Open carry laws in Virginia are permissive by default: any adult who can legally possess a firearm may carry it openly in public without a permit. The minimum age is 18 for handguns and firearms classified as “assault firearms” under state law; ordinary rifles and shotguns have no age floor. What trips people up is not the general rule but the exceptions — restricted places, a loaded-firearm rule that applies only in certain cities and counties, and the conduct line that separates lawful carry from a criminal charge.
Who Can Open Carry
You can open carry in Virginia if you are old enough for the type of firearm and not otherwise disqualified from possessing one. For handguns and “assault firearms,” the age minimum is 18.1Virginia Code Commission. Virginia Code 18.2-308.7 – Possession or Transportation of Certain Firearms by Persons Under the Age of 18; Penalty The “assault firearm” category includes semi-automatic center-fire rifles or pistols with magazines over 20 rounds, or designed to accept a silencer or folding stock, plus shotguns with magazines holding more than seven rounds.
You are barred from possessing any firearm if you have a felony conviction, a misdemeanor domestic violence conviction, an active protective order, an involuntary mental health commitment, or an adjudication of legal incompetence.2Virginia Code Commission. Virginia Code 18.2-308.2:2 – Criminal History Record Information Check Required for the Transfer of Certain Firearms; Penalties A substantial risk order can also temporarily bar possession for up to 180 days, renewable once.3Virginia Code Commission. Virginia Code 19.2-152.14 – Substantial Risk Order Federal law adds further prohibitions, including unlawful drug use, fugitive status, and a dishonorable discharge.
Where You Cannot Open Carry
Location restrictions apply to open and concealed carry alike. Penalties vary sharply by place.
Schools and Child Care
Knowingly possessing a firearm on the grounds of any public, private, or religious school (preschool through high school), a child day center, or a school bus is a Class 6 felony.4Virginia Code Commission. Virginia Code 18.2-308.1 – Possession of Firearm, Stun Weapon, or Other Weapon on School Property Prohibited; Penalty It also covers public property being used exclusively for a school function at the time. A Class 6 felony can bring one to five years in prison, though the court may instead impose up to 12 months in jail and a fine of up to $2,500.5Virginia Code Commission. Virginia Code 18.2-10 – Punishment for Conviction of Felony; Penalty
Courthouses
Carrying any firearm, ammunition, or dangerous weapon into a courthouse is a Class 1 misdemeanor — up to 12 months in jail and a $2,500 fine.6Virginia Code Commission. Virginia Code 18.2-283.1 – Carrying Weapon Into Courthouse
Federal Buildings
Possessing a firearm in a federal facility is a federal crime carrying up to one year in prison, and up to two years in a federal court facility.7Office of the Law Revision Counsel. 18 USC 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities
State Buildings and Capitol Square
Firearms are prohibited inside the Virginia Capitol, on Capitol Square, in any building owned or leased by the Commonwealth, and in any office where state employees regularly perform their duties. Concealed handgun permit holders are not exempt.
Polling Places
You cannot possess a firearm within 40 feet of a polling place during voting hours, while ballots are being counted, or within an hour before opening and after closing. Law enforcement, on-duty armed security, and people on their own private property inside that zone are exempt.8Virginia Code Commission. Virginia Code 24.2-604 – Polling Places; Prohibited Activities; Prohibited Area; Penalties
Places of Worship During Services
Carrying a firearm to a place of worship during a religious service without “good and sufficient reason” is a Class 4 misdemeanor with a maximum fine of $250.9Virginia Code Commission. Virginia Code 18.2-283 – Carrying Dangerous Weapon to Place of Religious Worship Virginia’s Attorney General has opined that personal protection qualifies, but that interpretation is not statutory and could shift.
