Virginia Gun Laws

Virginia Gun Forms & Supporting Documentation

• State CCW Site
• VA Firearm Laws
• Resident/Non-Resident CCW Application
• Application Information Fairfax County
• State FAQs
• Transport Firearms
• State Statutes
• State Admin Rules
• State Reciprocity Info
• State Attorney General
• Secretary of State
• Age to Carry a Firearm In Other States

Carrying a Firearm

The state of Virginia permits the open and blatant carrying of any citizen on their person but strictly prohibits the carrying of concealed firearms.This regulation does not apply to:

• Persons with a concealed weapons permit carrying a loaded handgun in their motor vehicles within reach of an unpermitted citizen.
• Carrying a gun in one’s private residence.
• Enrolled members of an organization dedicated to the purpose of target shooting or practice during transportation to and from organization events, given that the firearm in transport is unloaded and properly sealed.
• Enrolled members of an organization dedicated to the collection or appreciation of rare, unusual or specialized firearms during transportation to and from organization events or exhibitions, given that the firearm in transport is unloaded and properly sealed.
• Transporting a firearm between one’s place of residence and a repair shop, given that the firearm in transport is unloaded and properly sealed.
• Avoiding firearm damage by taking shelter in a vehicle or other building in the event of inclement weather during the practice of lawful hunting.
• Retired officers of any branch of local or state law enforcement who have received consistently positive reviews in the line of duty and maintain proof of consultation may carry a concealed firearm in the same manner as active-duty law enforcement officers. These retired officers must also carry with them proof of their authorization by a chief administrative officer of the branch or agency that they hail from.

Any citizen 21 years of age or older may submit a written application for a permit to carry a concealed handgun to the clerk of the county or city circuit court of the citizens legal residence. This application must be submitted under oath and on a form authorized and distributed by the Supreme Court. A person legally capable of acknowledging oaths, such as a notary, must be present at the submission of the application. Strictly the information required on the Supreme Court’s application form shall be collected. No additional information shall be requested or demanded by the clerk or court. Please note that personnel of the United States Military may apply for a permit to carry a concealed firearm in the city closest to their current site of assignment.

All sensitive information, including the social security number of the applicant, shall be withheld by the court clerk from public distribution and knowledge. Permits shall be issued to all persons who submit a completed application, incur a $50 (USD) fee, are not disqualified based on a review of their criminal record, and receive no objections from a sheriff or police department administrator upon a clerk’s request for applicant approval. This process may be performed by the clerk, without judicial review, given that the applicant provides the necessary form and fee. Upon approval, the court shall issue a permit to carry a concealed firearm within a period of no more than 45 days following the date of proper application filing.

All court clerks are immune from any litigation or legal action pertaining to the approval and issuance or denial of a permit to carry a concealed firearm that was not subject to judicial review. This immunity does not apply to circumstances in which the clerk engaged in blatant and willful or gross negligence in issuing or denying a permit. No person shall use or attempt to use this regulation in an effort to affect or alter the results of any court case, action or hearing that preceded July 1, 2010.

The court clerk shall be immune from suit arising from any acts or omissions relating to the issuance of concealed handgun permits without judicial review unless the clerk was grossly negligent or engaged in willful misconduct. This shall not be construed to limit, withdraw, or overturn any defense or immunity already existing in statutory or common law, or to affect any cause of action accruing prior to July 1, 2010. 

In the event that the court fails to issue or deny a permit to carry a concealed firearm within the designated 45 day period then the applicant shall receive a copy of the completed application with a notification of the expiration of this period and a certification form the court clerk for the application’s use as a de facto permit.

Once the court evaluates the permit application an applicant will either be issued the valid permit or, in the case of an application denial, required to forfeit the de facto permit. Any citizen will be disqualified from acquiring a permit to carry a concealed firearm if he or she is:

• Not a legal resident of the United States.
• Or was dishonorably discharged from the United States Military.
• Currently ineligible to purchase, possess or use a firearm.
• The subject of a sworn written statement from a sheriff, police chief or attorney for the Commonwealth that professes a concern, in any of their opinions, that the applicant is likely to endanger the health or lives of the public through malicious or negligent use of a firearm
• The subject of a sworn written statement from any competent and relevant person who holds personal knowledge evidencing the high likelihood of violent or negligent action by the applicant if the applicant where to carry a concealed firearm.
• A convict, in the 3 years prior to the application, of any charge relating to drunkenness or acts of misdemeanor violence.
• A habitual consumer or addict of an alcoholic substance, to the point of motor skill or cognitive judgment hindrance, or illegal controlled substance.
• Currently or was ever coercively committed to an institution of mental health.

