Gun laws in Virginia come from three overlapping sources: state statutes set by the General Assembly, federal law that governs dealer sales and certain weapons, and local ordinances that can restrict firearms in parks and government buildings. Adults who aren’t legally prohibited can own firearms in the Commonwealth. Buying from a dealer requires a background check. Open carry is allowed without a permit, but concealed carry requires a permit from your circuit court. And some places, from schools to polling places to many locally owned buildings, are off-limits regardless of what permit you hold.
Who Can Own a Firearm
Federal law bars licensed dealers from selling a handgun or handgun ammunition to anyone under 21, or a long gun to anyone under 18.1Office of the Law Revision Counsel. 18 USC 922 Unlawful Acts Virginia adds its own floor: no one under 18 may possess or transport a handgun or assault firearm anywhere in the Commonwealth.2Virginia Code Commission. Virginia Code 18.2-308.7 – Possession or Transportation of Certain Firearms by Persons Under the Age of 18; Penalty There is no state minimum age for possessing an ordinary rifle or shotgun.
Virginia defines an “assault firearm” as a semi-automatic center-fire rifle or pistol with a magazine holding more than 20 rounds, a design that accepts a silencer, or a folding stock. Non-citizens who aren’t lawful permanent residents cannot legally possess or carry one.3Virginia Code Commission. Virginia Code 18.2-308.2:01 – Possession or Transportation of Certain Firearms by Certain Persons
Who Is Prohibited
A felony conviction permanently bars firearm possession in Virginia. Getting rights back requires a gubernatorial pardon or a circuit court restoration order, and the court petition itself depends on the Governor first restoring civil rights. A prohibited person caught with a firearm faces a Class 6 felony punishable by one to five years. A prior violent felony brings a five-year mandatory minimum; a non-violent felony within the past ten years brings two years mandatory.4Virginia Code Commission. Virginia Code 18.2-308.2 – Possession or Transportation of Firearms by Convicted Felons; Penalties; Petition for Restoration Order
Federal law adds a nationwide ban for anyone convicted of a qualifying misdemeanor crime of domestic violence. Since 2022, that ban reaches offenses against dating partners, not only spouses or cohabitants. People adjudicated mentally incapacitated or involuntarily committed are also prohibited under both state and federal law.
Buying a Firearm From a Dealer
Every dealer sale in Virginia runs through a Virginia State Police background check. The dealer submits the buyer’s information from the Virginia Firearms Transaction Record, and the VSP checks state and federal databases.5Department of State Police. Virginia Firearms Transaction Record You’ll get one of three answers: approved, delayed, or denied. Lying on the form after a denial is itself a crime.
When a check comes back delayed, the VSP has five business days to reach a decision. Weekends and state holidays don’t count. If no answer arrives by the end of the fifth business day, the dealer may complete the sale, though the dealer is permitted to release the firearm at that point, not required to.6Virginia State Police. Procedures Manual for Firearm Dealers February 2026
Virginia limits handgun purchases to one within any 30-day period, measured from the last transaction. If you want to buy more than one handgun in that window, you have to submit a separate application to the Virginia State Police.7Virginia Code Commission. 19VAC30-101-30 – Application for Multiple Handgun Purchase
Private Sales
Virginia’s 2020 private-sale law required sellers to run a buyer through a licensed dealer for a background check, with the dealer permitted to charge up to $15.8Virginia Code Commission. Virginia Code 18.2-308.2:5 – Criminal History Record Information Check Required for Private Sales In October 2025, a Virginia circuit court permanently enjoined enforcement of that statute, ordering the Virginia State Police and all Commonwealth law enforcement to stop administering or imposing its requirements.9Virginia State Police. Firearms
As of early 2026, the injunction is still in effect. The statute has not been repealed, so anyone buying or selling privately should watch the case. If the ruling is reversed on appeal, the dealer-check obligation could snap back into force.
Open Carry and Concealed Carry
Virginia allows open carry without a permit for anyone legally allowed to possess a firearm. The gun has to be plainly visible. Concealed carry is different: it requires a Concealed Handgun Permit issued by the circuit court clerk in the county or city where you live.
