Virginia requires a Concealed Handgun Permit (CHP) to carry a concealed handgun. Virginia is not a permitless concealed-carry state, although open carry of...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
Virginia requires a Concealed Handgun Permit (CHP) to carry a concealed handgun. Virginia is not a permitless concealed-carry state, although open carry of a handgun is generally lawful without a permit. Virginia residents apply for a CHP at the clerk of the circuit court of the county or city where they live, not the sheriff or the State Police. Nonresidents follow a separate track and apply to the Virginia Department of State Police. Both paths use the disqualifier list in Va. Code 18.2-308.09, and both require an in-person demonstration of handgun competence. The court (for residents) or the State Police (for nonresidents) must act within statutory windows. If the resident circuit court misses the 45-day deadline in Va. Code 18.2-308.04(C), the clerk-certified application functions as a de facto permit under Va. Code 18.2-308.05 for up to 90 days while review continues.
This section walks the procedure step by step. For who can apply, the disqualifier list, fees, training pathways, the five-year term, and renewal mechanics, see the Permit Basics section.
Under Va. Code 18.2-308.02(A), a person 21 years of age or older applies in writing to the clerk of the circuit court of the county or city in which he resides. A member of the United States Armed Forces stationed outside the Commonwealth applies in the county or city where he is domiciled, which Va. Code 18.2-308.02(F) defines as the home of record claimed with the Armed Forces. There is no requirement regarding the length of time the applicant has been a resident or domiciliary. Va. Code 18.2-308.02(A).
Each clerk's office sets its own counter hours, accepted payment methods, and electronic-filing options. Call the clerk's office before you go. Several of the larger jurisdictions accept electronic applications through county portals, while smaller jurisdictions require in-person filing.
The application is on a form prescribed by the Department of State Police, in consultation with the Supreme Court, and may request only the information necessary to determine eligibility for the permit. Va. Code 18.2-308.02(A). The Virginia State Police publishes this statewide application (Form SP-248), available from the State Police website and at every circuit court clerk's office.
The form requests, but does not require, an email or other electronic address where a notice of permit expiration can be sent under Va. Code 18.2-308.010. Va. Code 18.2-308.02(A). Provide one if you want a renewal reminder. No information or documentation other than what is allowed on the application may be requested or required by the clerk or the court. Va. Code 18.2-308.02(A).
Va. Code 18.2-308.02(B) requires proof that the applicant has demonstrated competence with a handgun in person. Any one of nine statutory pathways satisfies the requirement: hunter education, an NRA or USCCA safety or training course, a public safety or training course taught by NRA-, USCCA-, or DCJS-certified instructors, a law-enforcement or security firearms course, equivalent experience through organized shooting competition or current military service or an honorable discharge, a prior Virginia carry license (unless revoked for cause), an in-person course taught by a state-, NRA-, or USCCA-certified instructor, a governmental police agency firearms course, or any other firearms training the court deems adequate. Va. Code 18.2-308.02(B). No applicant may be required to submit to any additional demonstration of competence, and no proof of demonstrated competence expires. Va. Code 18.2-308.02(B). The full list and the proof-of-completion rules are in the Training Requirements section.
Bring the documentation with your application. Acceptable proof is a photocopy of a certificate of completion, an affidavit from the instructor, school, club, organization, or group that conducted the course, or any document showing course completion or participation in firearms competition. Va. Code 18.2-308.02(B).
At a minimum:
Some clerks ask first-time applicants to bring extra copies of the application or training certificate, or a self-addressed stamped envelope, to speed processing. Confirm local extras with your clerk's office before filing.
For initial applications, applicants generally appear at the clerk's office. The clerk enters on the application the date on which the application and all other required information is received. Va. Code 18.2-308.04(A). That date starts the 45-day clock. Many clerks list mail-in service as available only for renewals, so confirm local practice before relying on it.