At the discretion of the court, proof of an applicant’s competency in the safe handling and usage of firearms may be mandated. The following shall be accepted as proof of firearms competency:

• A copy of any certificate of completion issued by a firearms training or safety course. This course must be offered or certified by the state of Virginia, the NRA or an institute of education such as a university or college.
• A copy of a document, certificate or award that evidences participation in a shooting competition, law enforcement firearms training course or basic firearms training in military service.
• A previously issued permit to carry a concealed firearm or proof of having lawfully possessed a permit in the past.

All permits must include the following information of the applicant:

• Full name
• Date of birth
• Gender
• Height
• Weight
• Hair color
• Eye color
• Address
• Signatures of the issuing judge and permit applicant
• Date of issue

All permits shall be recognized and honored throughout the state of Virginia for a period of no less than 5 years following the date of issuance. Citizens applying for a renewal of a previously approved and issued permit are not required to re-apply in person. They may lawfully submit an application for permit renewal via mail.In the event of a citizen and permit holder changing his or her address of residency, this citizen is required to present his or her valid permit as well as a document or other form of proof establishing a new address of residency. Citizens in compliance with this process shall be issued an updated permit with the correct address of residency by the clerk of the circuit court so long as they incur a fee of no more than $10 (USD).

All permit holders are required to carry their valid permits on their persons at all times when carrying a concealed firearm. At the request of any law enforcement officer, permit holders must offer a valid form of Virginia photo identification and a lawful permit to carry a concealed firearm.

In instances of permit denial, all applicants shall receive notice from the circuit court clerk clearly describing the court justification of the denial. This notice shall include a statement informing the denied applicant of their right to an oral hearing, upon request and within 21 days of the notice. No legal counsel shall be appointed to applicants but they may appoint their own.

A citizen denied a permit may file a petition, within a period of no less than 60 days following the denial notice or, if applicable, the date of an oral court hearing on the matter, to the Court of Appeals for a review of his or her application and denial. Citizens who receive a ruling reversal based on their petition of appeal shall be reimbursed by the Commonwealth for all taxable costs incurred during the course of the appeal.

In the state of Virginia it is illegal to carry or discharge any firearm within 1000 feet of or on the grounds of any elementary, middle or high school with the exception of firearms pertinent to school-sanctioned events or curriculum. Concealed firearms permit holders may carry a firearm onto school property if, and only if they are picking up a child, remain in their cars at all times and keep the gun completely concealed from outside view at all times. Unloaded firearms may also be kept in vehicles on school grounds if they are properly sealed in a locked gun container or vehicle trunk.

It is illegal to consume alcohol on the premises of any club or restaurant that purveys alcoholic beverages while carrying a concealed firearm.

The state of Virginia prohibits the carrying of a concealed firearm in any facility dedicated to worship while any religious meeting or gathering is occurring without sufficient reason to do so.

All lawful concealed handgun licenses or permits issued by another state of these United States shall be recognized and honored by the state of Virginia given that the state that issued the permit upholds laws and regulations sufficiently comparable to those of the state of Virginia, particularly those that would disqualify a person from holding a permit in Virginia, and that the carrier is 21 years of age or older.

Non-residents of the state of Virginia may apply for a non-resident license to carry concealed firearms to an office of the Virginia State. Any non-resident, 21 or older, who meets the standard requirements for a resident permit and submits fingerprints will be approved by the state of Virginia.

A non-resident 21 years of age or older may obtain a non-resident license by applying to the Virginia State Police, successfully meeting the requirements for resident applications and by submitting fingerprints. 

Replacement permits may be obtained from the clerk of the circuit court of original issuance so long as the permit holder submits a notarized statement of permit loss or destruction and a fee of no more than $5.00. The replacement permit shall be issued within 10 business days of the holder’s final completion of the permit replacement process and shall expire on the same date as the original permit.

Any person fined $25 by a law enforcement officer for carrying a concealed firearm without a permit may ask the court for a waiver if he or she can present a valid permit that he or she held at the time of the fine.