Getting a Concealed Handgun Permit
Applicants must be at least 21 and show handgun competence through in-person training. Qualifying options include hunter safety courses, NRA or USCCA classes, law enforcement training, or any course taught by a certified firearms instructor, provided the training happens in person.10Virginia State Police. Resident Concealed Handgun Permits The court processing fee is $10, and local law enforcement may charge up to $35 for the background investigation. The permit is valid for five years.
Several categories block an application beyond the obvious felony and protective-order disqualifiers. The court must deny a permit to anyone convicted of two or more misdemeanors in the past five years if at least one was a Class 1 misdemeanor, anyone addicted to or unlawfully using controlled substances, and anyone convicted of DUI or public intoxication within the past three years.11Virginia Code Commission. Virginia Code 18.2-308.09 – Disqualifications for a Concealed Handgun Permit The court can also deny a permit based on specific acts suggesting the applicant is likely to use a weapon unlawfully or negligently.
Carrying With a Permit
You have to carry the permit and a government-issued photo ID whenever you’re armed, and display both on demand. Failing to display them is a $25 civil penalty, waivable if you produce valid documents.12Virginia Code Commission. Virginia Code 18.2-308.01 – Carrying a Concealed Handgun With a Permit
Carrying concealed without any permit is a much bigger problem. A first offense is a Class 1 misdemeanor with up to 12 months in jail. A second is a Class 6 felony, and a third or later offense is a Class 5 felony. A prior conviction under a substantially similar local ordinance counts toward that tally.13Virginia Code Commission. Virginia Code 18.2-308 – Carrying Concealed Weapons; Exceptions; Penalty
Carrying concealed while under the influence in a public place is a Class 1 misdemeanor for permit holders. A conviction automatically revokes the permit and bars you from reapplying for five years.14Virginia Code Commission. Virginia Code 18.2-308.012 – Prohibited Conduct
Out-of-State Permits
Virginia recognizes concealed carry permits from other states if the holder is at least 21, carries a valid government-issued photo ID with the permit, and has never had a Virginia CHP revoked.15Virginia State Police. Reciprocity and Recognition Both the permit and the photo ID must be produced on demand.
Where Firearms Are Prohibited
Virginia bans firearms in several categories of locations, and penalties vary with the setting.
Schools
Possessing a firearm on the grounds of any public, private, or religious school from preschool through high school, on a school bus, or at a school-sponsored event is a Class 6 felony. Possession inside a school building coupled with intent to use it, an attempt to use it, or a threatening display carries a five-year mandatory minimum on top of the underlying sentence.16Virginia Code Commission. Virginia Code 18.2-308.1 – Possession of Firearm, Stun Weapon, or Other Weapon on School Property Prohibited; Penalty Child day centers are covered by the same statute.
Polling Places
Firearms are prohibited within 40 feet of any building used as a polling place, from one hour before polls open through one hour after they close. The rule doesn’t apply to law enforcement, people on their own private property within that buffer, or licensed armed security working the area.17Virginia Code Commission. Virginia Code 24.2-604 – Polling Places; Prohibited Activities; Prohibited Area; Penalties
Places of Worship
Bringing a gun, knife, or other dangerous weapon into a place of worship during a religious service or meeting without “good and sufficient reason” is a Class 4 misdemeanor. Courts read that standard narrowly, so a general preference for self-protection may not satisfy it.
Government Buildings and Private Property
State-owned buildings, including Capitol Square in Richmond and executive branch offices, restrict firearm possession. Private property owners, from businesses to restaurants, can ban firearms on their premises. Ignoring a posted no-weapons sign can bring trespassing charges.
Federal Property
Federal facilities in Virginia follow federal law, which overrides state permissions. Possessing a firearm in a federal building, whether a post office, courthouse, or government office, is a federal crime punishable by up to one year in prison, rising to five years if the weapon is carried with intent to commit a crime. Federal court facilities carry up to two years.18Office of the Law Revision Counsel. 18 USC 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities National parks in Virginia generally follow state carry rules in outdoor areas, but any federal building inside a park (visitor center, ranger station, gift shop) falls under the federal ban.
