This FAQ answers the questions Virginia carriers and CCW students ask most often. Each answer is grounded in current Virginia statute or, where...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
This FAQ answers the questions Virginia carriers and CCW students ask most often. Each answer is grounded in current Virginia statute or, where Virginia uses common law, in the controlling judicial framework. Cross-references point to the relevant Virginia section for fuller treatment.
Yes. Virginia is not a constitutional-carry state. Under Va. Code 18.2-308(A), carrying a handgun hidden from common observation is a Class 1 misdemeanor on the first offense. A second violation is a Class 6 felony, and a third or subsequent violation is a Class 5 felony. Holding a valid Virginia Concealed Handgun Permit (CHP) is an affirmative defense to the handgun charge under Va. Code 18.2-308.01(A), and the statute also exempts carry in your own home or curtilage (subsection B) and a handgun secured in a container or compartment in your private vehicle (subsection C(8)). See CONSTITUTIONAL_CARRY and CONCEALED_CARRY.
No. Any person who is not prohibited from possessing a firearm may openly carry a handgun in most public places statewide. There is no state permit, license, registration, or training requirement for open carry. See OPEN_CARRY.
Generally yes, statewide, subject to one locality rule. Va. Code 18.2-287.4 makes it a Class 1 misdemeanor, inside 13 named jurisdictions, to carry on a public street, sidewalk, alley, public right-of-way, park, or other place open to the public a loaded semi-automatic center-fire rifle or pistol equipped with a magazine that holds more than 20 rounds, a folding stock, or designed to accommodate a silencer (the statute also covers a loaded shotgun with a magazine over seven rounds). The 13 jurisdictions are the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, and Virginia Beach, and the Counties of Arlington, Fairfax, Henrico, Loudoun, and Prince William. A valid CHP holder, law-enforcement officer, licensed security guard, and military personnel on duty are exempt. Outside those 13 localities, the statute does not apply.
Yes. Under Va. Code 18.2-308.04(C), the court must issue the permit and notify the State Police within 45 days of receiving a completed application unless the applicant is determined to be disqualified. The disqualifiers are fixed by Va. Code 18.2-308.09. Subsection D also lets the court authorize the clerk to issue permits without judicial review when the records check shows no disqualification and there are no outstanding questions.
The clerk of the circuit court of the county or city where you reside processes and issues the permit after the circuit court's review, under Va. Code 18.2-308.02(A) and 18.2-308.04. This is unusual nationally; most states route permits through the sheriff or state police. Nonresidents apply to the Virginia Department of State Police under Va. Code 18.2-308.06(A). See APPLICATION_PROCESS.
The court must issue or determine disqualification within 45 days of receiving a completed application. Va. Code 18.2-308.04(C). If the court misses the deadline, Va. Code 18.2-308.05 directs the clerk to certify the application and mail a copy to the applicant within five business days; that certified application serves as a de facto permit that expires 90 days after issuance, recognized when presented with a valid government-issued photo ID, until the court issues the five-year permit or finds the applicant disqualified.
The total fee is capped at $50 under Va. Code 18.2-308.03(A): up to $10 to the clerk, up to $35 to the local law-enforcement agency for the background investigation, and up to $5 to the State Police. The $35 line includes any FBI fingerprint charge, so applicants are not separately billed for it. Nonresident permits through the State Police are capped at $100 under Va. Code 18.2-308.06(C). See FEES_COSTS.
Five years from the date of issuance. Va. Code 18.2-308.02(A). See RENEWAL_PROCESS.
Yes for initial applications. Va. Code 18.2-308.02(B) requires the applicant to demonstrate competence with a handgun in person through one of nine listed pathways: a hunter education or safety course; an NRA or USCCA firearms course; a public firearms course taught by NRA-, USCCA-, or DCJS-certified instructors; a law-enforcement or security firearms course; organized shooting competition or current or honorably discharged military service; a current or prior Virginia carry license; an in-person course taught by a state-, NRA-, or USCCA-certified instructor; a governmental police firearms course; or any other training the court deems adequate. The statute also provides that no proof of demonstrated competence expires, so a renewal applicant does not retrain. See TRAINING_REQUIREMENTS.