Under Va. Code 18.2-308.03(A), the total amount assessed for processing an application may not exceed $50, paid in one sum to the person who receives the application:
Payment may be made by any method the court accepts for other fees or penalties. No payment is required until the court has received a complete application. Va. Code 18.2-308.03(A).
No fee is charged to certain retired officers: retired magistrates of the Commonwealth; retired Virginia ABC special agents or state, wildlife-resources, sheriff, or local police officers after 15 years of service or age 55; retired federal law-enforcement officers from the listed agencies after 15 years or age 55; retired law-enforcement officers from any U.S., D.C., or territorial police or sheriff's department after 15 years; retired officers from any combination of those agencies after 15 years; retired Coast Guard boarding team members or boarding officers after 15 years or age 55; retired correctional officers as defined in Va. Code 53.1-1 after 15 years; and retired probation and parole officers under Va. Code 53.1-143 after 15 years. Va. Code 18.2-308.03(B).
The resident application statute does not impose a statewide fingerprint requirement, but local ordinances may require fingerprints. Where fingerprinting is required, the clerk or local police take the prints and forward them through the Central Criminal Records Exchange (CCRE) for state and national criminal history record checks. If your locality requires fingerprints, expect a separate appointment with the police department or sheriff's office.
Upon receipt of the completed application, the court consults with either the sheriff or the police department of the county or city and receives a report from the Central Criminal Records Exchange. Va. Code 18.2-308.04(B). Where fingerprints are taken, the prints go through CCRE for a national check. Local procedure varies. Some departments may ask the applicant for a voluntary interview if the check raises a possible disqualification.
The applicant is checked against the disqualifier list in Va. Code 18.2-308.09, which includes persons prohibited from possessing firearms, persons subject to certain protective or restraining orders, recent DUI or public-drunkenness convictions, recent drug-related convictions, two or more misdemeanors within five years where at least one is a Class 1 misdemeanor, certain assault, brandishing, illegal-discharge, sexual-battery, or stalking convictions, aliens other than lawful permanent residents, persons dishonorably discharged, fugitives, and a catch-all finding that the applicant is likely to use a weapon unlawfully or negligently to endanger others. See the Permit Basics section for the full list.
The court must issue the permit by United States mail and notify the State Police of the issuance within 45 days of receipt of the completed application, unless the applicant is determined to be disqualified. Va. Code 18.2-308.04(C). Any order denying issuance must comply with Va. Code 18.2-308.08. Va. Code 18.2-308.04(C).
If the criminal history records check does not indicate a disqualification and, after the law-enforcement consultation, there are no outstanding questions or issues, the court may authorize the clerk to issue the permit without judicial review. Va. Code 18.2-308.04(D). A clerk issuing permits this way is immune from suit unless grossly negligent or guilty of willful misconduct. Va. Code 18.2-308.04(D). The same 45-day clock applies whether the judge or the clerk signs.
The permit specifies only the permittee's name, address, date of birth, gender, height, weight, hair color, eye color, and signature; the signature of the issuing judge or the authorized clerk; the date of issuance; and the expiration date. Va. Code 18.2-308.04(E). It is comparable in size to a Virginia driver's license, may be laminated, and is otherwise of a uniform style prescribed by the Department of State Police. Va. Code 18.2-308.04(E).
Va. Code 18.2-308.05 is the safety valve. If the court has not issued the permit or determined that the applicant is disqualified within 45 days of the date of receipt noted on the application, the clerk certifies on the application that the 45-day period has expired and mails or emails a copy of the certified application to the applicant within five business days. Va. Code 18.2-308.05. That certified application serves as a de facto permit, which expires 90 days after issuance and is recognized as a valid CHP when presented with a valid government-issued photo identification under Va. Code 18.2-308.01(A), until the court issues a five-year permit or finds the applicant disqualified. Va. Code 18.2-308.05.
If the applicant is found disqualified after the de facto permit is issued, the applicant must surrender it to the court, and the disqualification is deemed both a denial of the permit and a revocation of the de facto permit. Va. Code 18.2-308.05. Carry the certified application copy and a government-issued photo ID together. The de facto permit does not waive the rules: the display-on-demand obligation in Va. Code 18.2-308.01(A) and the prohibited-places list still apply.