Local Parks and Government Buildings
Virginia used to preempt local firearm regulation almost entirely. The General Assembly has since carved out exceptions. Localities can now ban firearms in public parks and recreation centers they own or operate, in locally owned buildings, and in areas hosting permitted events like festivals, as long as notice is properly posted.19Virginia Code Commission. Virginia Code 15.2-915 – Control of Firearms; Applicability to Authorities and Local Governmental Agencies
The practical problem is that legal carry in one jurisdiction can become an ordinance violation the moment you cross a city or county line. There’s no central database of local firearm ordinances, so the burden of knowing each locality’s rules falls on the gun owner. Ordinance violations generally carry misdemeanor penalties, though the exact classification varies.
Storing Firearms Around Children
Recklessly leaving a loaded, unsecured firearm in a way that endangers a child under 14 is a Class 1 misdemeanor. Knowingly allowing a child under 12 to use a firearm without adult supervision is also a Class 1 misdemeanor. For supervision, an “adult” means a parent, guardian, someone acting in that role, or a person 21 or older with the parent’s permission.20Virginia Code Commission. Virginia Code 18.2-56.2 – Allowing Access to Firearms by Children Virginia does not impose broader safe-storage requirements outside this child-access statute.
Substantial Risk Orders
Virginia’s Substantial Risk Order process lets a judge or magistrate temporarily remove firearms from someone who poses a danger. Only a law enforcement officer or a Commonwealth’s Attorney can file the petition.21Virginia Code Commission. Virginia Code 19.2-152.13 – Emergency Substantial Risk Order On a probable cause finding that the person poses a substantial risk of injury to self or others, an emergency order issues immediately, requiring surrender of all firearms and barring purchase, possession, or transport.
The emergency order lasts 14 days. Within that window the circuit court holds a full hearing where the respondent has the right to counsel and can present evidence. On clear and convincing evidence that the risk continues, the court can issue a final order lasting up to 180 days, extendable for another 180 days if the risk is still present when the extension is sought.22Virginia Code Commission. Virginia Code 19.2-152.14 – Substantial Risk Order
Traveling Through Virginia With a Firearm
Federal law protects interstate transport under 18 U.S.C. § 926A. You may transport a firearm between two places where possession is legal, provided the firearm is unloaded and neither the gun nor any ammunition is readily accessible from the passenger compartment. In a vehicle without a separate trunk, both must sit in a locked container other than the glove compartment or console.23Office of the Law Revision Counsel. 18 USC 926A – Interstate Transportation of Firearms
The protection covers continuous travel. Stopping overnight in a state that prohibits your firearm, or detouring significantly from your route, can void it. Virginia owners heading through more restrictive states nearby should keep the storage requirements in place for the full trip.
NFA Items and Federal Trafficking Penalties
Suppressors, short-barreled rifles, short-barreled shotguns, and weapons classified as “any other weapon” under the National Firearms Act stay regulated but no longer require a $200 tax stamp as of January 1, 2026. The tax for those items is now $0. Machine guns and destructive devices still carry the $200 tax.24Orchid Advisors. 2026 NFA Tax Stamp Changes Every other NFA requirement remains: ATF registration, background check, fingerprinting, passport-style photos, and law enforcement notification.25Bureau of Alcohol, Tobacco, Firearms and Explosives. Application to Make and Register NFA Firearm (ATF Form 5320.1) Virginia adds no state-level restrictions beyond the federal NFA framework.
On the trafficking side, 18 U.S.C. § 933 makes knowingly transferring a firearm to someone you know or have reason to believe is prohibited punishable by up to 15 years in federal prison.26Office of the Law Revision Counsel. 18 USC 933 – Trafficking in Firearms Straw purchases on behalf of a prohibited person carry the same 15-year maximum. If the trafficked weapon is later used in a felony, an act of terrorism, or a drug trafficking crime, the ceiling rises to 25 years. Those penalties stack on top of any Virginia charges.