the argument that escalated into a physical fight), you must retreat "to the wall" and make your desire for peace known before you can legally claim self-defense. If you are entirely without fault, there is no duty to retreat.
• Civil Immunity: No. Virginia does not offer explicit statutory civil immunity to protect justified shooters from lawsuits filed by attackers or their estates.

Transportation laws in Virginia are highly accommodating, specifically regarding vehicle storage.

• Handguns (With CHP): A permit holder may carry a loaded, concealed handgun anywhere on their person or inside the passenger compartment.
• Handguns (Without CHP): The handgun must be either openly visible (e.g., on the passenger seat) or secured in a closed container or compartment. A closed glovebox or center console legally counts as a secured compartment in Virginia, meaning non-permit holders can easily keep a loaded handgun in their car dashboard.
• Long Guns: May be legally transported loaded in a motor vehicle, but you must be acutely aware of the "Urban Exception" (prohibiting loaded long guns holding >20 rounds in specific cities) and strict local ordinances regulating loaded rifles on public roadways to prevent poaching.

Virginia requires universal background checks and limits how frequently you can purchase a handgun, with a major exemption for permit holders.

• Dealer Sales: All purchases through an FFL require a background check processed by the Virginia State Police (VSP).
• Private Sales: Universal background checks are mandatory. Any private transfer of a firearm between unlicensed individuals must be processed through an FFL, who will run the VSP background check.
• One Handgun A Month: Virginia strictly limits buyers to purchasing no more than one handgun within a 30-day period.
• CHP Exemptions: A valid Virginia Concealed Handgun Permit completely exempts the holder from the "One Handgun a Month" limitation. However, it does not bypass the requirement for a background check at a dealer.

Virginia utilizes a Substantial Risk Order (SRO), which acts as the state's Extreme Risk Protection Order (Red Flag law).

• Who Can File: Only law enforcement officers or a Commonwealth's Attorney can file the formal petition following an independent investigation. Family members must go through police to initiate the process.
• Process and Duration: A judge or magistrate can issue an emergency ex parte order lasting 14 days, requiring the immediate surrender of firearms. Following a full circuit court hearing, a final SRO can be issued lasting up to 180 days.
• Appeal: The respondent can petition the court to dissolve the order prior to the 180-day expiration by proving they no longer pose a substantial risk.

Carrying a concealed handgun in Virginia without a valid CHP (and without it being secured in a closed compartment in a vehicle) is prosecuted as a Class 1 Misdemeanor for the first offense, punishable by up to 12 months in jail and a $2,500 fine. A second offense elevates to a Class 6 Felony.

Carrying a firearm into a statutorily prohibited zone, such as a K-12 school, is a Class 6 Felony, punishable by 1 to 5 years in state prison. Ignoring a local ordinance banning firearms in a public park is typically a Class 1 Misdemeanor. Providing false information on a background check or failing to run a background check during a private sale is a Class 1 Misdemeanor.