Virginia Gun Control Laws
By John Mascolo, Esq. | Legally reviewed by John Mascolo, Esq. | Last reviewed November 10, 2024
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Guns and gun control remain controversial due to the number of high-profile mass shootings in the United States. Gun control laws originate from federal and state legislation. The federal government exercises limited control over the ownership and use of firearms. In state gun control laws, ownership restrictions vary widely from state to state.
Federal law restricting firearms stems from two significant enactments: the National Firearms Act of 1934 (NFA) and the Gun Control Act of 1968 (GCA). The NFA created a tax and regulation scheme to control weapons used by gangs, such as machine guns and silencers. The GCA developed a broader system for banning possession of firearms by felons and others. The Brady Handgun Violence Prevention Act expanded these prohibitions. It set up the National Instant Background Check System (NICS) to help states and federally licensed dealers prevent prohibited people from buying firearms.
Firearms laws also must consider the rights of gun owners, especially in light of recent decisions issued by the U.S. Supreme Court. In 2008, the Court overturned a Washington, D.C., ordinance that banned handguns and required certain storage rules for firearms kept at home. In 2022, the Court invalidated a New York law granting authorities discretion in awarding concealed carry permits. In each case, the Court found that the Second Amendment of the U.S. Constitution guarantees the right to own firearms for self-defense. State and local authorities must show that laws that burden the right to bear arms are consistent with traditional gun regulations from U.S. history.
Gun Control Laws In Virginia
The Commonwealth of Virginia has a long history with gun regulations. Its first General Assembly, in 1619, passed a gun control law making it a crime to provide arms to indigenous people. State regulation of firearms has changed over time. As in other states, Virginia gun control laws limit the ownership and carrying of certain weapons. Virginia laws also restrict who is permitted to own guns. For example, people convicted of a felony or who are subject to a protective order (restraining order) may not own or buy guns.
In recent years, the state enacted new measures aimed at preventing gun violence. This included a move toward universal background checks on firearm purchases and the passage of an extreme risk protective order law. Other laws sought to strengthen restrictions imposed on those convicted of domestic violence and encourage safe storage of firearms.
On March 26, 2024 Lucia's Law was enacted by Governor Glenn Youngkin. This legislation was prompted by the tragic death of 13-year old Lucia Bremer on March 26, 2021. Lucia was fatally shot by a 14-year-old who had accessed a firearm at home, despite having a history of mental health issues and violent behavior.
Lucia's Law aims to prevent similar tragedies. It makes it a Class 5 felony for adults to allow children who pose a risk to themselves or others to access firearms. The law shows a commitment to protecting children in Virginia.
In Virginia, you must be 18 to buy a rifle or shotgun and 21 to buy a handgun. You need a valid identification, such as a driver's license. There is no rule to get a permit to buy a firearm. But, you must pass a background check to verify that you are not disqualified from having a firearm. Virginia does not have a broad ban on assault weapons. Yet, it does limit the ownership and use of certain guns.
Those seeking a concealed handgun permit in Virginia apply to their local circuit court. Residents and nonresidents can apply for a permit. The Virginia State Police website has online versions of the permit applications and other useful information on eligibility. The court requires proof that an applicant is competent to handle a handgun. Applicants can show this by providing evidence that they completed a hunter safety training course or a firearms training program sponsored by the National Rifle Association (NRA), the National Concealed Carry Association, or the Virginia Department of Criminal Justice Services. Concealed carry permit holders from another state may qualify in Virginia. The state police provide information on what out-of-state permits Virginia will recognize.
Virginia law provides certain situations and locations where a person may carry a concealed handgun without a permit. These include:
- A person's home or the curtilage of the home
- Their place of business
- People going to or from a shooting range, bona fide firearms exhibition, or firearms training course, as long as the weapons are unloaded and securely wrapped during transport
- People carrying weapons between home and place of purchase or repair, as long as the guns are not loaded and are securely wrapped during transport
- People who may have firearms and are traveling with a handgun in a private motor vehicle and have the handgun secured in a container or compartment of the vehicle
- Those engaged in hunting
The law also permits certain people to carry firearms without a permit as well:
- On-duty carriers of the U.S. mail, officers, guards and other authorized employees of a state correctional institution, and conservators of the peace
- Active and retired law enforcement officers
- Attorneys and judges for the Commonwealth
Virginia law allows open carry of firearms. Yet, this will only apply in some places in the state. Like other states, Virginia bans firearms (open or concealed) in certain locations. Under most circumstances, firearms are not allowed in:
- Polling locations and buildings of the election board (during election functions)
- Capitol building and grounds of Capitol Square in Richmond
- Places of worship (except in cases of good and sufficient reason)
- Courthouses
- Air carriers of an airport terminal
- Childcare centers and preschools
- Public, private, or religious elementary, middle, and high schools
- School transportation
- Where prohibited on personal property by the owner
Localities in Virginia may also place location restrictions on firearms in places like local government buildings, local parks, and recreation centers.
The main provisions of Virginia's gun control laws are in the following table, with links to related articles.
Relevant statutes (laws) |
Code of Virginia, Title 18.2, Chapter 7, Section 279 through 311.2
|
---|---|
Illegal arms |
The following items are illegal in Virginia:
|
Waiting period |
There is no waiting period for purchasing a firearm. |
Who may not own |
The following people can't own a firearm in Virginia:
|
License required? |
No. Virginia does not require a person to have a license to buy or have a firearm. There are no requirements to register a firearm in Virginia except for machine guns. |
Concealed carry license required? |
Virginia requires a concealed handgun permit for anyone who wishes to carry a concealed firearm in the state. The rule does not apply to a person in their own home or their place of business and does not apply to certain professions, including police officers and armed forces members. |
Open carry allowed? |
Yes. But, there are location prohibitions and limits related to certain assault firearms as provided below:
|
Eligibility for a concealed carry license |
To get a concealed handgun permit, a person must:
|
Machine gun laws |
Every machine gun must be registered with the Department of State Police within 24 hours after its acquisition or, in the case of weapons that are modified to become machine guns, within 24 hours of the modification. |
Penalties for illegal firearm possession |
|
Penalties for illegal possession on or near school grounds |
|
Red flag law? | Yes. A Commonwealth's attorney or local law enforcement can file a petition for an emergency substantial risk order. A court may issue a final order if it finds by clear and convincing evidence that the subject of the order is at substantial risk of causing physical harm to self or others. An order can last 180 days. It can be renewed for 180 days when appropriate. |
Universal background checks? | Yes. Virginia now requires private firearms sales to go through a licensed dealer for a background check. There are exceptions. |
Stand-your-ground law? | No. But, under Virginia case law, a person without fault does not have a duty to retreat when attacked. They may stand their ground and repel the attack with appropriate force. |
Note: State laws are always subject to change through passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of the state law(s) you are reviewing.
Research the Law
For more information about Virginia's gun laws, review the links to related resources listed below.
- Virginia Law
- Gun Laws
- Domestic Violence and Guns
- Official State Codes — Links to the official online statutes in all 50 states and the District of Columbia
Speak to an Attorney About Your Gun Rights
If you have more specific questions or face criminal charges in a gun-related incident, seek legal advice. A Virginia criminal defense attorney can help you.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex criminal defense situations usually require a lawyer
- Defense attorneys can help protect your rights
- A lawyer can seek to reduce or eliminate criminal penalties
Get tailored advice and ask your legal questions. Many Virginia attorneys offer free consultations.
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