A previously issued permit holder applies for a new five-year permit under Va. Code 18.2-308.010. To have the new permit take effect when the old one expires, the application must reach the court at least 90 days but no more than 180 days before expiration (subsection A(2)). Renewal applications, including a photocopy of valid photo ID, may be submitted by United States mail with no in-person appearance. See RENEWAL_PROCESS.
Yes. Va. Code 18.2-308.06(A) authorizes nonresidents 21 or older to apply directly to the Virginia Department of State Police for a five-year permit. The application requires fingerprints on a State Police card, two photographs, a photocopy of photo ID, and in-person proof of handgun competence under subsection B. The disqualifications in Va. Code 18.2-308.09 apply.
Yes, a CHP holder may carry concealed into an establishment licensed by the Virginia ABC Authority for on-premises consumption. You may not consume alcohol while doing so. Va. Code 18.2-308.012(B) makes carrying a concealed handgun onto such premises and consuming an alcoholic beverage a Class 2 misdemeanor; it does not apply to law-enforcement officers. The owner remains free to bar firearms, and remaining after notice is criminal trespass under Va. Code 18.2-119. See PROHIBITED_PLACES.
Generally no. Va. Code 18.2-308.1 governs preschool through grade 12 (public, private, or religious) and licensed child day centers, including buildings, grounds, school buses, and school-sponsored functions. Possession of a firearm there is a Class 6 felony under subsection B. A narrow CHP carve-out in subsection E(vii) lets a permit holder keep a concealed handgun while inside a motor vehicle in a parking lot, traffic circle, or other vehicular ingress or egress to the school. Exiting the vehicle with the firearm onto school property removes the exemption. The federal Gun-Free School Zones Act, 18 U.S.C. 922(q), adds a 1,000-foot federal zone; a Virginia CHP satisfies the federal license exception because Virginia verifies eligibility before issuing, but a permitless open carrier does not. See PROHIBITED_PLACES.
No. 18 U.S.C. 930 prohibits firearms in federal facilities. Simple knowing possession in a federal facility is punishable by up to 1 year; knowing possession in a federal court facility up to 2 years; and possession with intent that the firearm be used in a crime up to 5 years. A Virginia CHP does not authorize entry. See PROHIBITED_PLACES.
No. Va. Code 18.2-283.1 makes it a Class 1 misdemeanor to possess or transport a firearm into any courthouse in the Commonwealth. The exemptions run to law-enforcement, court officers, judges, and similar officials in the conduct of their duties; there is no general CHP carve-out. See PROHIBITED_PLACES.
No. Va. Code 18.2-283.2 prohibits firearms in the Capitol of Virginia, Capitol Square and the surrounding area, any building owned or leased by the Commonwealth, and any office where Commonwealth employees are regularly present for official duties. A violation is a Class 1 misdemeanor. Notice must be posted, and no one is convicted absent posted or actual notice (subsection F).
Yes. State parks are not a statutory prohibited place for firearms in Virginia, and Va. Code 18.2-283.2 expressly exempts any state park from its building-and-grounds prohibition. A CHP holder, or a non-prohibited open carrier, may carry in a Virginia state park subject to the same conduct rules that apply elsewhere in the Commonwealth.
Sometimes. Va. Code 15.2-915(E) permits a locality to adopt an ordinance prohibiting firearms in locality-owned or operated government buildings, public parks, recreation or community center facilities, and any public street, sidewalk, or right-of-way that is being used by or is adjacent to a permitted event. A number of Virginia localities have enacted such ordinances. Notice must be posted under subsection F. Outside this narrow carve-out, broad local firearm regulation is preempted.
Generally no inside the buildings themselves. Most Virginia public colleges and universities have adopted regulations prohibiting weapons in academic and administrative buildings under their governing boards' authority, and Virginia courts have upheld that authority. Private colleges set their own rules. No state statute categorically bans campus carry, but the institutional regulations function as the operative prohibition. Check the specific institution's policy.