The clerk provides the issuance order, or the certified de facto application, to the State Police and to the law-enforcement agencies of the county or city. Va. Code 18.2-308.07(A). The State Police enters the permittee's name and description into the Virginia Criminal Information Network (VCIN) so that the permit's existence and current status are made known to law-enforcement personnel accessing the network for investigative purposes. Va. Code 18.2-308.07(A). The State Police withholds VCIN permittee information from public disclosure, with narrow exceptions for ongoing investigations and qualifying law-enforcement contracts, and for nonresident-permit records and aggregate statistical summaries. Va. Code 18.2-308.07(C).
Nonresident applications run on a parallel statute. Under Va. Code 18.2-308.06(A), nonresidents 21 years of age or older apply in writing to the Virginia Department of State Police for a five-year permit. Local circuit courts have no role.
Request the package from the Virginia State Police Firearms Transaction Center. The package and form are provided by the Department of State Police and require only the information necessary to determine eligibility. Va. Code 18.2-308.06(A).
The nonresident submission, under Va. Code 18.2-308.06(A), must include:
The applicant must demonstrate competence with a handgun in person by one of the nine pathways in Va. Code 18.2-308.06(B). The pathways mirror the resident list, with the final catch-all reading "any other firearms training that the Virginia Department of State Police deems adequate" rather than the court-deems-adequate language used for residents in Va. Code 18.2-308.02(B)(9). The same forms of proof apply: a photocopy of a certificate of completion, an instructor or organization affidavit, or a document showing completion or competition participation. Va. Code 18.2-308.06(B).
The State Police forwards the fingerprints through the Central Criminal Records Exchange to the FBI for state and national criminal history record information. The permit requirement and restriction provisions of Va. Code 18.2-308.02(C) (materially false statement as perjury) and the disqualifiers in Va. Code 18.2-308.09 apply, mutatis mutandis, to the nonresident track. Va. Code 18.2-308.06(A). If the permittee is later found disqualified, the permit is revoked and must be returned. Va. Code 18.2-308.06(A).
The Superintendent of State Police promulgates regulations for the nonresident application process under the Administrative Process Act (Va. Code 2.2-4000 et seq.). Va. Code 18.2-308.06(E). Those regulations are codified in the Virginia Administrative Code at 19VAC30-190.
The nonresident permit contains only the permittee's name, address, date of birth, gender, height, weight, hair color, eye color, and photograph; the signature of the Superintendent of the State Police or his designee; the date of issuance; and the expiration date. Va. Code 18.2-308.06(D). The State Police enters the nonresident permittee's name and description in the Virginia Criminal Information Network so the permit's existence and current status are known to law-enforcement personnel. Va. Code 18.2-308.07(B).
The nonresident statute sets no 45-day clock, so processing time depends on State Police workload and on whether the package is complete.
The application form may request only the information necessary to determine eligibility, and neither the clerk nor the court may demand any document beyond what the form allows. Va. Code 18.2-308.02(A).
Confidentiality. The clerk withholds from public disclosure the applicant's name and any other information contained in a permit application or any order issuing a CHP, except for disclosure to a law-enforcement officer acting in the performance of official duties or to the applicant with respect to his own information. Va. Code 18.2-308.02(D). This prohibition does not reach a reference to the issuance of a CHP in any order book before July 1, 2008, but all other clerk-maintained CHP records are withheld. Va. Code 18.2-308.02(D).
Materially false statements. Making a materially false statement in a CHP application constitutes perjury, punishable as provided in Va. Code 18.2-434. Va. Code 18.2-308.02(C). If the perjury amounts to a felony, the resulting conviction makes the applicant a prohibited person under Va. Code 18.2-308.2 and therefore disqualified under Va. Code 18.2-308.09(6).