Machine Guns

The state of Virginia defines a machine gun as any firearm or other weapon that is capable or designed to be capable of firing multiple shots with a single action of the trigger without the need of manual reloading.

Lawful residents of the state of Virginia may purchase, transfer, transport and otherwise possess machine guns, short barrel rifles or shotguns and suppressors if all State and Federal regulations and laws are satisfied and followed. All machine guns shall be registered with the Department of State Police within 24 hours of purchase, transfer or receipt.

It is illegal in the state of Virginia to use or possess a machine gun with the intent of aggression or offensive action. This illegal intent shall be presumed for all machine gun in cases of:

• Possession outside of one’s residence or business.
• Possession by convicts of violent crimes; 
• Failure to register any and all machine guns within 24 hours of acquisition.
• Loaded or empty shells being discovered in the general vicinity of one’s property, vehicle or person.

Exempt from this regulation are all machine guns owned with intent of scientific research, study or other purposes and machine guns that do cannot operate and are used as decorations or trophies.    

Range Protection

Municipalities and localities of Virginia shall not create legislation that interferes with the operations or existence of lawful shooting ranges provided that these ranges are currently following all relevant noise regulations.

VA. CODE ANN. §15.2-917 (2011)

§ 15.2-917. Applicability to local noise ordinances to certain sports shooting ranges.

A.  No local ordinance regulating any noise shall subject a sports shooting range to noise control standards more stringent than those in effect at its effective date.  The operation or use of a sports shooting range shall not be enjoined on the basis of noise, nor shall any person by subject to action for nuisance or criminal prosecution in any matter relating to noise resulting from the operation of the range, if the range is in compliance with all ordinances relating to noise in effect at the time construction or operation of the range was approved, or at the time any application was submitted for the construction of operation of the range

B.  Any sport shooting range operating or approved for construction within the Commonwealth, which has been condemned through eminent domain proceeding by any condemning entity, and which relocates to another site within the same locality within two years of the final condemnation order, shall not be subjected to any noise control standard more stringent than those in effect at the effective date of such sport shooting range.

C.  For the purposes of this section, "sports shooting range" means an area or structure designed for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport shooting.For purposes of this section "effective date" means the time of construction or operation of sports shooting range was initially approved, or at the time any application was submitted for the construction of operation of the sports shooting range, whichever is earliest.

Virginia Concealed Carry Reciprocity

Miscellaneous

In the state of Virginia it is illegal to:

• Discharge a firearm in an occupied building, if it causes the endangerment of the lives of its occupants. This act, committed in malice, is a felony. If committed without malice, this act is still unlawful but the violator is subject to a lesser charge.
• Discharge a firearm in or at a school facility. This act is unequivocally a felony.
• Discharge a firearm in such a way that the path of the bullet crosses a road or highway.
• Discharge a firearm in any public place of gathering, business, celebration or recreation or any public street unless in defense of one’s self or property or the life of another.
• Prepare or deploy a spring gun or firearms-based trap for any purpose.
• Transfer, gift or sell any toy gun capable of firing a projectile by explosive force. This does not include cap guns.
• Alter, erase or doctor, in any way, any of the identifying markings on a firearm including the serial number or manufacturer’s name.
• Engage in any hunting activities while under the heavily intoxicating influence of alcohol or any controlled substance.

In the event of a declaration of a state of emergency, the right of citizens to lawfully carry and transport firearms shall not be altered.

The use or presentation of a firearm in a violent or drug-related felony will result in an additional 3 year penalty for first offenders and 5 years for a repetitive offense that shall be counted as a separate charge from the original offense.

Any person who assists in the acquisition of a firearm for an ineligible party shall be subject to a penalty of 5 years or more in prison.

Hunters who maintain a permit to carry a concealed firearm may lawfully carry a concealed firearm while hunting, given that they also carry their valid permit on their person.

Hunters who lawfully own suppressors may use them to hunt in the state of Virginia.

The state of Virginia reserves the right to bring legal action against any person or entity dealing in any aspect of the manufacture or sale of firearms or ammunition pertaining to negligence, violation of warranty, breach of contract or any other offense in the eyes of the State and the Attorney General. Municipalities and localities are prohibited from pursuing any independent litigation.