Gun laws in Virginia cover who can buy a firearm, who cannot possess one, where you can carry, and what happens next year when new restrictions on assault firearms take effect. The Commonwealth requires a background check on every sale, allows open carry without a permit, issues concealed handgun permits on a shall-issue basis, and preempts most local gun ordinances with a short list of exceptions. Here is what the rules actually say.
Buying a Firearm
You must be at least 18 to buy a rifle or shotgun from a licensed dealer in Virginia, and at least 21 to buy a handgun from a dealer under federal law.1Virginia State Police. Firearms/Concealed Weapons FAQ The same age floors apply to private sales.
Every firearm sale in Virginia requires a criminal history background check, not just sales at gun stores. A private seller has to route the transaction through a licensed dealer, who submits the buyer’s information to the Department of State Police to run against the National Instant Criminal Background Check System.2Virginia Code Commission. Virginia Code 18.2-308.2:53Virginia Code Commission. Virginia Code 18.2-308.2:2 Buyers need a valid government photo ID showing Virginia residency, and sometimes a second document such as a utility bill or voter registration card to confirm the address.
Lying on the Virginia Firearms Transaction Record (Form SP-65) is a felony.4Virginia State Police. Virginia Firearms Transaction Record SP-65 Virginia also limits handgun purchases to one per 30-day period, with narrow exceptions for concealed handgun permit holders and certain other qualifying buyers.
Who Cannot Possess a Firearm
Several categories of people are barred from possessing or transporting any firearm in Virginia. A convicted felon who knowingly possesses a firearm commits a Class 6 felony, which carries up to five years in prison or, at the court’s discretion, up to 12 months in jail and a fine of up to $2,500.5Virginia Code Commission. Virginia Code 18.2-308.26Virginia Code Commission. Virginia Code 18.2-10 The mandatory minimums escalate with the underlying record:
- A prior violent felony triggers a mandatory minimum of five years in prison.
- Any other felony within the previous ten years triggers a mandatory minimum of two years.5Virginia Code Commission. Virginia Code 18.2-308.2
The prohibition also reaches people adjudicated as mentally incapacitated or involuntarily committed, and anyone who is not a U.S. citizen or lawful permanent resident.5Virginia Code Commission. Virginia Code 18.2-308.2
Protective Orders
If you are the subject of a protective order under several Virginia statutes, including family abuse and stalking orders, you cannot purchase, possess, or transport a firearm while that order is in effect. The rule covers preliminary and emergency orders, not only permanent ones. After service, you have 24 hours to surrender firearms to law enforcement or transfer them to a licensed dealer or someone who can legally possess them.7Virginia Code Commission. Virginia Code 18.2-308.1:4
Domestic Violence Misdemeanors
A misdemeanor conviction for assault and battery against a family or household member committed on or after July 1, 2021, brings a three-year ban on purchasing, possessing, or transporting firearms. Family or household member includes current and former spouses and anyone with whom the person shares a child. Violating the ban is a Class 1 misdemeanor. Rights are restored automatically at the three-year mark unless another disqualifying conviction or protective order intervenes.8Virginia Code Commission. Virginia Code 18.2-308.1:8
Getting Firearm Rights Restored
Someone barred under the felony statute can petition the circuit court in the county or city where they live for a restoration order, but only after the Governor or other appropriate authority has first restored the person’s civil rights. The local Commonwealth’s Attorney receives a copy and may oppose the petition, and the court can hold a hearing. Restoration is discretionary, and the civil-rights step is a separate application through the Governor’s office. The full timeline often runs longer than people expect.5Virginia Code Commission. Virginia Code 18.2-308.2
Open Carry and Concealed Carry
Virginia allows open carry of firearms without a permit for anyone legally allowed to possess one, so long as the firearm is plainly visible. To carry a concealed handgun, you need a Concealed Handgun Permit (CHP). Virginia is a shall-issue state, meaning the circuit court must grant the permit if you meet every statutory requirement.9Virginia Code Commission. Virginia Code 18.2-308.01
How the Permit Works
You apply at the circuit court in your jurisdiction and pay the processing fee set by statute. You must also demonstrate handgun competency in person. Online-only courses do not qualify. Acceptable proof includes an NRA or USCCA safety course, a law-enforcement training course, hunter education, evidence of organized shooting competition, or current military service, among other options listed in the statute.10Virginia Code Commission. Virginia Code 18.2-308.02 A permit is valid for five years. Renewal applicants who previously held a permit can submit the paperwork by mail and do not need to appear in person.11Virginia Code Commission. Virginia Code 18.2-308.010
Carrying a concealed handgun without a valid CHP is a Class 1 misdemeanor for a first offense, punishable by up to 12 months in jail and a fine of up to $2,500.12Virginia Code Commission. Virginia Code 18.2-308
Out-of-State Permits
Virginia recognizes concealed carry permits from other states with conditions. The holder must be at least 21, carry a valid government photo ID, and produce both the permit and ID on demand by law enforcement. Anyone whose Virginia CHP has been revoked does not qualify to carry here on another state’s permit.13Virginia State Police. Reciprocity and Recognition
Restaurants and Alcohol
CHP holders may carry a concealed handgun into a restaurant or club licensed to serve alcohol, but they cannot drink while doing so. Open carry in those establishments is also legal, subject to the same no-drinking rule.
