Concealed Carry Laws in Virginia: Permits, Restrictions, and Penalties

Concealed carry laws in Virginia require a Concealed Handgun Permit (CHP) from the circuit court in the county or city where you live. Open carry of a handgun is legal in Virginia without any permit, but the moment that handgun is hidden from common observation on your person or within your reach, you need a CHP or you are committing a crime. The rules below cover who qualifies, how to apply, where the permit does and does not let you carry, and what happens if you get it wrong.

Who Can Get a Virginia Concealed Handgun Permit

You must be at least 21 years old, and this age floor applies to residents and non-residents alike. Beyond age, Virginia Code ยง 18.2-308.09 lists the disqualifications that will keep the court from issuing a permit.1Virginia Code Commission. Virginia Code 18.2-308.09 – Disqualifications for a Concealed Handgun Permit The ones that catch most applicants:

  • A felony conviction, unless your firearm rights have been restored by court order.
  • An adjudication of legal incompetence or incapacity, or an involuntary commitment to a mental health facility. A five-year waiting period applies after competency restoration or discharge.
  • An active protective order that prohibits firearm possession.
  • A single DUI or public drunkenness conviction within the past three years.
  • A conviction within the past three years for assault, battery, sexual battery, brandishing a firearm, or recklessly discharging a firearm.
  • Two or more misdemeanor convictions in the past five years, if at least one was a Class 1 misdemeanor. Traffic infractions do not count.
  • Addiction to or unlawful use of marijuana, synthetic cannabinoids, or any controlled substance.
  • A dishonorable discharge from the armed forces.
  • Not being a U.S. citizen or lawful permanent resident.

Even when none of these applies, the court can still deny a permit if it finds, based on specific acts, that you are likely to use a weapon unlawfully or negligently.

How to Prove Firearms Competency

First-time applicants have to show the court that they can handle a handgun. You only need one form of proof, and the certificate never expires, so training you completed years ago still counts.2Virginia Code Commission. Virginia Code 18.2-308.02 – Application for a Concealed Handgun Permit; Virginia Resident or Domiciliary Acceptable evidence includes:

  • A hunter education certificate from the Virginia Department of Wildlife Resources or a similar agency in another state.
  • A firearms training course from a law enforcement agency, college, or private school using instructors certified by the NRA, the U.S. Concealed Carry Association, or the Department of Criminal Justice Services.
  • Any NRA or USCCA firearms safety or training course certificate.
  • Proof of current military service or an honorable discharge.
  • Evidence of participation in organized shooting competition.

A photocopy of the certificate, an affidavit from the instructor, or any document showing you finished the course works. Have it in hand before you walk into the clerk’s office.

How to Apply and What It Costs

Start with Form SP-248, available at the Virginia State Police website or the circuit court clerk’s office.3Virginia State Police. Resident Concealed Handgun Permits Lying on the application is a felony, so answer every background question carefully.

Residents file in person at the circuit court clerk’s office in the county or city where they live, bringing the completed form, competency proof, and valid ID. Total fees for a resident permit cannot exceed $50. Non-residents apply through the Virginia State Police instead and submit fingerprints and photographs; the non-resident fee can reach $100.4Virginia Code Commission. Virginia Code 18.2-308.06 – Nonresident Concealed Handgun Permits

Once the clerk has your complete application, the court has 45 days to issue or deny the permit. If the court misses that deadline, the clerk sends you a certified copy of your application, and that copy functions as a temporary permit for 90 days when you carry it with government-issued photo ID. If the court later finds you disqualified, you must surrender it. Any denial has to be in writing and must state the specific legal basis for the decision.

Where You Cannot Carry Concealed, Even With a Permit

A CHP is not a universal pass. Several locations remain off-limits, with penalties ranging from a small fine to a felony prison sentence.

Schools

Knowingly possessing a firearm on the grounds, in the buildings, or on a school bus of any public, private, or religious preschool through high school is a Class 6 felony, punishable by up to five years in prison.5Virginia Code Commission. Virginia Code 18.2-308.1 – Possession of Firearm, Stun Weapon, or Other Weapon on School Property Prohibited; Penalty One narrow exception: a CHP holder may keep a concealed handgun inside a vehicle in a school parking lot or drop-off circle, as long as the gun stays in the vehicle.

Places of Worship

Carrying a gun or other dangerous weapon to a place of worship during a religious meeting without “good and sufficient reason” is a Class 4 misdemeanor with a fine of up to $250.6Virginia Code Commission. Virginia Code 18.2-283 – Carrying Dangerous Weapon to Place of Religious Worship The statute does not define that phrase, and holding a CHP does not automatically satisfy it. Treat places of worship with caution.