No, including the public ticketing area. Va. Code 18.2-287.01 makes it a Class 1 misdemeanor to possess or transport a firearm or other dangerous weapon into any air carrier airport terminal in the Commonwealth, and it expressly overrides any contrary local rule. A narrow exception covers a passenger lawfully checking or retrieving a firearm with luggage. Past the TSA checkpoint and aboard aircraft, federal law controls; 49 U.S.C. 46505 criminalizes carrying a concealed or accessible weapon into the sterile area or onto an aircraft.
There is a statutory wrinkle. Va. Code 18.2-283 makes it a Class 4 misdemeanor to carry a gun or other dangerous weapon, without good and sufficient reason, to a place of worship while a meeting for religious purposes is being held. The Virginia Attorney General has opined that carrying for personal protection is a good and sufficient reason, and the statute is rarely charged against a CHP holder carrying discreetly for self-defense. Confirm with the congregation, which may also bar firearms as a private property owner.
No. Under Va. Code 24.2-604(A)(iv), it is unlawful to knowingly possess a firearm within 40 feet of a building used as a polling place while the polls are open or ballots are being counted, including the hour before opening and the hour after closing. Election officers must post the 40-foot prohibited area. A violation is a Class 1 misdemeanor. Exceptions cover law enforcement and a person on his own private property within the 40 feet.
Yes, if you may lawfully possess a firearm. Va. Code 18.2-308(C)(8) lets a person carry a handgun in a personal, private motor vehicle or vessel when the handgun is secured in a container or compartment in the vehicle. A glove box, center console, closed range bag, or closed gun case satisfies this; a handgun loose on the seat does not. The handgun may be loaded. See VEHICLE_CARRY.
Virginia has no general statutory parking-lot protection law for private employers. An employer may by policy or contract prohibit firearms on company property, including in employee vehicles. The secured-compartment rule in Va. Code 18.2-308(C)(8) protects against criminal liability but does not override private employer policy, and refusing to leave after notice is criminal trespass under Va. Code 18.2-119. (Va. Code 15.2-915 separately bars a locality from preventing its own employees from storing a lawfully possessed firearm in a locked private vehicle at a locality workplace; that protection runs only to locality employees.)
No. Virginia has no general safe-storage statute. The access-restriction statute is Va. Code 18.2-56.2(A), which makes it a Class 1 misdemeanor to recklessly leave a loaded, unsecured firearm in such a manner as to endanger the life or limb of a child under the age of 14. Each element (loaded, unsecured, reckless, and endangering a child under 14) must be met. See STORAGE.
Under Va. Code 18.2-56.2(B), it is a Class 1 misdemeanor to knowingly authorize a child under 12 to use a firearm except under the supervision of an adult. "Adult" means a parent, guardian, person in loco parentis, or a person 21 or older with the parent's or guardian's permission to supervise. Separately, Va. Code 18.2-308.7 makes it a Class 1 misdemeanor for a person under 18 to knowingly possess or transport a handgun or assault firearm, with exceptions for the person's own or a relative's property, a supervised shooting range or firearms class, lawful hunting, and military duty. See STORAGE.
Not by statute. Virginia self-defense is governed by common law. A person who is without fault in provoking the encounter and is lawfully where he has a right to be has no duty to retreat before using force proportional to the threat. There is no Virginia Code section creating Stand Your Ground. See OVERVIEW.
Not by statute. Virginia has no codified Castle Doctrine. Under common law, a person without fault who is attacked in his home may stand his ground and use force, including deadly force, that is reasonably necessary to repel an imminent threat of death or serious bodily harm. The reasonable-person standard controls. See OVERVIEW.
Under Virginia common law, deadly force is justified only when you reasonably believe it is necessary to prevent imminent death or serious bodily harm to yourself or another, the force is proportional to the threat, and you were not at fault in provoking the confrontation. The standard is objective: whether a reasonable person in the same circumstances would have held the same belief. Virginia's brandishing statute, Va. Code 18.2-282, reflects this framework by exempting a person engaged in excusable or justifiable self-defense from liability for displaying a firearm.