Only a circuit court judge may deny a resident application. Va. Code 18.2-308.08(A). Any denial order must state the basis for the denial, including the specific reason under Va. Code 18.2-308.09 if applicable, and the clerk must give written notice of the applicant's right to an ore tenus hearing and of the requirements for perfecting an appeal. Va. Code 18.2-308.08(A).
The ore tenus hearing is not automatic. On request made within 21 days, the court places the matter on the docket for a hearing. Va. Code 18.2-308.08(B). The applicant may be represented by retained counsel, but counsel is not appointed, and the rules of evidence apply. The final order must include the court's findings of fact and conclusions of law. Va. Code 18.2-308.08(B).
A person denied a permit by the circuit court may appeal to the Court of Appeals. Va. Code 18.2-308.08(C). The notice of appeal is filed with the clerk of the circuit court, and the opening brief must be filed with the Court of Appeals within 60 days of the expiration of the time for requesting an ore tenus hearing, or, if a hearing was requested, within 60 days of the entry of the final order following the hearing. Va. Code 18.2-308.08(C). The opening brief must be accompanied by a copy of the original papers, including the denial order. The decision of the Court of Appeals is final, and if the denial is reversed, the Commonwealth pays the applicant's taxable costs. Va. Code 18.2-308.08(C).
For nonresident applications, the State Police makes the determination administratively. Nonresident appeal procedures follow the State Police regulations at 19VAC30-190 and the Administrative Process Act rather than the resident ore tenus mechanism.
| Step | Resident path | Nonresident path |
|---|---|---|
| Issuing authority | Clerk of the circuit court of county or city of residence | Virginia Department of State Police |
| Statutory basis | Va. Code 18.2-308.02, 18.2-308.04 | Va. Code 18.2-308.06 |
| Minimum age | 21 | 21 |
| Residency requirement | Any length; or domiciled if active military | Resident of another state |
| Photo ID | Commonwealth-issued, DoD, or U.S. passport | State of residency ID, DoD, or U.S. passport |
| Competence proof | In person; 9 pathways (Va. Code 18.2-308.02(B)) | In person; 9 pathways (Va. Code 18.2-308.06(B)) |
| Fingerprints | Required only where local ordinance requires | Required; obtained by local or state law-enforcement agency |
| Fee cap | $50 total (Va. Code 18.2-308.03(A)) | $100 (Va. Code 18.2-308.06(C)) |
| Statutory deadline | 45 days from complete application (Va. Code 18.2-308.04(C)) | None set by statute |
| Safety valve | De facto permit valid 90 days (Va. Code 18.2-308.05) | None |
| Denial authority | Circuit court judge only (Va. Code 18.2-308.08(A)) | State Police administrative determination |
| Appeal | Ore tenus within 21 days; Court of Appeals within 60 days (Va. Code 18.2-308.08(B), (C)) | Per 19VAC30-190 and the Administrative Process Act |
| VCIN entry | Clerk forwards order to State Police (Va. Code 18.2-308.07(A)) | State Police enters directly (Va. Code 18.2-308.07(B)) |
| Confidentiality | Records withheld from public disclosure (Va. Code 18.2-308.02(D)) | State Police withholds VCIN data (Va. Code 18.2-308.07(C)) |
If you are advising students: Virginia residents file at the circuit court clerk in their county or city of residence. Bring the application form, a Commonwealth-issued photo ID (or a DoD ID or State Department passport), proof of in-person training, and up to $50. The clerk dates the application, the court consults the local sheriff or police and the Central Criminal Records Exchange, and the court must issue or deny within 45 days. If day 46 arrives without action, the clerk certifies the application as a de facto permit under Va. Code 18.2-308.05, which you carry with a photo ID for up to 90 days while continuing to follow Virginia's display-on-demand rule. Nonresidents apply through the Virginia State Police, not a circuit court, and pay up to $100. The disqualifier list in Va. Code 18.2-308.09 applies to both paths.
This page covers one part of our Virginia concealed carry guide.
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