Where Firearms Are Off-Limits
Certain places are closed to firearms regardless of whether you hold a permit.
- Schools: possessing a firearm on the property of any public, private, or religious preschool through high school, on school buses, or at school-sponsored events on public property is a Class 6 felony carrying up to five years in prison.14Virginia Code Commission. Virginia Code 18.2-308.1
- Courthouses: bringing a firearm into any Virginia courthouse is a Class 1 misdemeanor, and the weapon can be seized.15Virginia Code Commission. Virginia Code 18.2-283.1
- Capitol Square and state buildings: firearms are prohibited inside the Capitol, Capitol Square and its surroundings, any building owned or leased by the Commonwealth, and offices where state employees work.16Virginia Code Commission. Virginia Code 18.2-283.2
Local Rules
Virginia preempts most local gun regulation, so a city or county cannot pass its own rules on purchasing, possession, carrying, storage, or transport of firearms unless the General Assembly has expressly allowed it.17Virginia Code Commission. Virginia Code 15.2-915 The carveouts do matter: localities may ban firearms in government buildings, in public parks they own or operate, in recreation and community centers, and on streets, sidewalks, and rights-of-way adjacent to permitted events. Localities that adopt these ordinances have to post notice at entrances. Not every jurisdiction has used this authority, so the rules genuinely differ from one city or county to the next.
Assault Firearms Ban Beginning July 1, 2026
Starting July 1, 2026, Virginia prohibits the import, sale, manufacture, purchase, or transfer of assault firearms and large-capacity ammunition feeding devices. Senate Bill 749, enacted as Chapter 1107, makes a violation a Class 1 misdemeanor punishable by up to 12 months in jail and a fine of up to $2,500, and anyone convicted also loses the right to purchase, possess, or transport any firearm for three years.18Virginia Legislative Information System. SB749 – 2026 Regular Session19Virginia Code Commission. Virginia Code 18.2-11
The law carves out antique firearms, weapons rendered permanently inoperable, and firearms that operate manually by bolt, pump, lever, or slide action.18Virginia Legislative Information System. SB749 – 2026 Regular Session If you already own a firearm that fits the new definition of assault firearm, the statute restricts future sales and transfers but does not require you to surrender it. Anyone who owns or is thinking about buying a semi-automatic rifle or pistol should read the bill’s specific definitions before the effective date.
Red Flag Orders
Virginia’s Substantial Risk Order statute lets law enforcement or a Commonwealth’s Attorney petition a judge or magistrate for an Emergency Substantial Risk Order when someone poses a serious risk of injuring themselves or others with a firearm. If the official finds probable cause, the emergency order issues immediately and lasts 14 days, during which the person has to surrender all firearms and any concealed handgun permit.20Virginia Code Commission. Virginia Code 19.2-152.13
Within that 14 days, a circuit court holds a full hearing. To extend the order for up to 180 days, the Commonwealth must prove by clear and convincing evidence that the person poses a substantial risk. The proceedings are civil, but violating the order is a crime.21Virginia Code Commission. Virginia Code Title 19.2 Chapter 9.2
Self-Defense
Virginia has no statutory stand-your-ground law and no codified castle doctrine. Self-defense principles come from case law. Reasonable force is available when you reasonably believe you face imminent bodily harm, and deadly force is justified only when you reasonably believe it is necessary to prevent imminent death or serious injury.
Virginia courts have recognized that a person inside their own home generally has no duty to retreat before using force against an unlawful intruder, which functions as a common-law castle doctrine. Outside the home, Virginia case law has historically imposed some expectation of retreat where it can be done safely before using deadly force, evaluated on the facts. A self-defense claim also fails if you were the initial aggressor or provoked the confrontation.
Storage and Children
Virginia does not require firearms to be locked or stored in any particular way, and there is no state requirement that a locking device accompany a sale. What is illegal is recklessly leaving a loaded, unsecured firearm where a child under 14 can access it and be endangered. It is also unlawful to let a child under 12 use a firearm unless the child is supervised by a parent, guardian, or another adult at least 21 years old who has the parent’s permission.