Virginia has no statutory self-defense immunity. A use-of-force justification is an affirmative defense litigated at trial, not a pretrial immunity bar. You may still be arrested, prosecuted, or sued, with the justification raised as a defense.
There is no general statutory duty to volunteer it. Va. Code 18.2-308.01(A) requires a CHP holder carrying a concealed handgun to have the permit on his person and to display the permit and a government-issued photo ID upon demand by a law-enforcement officer. Silence before a demand is not itself an offense. See DUTY_TO_INFORM.
Failure to display the permit and a photo ID on an officer's demand is a $25 civil penalty paid into the state treasury, not a criminal offense. Va. Code 18.2-308.01(B). A court may waive the penalty on later presentation of a valid permit and government-issued photo ID.
Possibly. Under Va. Code 18.2-308.07(A), the clerk provides the issuance order to the State Police, which enters the permittee's name and description in the Virginia Criminal Information Network (VCIN) so that the permit's existence and status are known to law-enforcement personnel accessing the network for investigative purposes. Plan as if the officer already knows.
It depends. Under Va. Code 18.2-308.014(A), a valid out-of-state concealed handgun or concealed weapon permit authorizes carry in Virginia only if (i) the holder is at least 21, (ii) the issuing state provides a means for instantaneous verification of the permit's validity, accessible 24 hours a day if available, (iii) the holder carries a government-issued photo ID and displays both the permit and the ID on an officer's demand, and (iv) the holder has not previously had a Virginia CHP revoked. The Superintendent of State Police enters into the reciprocal-recognition agreements and maintains the operative list. Confirm before traveling.
In many. Virginia CHPs are recognized by a number of states by reciprocal agreement and by most permitless-carry states under their own laws. Reciprocity changes, so confirm with the destination state's official source before relying on a Virginia permit.
No. Va. Code 18.2-308.014 recognizes an issued permit or license, not permitless-carry status. A resident of a constitutional-carry state who holds no issued permit cannot carry concealed in Virginia on home-state status alone. That person may open carry in Virginia (if not prohibited) or obtain a Virginia nonresident CHP under Va. Code 18.2-308.06.
No. Va. Code 18.2-308.2 makes possession or transportation of a firearm by a convicted felon a Class 6 felony. Mandatory minimums attach: a prior conviction of a violent felony as defined in Va. Code 17.1-805 triggers a 5-year mandatory minimum, and a prior conviction of any other felony within the previous 10 years triggers a 2-year mandatory minimum, served consecutively. Federal law at 18 U.S.C. 922(g)(1) applies independently, so a prohibited felon who possesses a firearm risks both state and federal prosecution. See RESTRICTIONS.
Yes at the state level, through two steps. First, the Governor must restore the person's civil rights under Va. Const. Art. V, Sec. 12, which is a prerequisite. Second, the person petitions the circuit court of his residence under Va. Code 18.2-308.2(C) for a restoration order authorizing firearm possession; the court has discretion. A Virginia restoration order does not lift the separate federal disability under 18 U.S.C. 922(g)(1) unless the underlying conviction is itself set aside (for example, by pardon or expungement), because the federal bar turns on the conviction. See RESTRICTIONS.
Yes. The Substantial Risk Order framework is at Va. Code 19.2-152.13 through 19.2-152.15. On the petition of an attorney for the Commonwealth or a law-enforcement officer, and after an independent law-enforcement investigation, a circuit, general district, or J&DR district court judge or a magistrate may issue an ex parte emergency substantial risk order that expires at the end of the fourteenth day (Va. Code 19.2-152.13). Within 14 days, the circuit court holds a hearing and may enter a substantial risk order for up to 180 days on clear and convincing evidence (Va. Code 19.2-152.14). The respondent must surrender firearms and any CHP. Purchasing, possessing, or transporting a firearm while subject to the order is a Class 1 misdemeanor under Va. Code 18.2-308.1:6.
No. As of 2026, Virginia has no state-level "assault weapons" ban; legislative proposals to enact one have not become law. Federal law still applies to NFA-regulated items.