Government Buildings, Parks, and Permitted Events

Virginia’s preemption law generally stops localities from writing their own firearms rules, but there is an exception that counties and cities can use. They may adopt ordinances banning firearms in government-owned buildings, public parks, recreation and community centers, and on public streets or sidewalks during permitted events.7Virginia Code Commission. Virginia Code 15.2-915 – Control of Firearms; Applicability to Authorities and Local Governmental Agencies Many have. Posted signs at entrances are the usual tip-off, but check with the locality before relying on your CHP in these spaces.

Private Property

Virginia has no statute making it a firearms crime to carry past a “no guns” sign on private property. The risk is trespass: if the owner asks you to leave because you are armed and you refuse, you can be charged with trespassing. Different legal mechanism, similar outcome.

Concealed Carry and Alcohol

Two separate rules apply here, and people mix them up all the time.

You can carry a concealed handgun into a Virginia restaurant or bar that serves alcohol. You cannot drink while carrying. Consuming any alcoholic beverage while concealed-carrying in a licensed restaurant or bar is a Class 2 misdemeanor.8Virginia Code Commission. Virginia Code 18.2-308.012 – Prohibited Conduct

Separately, carrying concealed anywhere in public while under the influence of alcohol or illegal drugs is a Class 1 misdemeanor, with up to 12 months in jail and a $2,500 fine. A conviction automatically revokes your CHP, and you cannot reapply for five years.

Out-of-State Permits in Virginia and Virginia Permits Elsewhere

Virginia recognizes valid concealed carry permits from all U.S. states and territories, provided you are at least 21, carry government-issued photo ID with the permit, have not previously had a Virginia CHP revoked, and the issuing state gives Virginia law enforcement a way to verify the permit in real time.9Virginia Code Commission. a href=”https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-308.014/” target=”_blank” rel=”noopener”>Virginia Code 18.2-308.014 – Reciprocity10Virginia State Police. Virginia Concealed Handgun Permit Reciprocity and Recognition

Recognition does not run both ways automatically. Not every state honors a Virginia CHP. Before you travel, verify the destination state’s rules with that state’s authorities.

Penalties for Carrying Concealed Without a Permit

A first offense of carrying a concealed handgun without a valid permit is a Class 1 misdemeanor, carrying up to 12 months in jail and a fine of up to $2,500.11Virginia Code Commission. Virginia Code 18.2-308 – Carrying Concealed Weapons; Exceptions; Penalty12Virginia Code Commission. Virginia Code 18.2-11 – Punishment for Conviction of Misdemeanor A second conviction is a Class 6 felony, up to five years in prison. A third or later offense is a Class 5 felony. Holding a valid CHP at the time is an affirmative defense, but you carry the burden of proving it.

“Concealed” under Virginia law means hidden from common observation, including a weapon that is technically visible but disguised to look like something else. A handgun in a jacket pocket, tucked in a waistband under a shirt, or stowed in a bag you are carrying all qualify. The definition is broader than many people assume.

Renewing Your Permit

A Virginia CHP is valid for five years. Renewal is lighter than the first application: no in-person appearance, no new competency proof. You can mail the renewal application and a photocopy of your valid photo ID.13Virginia Code Commission. Virginia Code 18.2-308.010 – Renewal of Concealed Handgun Permit

Timing matters. File at least 90 days but no more than 180 days before your current permit expires. When you file in that window, the new five-year permit starts the day the old one ends, with no gap. File earlier or later and the new permit starts the day it is issued, which can either leave you uncovered or shorten the useful life of your renewal.

If Your Application Is Denied

A denial has to come in writing and state the specific reasons. The clerk also must tell you, in writing, that you have a right to a hearing and how to appeal.14Virginia Code Commission. Virginia Code 18.2-308.08 – Denial of a Concealed Handgun Permit; Appeal

You have 21 days from the denial to request an in-person hearing before the circuit court. You can bring an attorney, but one will not be appointed for you, and the rules of evidence apply. The court must issue findings of fact and conclusions of law in its final order. If the circuit court upholds the denial, you have 60 days from that final order to file a notice of appeal and opening brief with the Virginia Court of Appeals, along with copies of the original court papers. Skip the hearing entirely and the 60-day clock starts when the 21-day hearing window closes. The Court of Appeals’ decision is final. If you win the appeal, the Commonwealth pays your court costs.