Airport Terminals
Any firearm or ammunition inside an air carrier airport terminal is a Class 1 misdemeanor, and the weapon can be seized.10Virginia Code Commission. Virginia Code 18.2-287.01 – Carrying Weapon in Air Carrier Airport Terminal
Local Government Buildings, Parks, and Events
Localities may ban firearms in government buildings, public parks, recreation and community centers, and on streets adjacent to permitted events. To be enforceable, the locality must post signs where they can reasonably be seen. Violating a posted local ordinance is a Class 1 misdemeanor.11Virginia Code Commission. Virginia Code 15.2-915 – Control of Firearms; Applicability to Authorities and Local Governmental Agencies
Loaded Firearm Restrictions in Certain Cities and Counties
A separate statute limits the loaded firearms you can carry in specific urban jurisdictions. In the cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, and Virginia Beach, and in the counties of Arlington, Fairfax, Henrico, Loudoun, and Prince William, you cannot carry a loaded:
- Semi-automatic center-fire rifle or pistol with a magazine holding more than 20 rounds, designed to accept a silencer, or equipped with a folding stock
- Shotgun with a magazine holding more than seven rounds
The rule covers any public street, sidewalk, right-of-way, park, or place open to the public within those jurisdictions. A violation is a Class 1 misdemeanor. Concealed handgun permit holders are exempt, along with law enforcement, licensed security guards, on-duty military personnel, and anyone lawfully hunting or shooting at an established range.12Virginia Code Commission. Virginia Code 18.2-287.4 – Carrying Loaded Firearms in Public Areas Prohibited; Penalty If you carry one of these firearms in those localities, a concealed handgun permit is the simplest fix even if you plan to carry openly.
Open Carry in a Vehicle
A handgun sitting openly on the seat next to you is open carry, and it is legal. Move that handgun into a glove box, console, or bag where it is out of view and Virginia treats it as concealed. State law carves out an exception: you can keep a handgun in a container or compartment inside your personal vehicle without a permit, provided you are otherwise legally allowed to possess a firearm.13Virginia Code Commission. Virginia Code 18.2-308 – Carrying Concealed Weapons; Exceptions The container does not need to be locked. A closed glove box, console, or bag qualifies.14Virginia State Police. Transporting Firearms Through Virginia This exception applies only to handguns.
Alcohol
Virginia’s alcohol restriction is written for concealed carry. A concealed handgun permit holder may enter a restaurant or bar that serves alcohol but cannot consume any alcoholic beverage while on the premises, and carrying concealed while under the influence in any public place is a Class 1 misdemeanor that also triggers a five-year bar on a new permit.15Virginia Code Commission. Virginia Code 18.2-308.012 – Prohibited Conduct
No Virginia statute explicitly prohibits open carry while consuming alcohol. An intoxicated person openly carrying in a way that frightens others could still face a brandishing charge, and any business can ask you to leave regardless of how you carry.
Open Carry Versus Brandishing
Open carry is legal. Displaying a firearm in a way that would reasonably make another person fear being shot is not. A holstered pistol on your hip is carry. Resting your hand on that pistol during a heated argument can cross into brandishing. The test is whether your conduct would reasonably induce fear in another person’s mind.
Brandishing is a Class 1 misdemeanor. On school property or on public property within 1,000 feet of a school, it becomes a Class 6 felony with a potential sentence of one to five years.16Virginia Code Commission. Virginia Code 18.2-282 – Pointing, Holding, or Brandishing Firearm, Air or Gas Operated Weapon or Object Similar in Appearance; Penalty Justifiable self-defense is an explicit statutory exception.
Private Property and Posted Signs
A property owner or business may prohibit firearms on their premises. Virginia has no separate firearms-trespass statute; the general trespass law does the work. If you have been told not to enter (verbally or by posted sign) and you enter anyway, or you refuse to leave when asked, you can be charged with a Class 1 misdemeanor. That covers “no firearms” signs at stores, restaurants, and other businesses.
Police Encounters
Virginia does not require you to tell a police officer you are carrying during a traffic stop or any other encounter.17Virginia State Police. Firearms/Concealed Weapons FAQ Concealed handgun permit holders carrying concealed outside a vehicle must have the permit and a government-issued photo ID on them and produce both if asked. For permitless open carry there is no equivalent obligation. Volunteering the information calmly, with hands visible, tends to make the encounter go better.
Non-Residents
Non-residents can open carry in Virginia under the same rules as residents, with no Virginia permit and no permit at all required. You must be legally eligible to possess a firearm under both Virginia and federal law; if you are barred at home, you are barred here.17Virginia State Police. Firearms/Concealed Weapons FAQ Virginia’s concealed carry reciprocity agreements apply only to concealed handgun permits and do not affect open carry.