There is no general magazine-capacity possession ban in Virginia. The locality-triggered rule at Va. Code 18.2-287.4 restricts public carry of certain loaded semi-automatic center-fire rifles or pistols with magazines holding more than 20 rounds (and loaded shotguns over seven rounds) in the 13 named jurisdictions. Outside that statute, possession of larger-capacity magazines is not prohibited.
Yes, with federal ATF registration. Virginia imposes no additional state-level prohibition on suppressors, short-barreled rifles or shotguns, or other National Firearms Act items. At the federal level, under Pub. L. 119-21 the NFA making and transfer tax is $200 for a machinegun or destructive device and $0 for other NFA items (such as suppressors, short-barreled rifles, and short-barreled shotguns), effective for calendar quarters beginning more than 90 days after July 4, 2025, with the first qualifying quarter beginning January 1, 2026. Registration and approval are still required. See NFA_ITEMS.
A CHP is a personal authorization to carry a concealed handgun. An FFL is a federal license issued by the ATF under 18 U.S.C. 923 to engage in the business of dealing, manufacturing, or importing firearms. The two serve different functions. Holding a CHP does not let you deal firearms, and holding an FFL does not let you carry concealed.
Yes. Va. Code 18.2-308.2:5 requires the seller in a private sale to obtain verification through a licensed dealer that the buyer has cleared a criminal history record check under Va. Code 18.2-308.2:2 before completing the transfer. A willful violation is a Class 1 misdemeanor for both the seller (subsection C) and the buyer (subsection D). Va. Code 18.2-308.2:2 governs the dealer-conducted check at every covered transfer.
Not from a dealer. 18 U.S.C. 922(b)(1) bars a licensed dealer from selling a handgun to anyone under 21. A Virginia resident 18 to 20 may receive a handgun through a private transfer (subject to the private-sale check under Va. Code 18.2-308.2:5) but cannot purchase a handgun from a Virginia FFL.
No. Virginia has no statutory waiting period on firearm transfers. The State Police criminal history record check is processed at the point of sale.
It depends on the carry method and venue. Va. Code 18.2-308.012(A) makes it a Class 1 misdemeanor for a CHP holder to carry a concealed handgun in a public place while under the influence of alcohol or illegal drugs; conviction revokes the permit and bars reapplication for five years. Va. Code 18.2-308.012(B) separately makes it a Class 2 misdemeanor to carry a concealed handgun onto the premises of an ABC-licensed on-premises establishment and consume alcohol there. Neither subsection addresses open carry, but federal 18 U.S.C. 922(g)(3) (unlawful drug user) and Virginia's brandishing statute, Va. Code 18.2-282, still apply. See UNDER_INFLUENCE.
No. Va. Code 15.2-915 preempts local firearm regulation: no locality may adopt an ordinance governing the purchase, possession, transfer, ownership, carrying, storage, or transport of firearms or ammunition except as expressly authorized by statute. The 2020 amendment in subsection E created a narrow venue carve-out (government buildings, parks, recreation centers, and permitted events). Anything broader is preempted and any pre-July 1, 2004 ordinance is invalid (subsection B).
Yes. Preemption applies to localities, not private property. A store, restaurant, office, or other property owner may post against firearms, ask any carrier to leave, and pursue trespass under Va. Code 18.2-119 if the carrier refuses. CHP status does not override private-property authority; Va. Code 18.2-308.01(C) confirms that a permit does not authorize possession where the property owner prohibits it.
You may carry a concealed handgun in Virginia in a public place only with a valid Virginia CHP issued under Va. Code 18.2-308.04 or a recognized out-of-state permit under Va. Code 18.2-308.014. You may open carry without a permit if you are not a prohibited person, subject to Va. Code 18.2-287.4 in the 13 named jurisdictions and the venue carve-outs under Va. Code 15.2-915(E). Your defensive force is measured against Virginia common-law self-defense, not a statutory Castle Doctrine or Stand Your Ground rule. Confirm the current reciprocity list with the Virginia State Police before relying on an out-of-state permit, and check the prohibited-places framework before carrying into any government, educational, or licensed venue.
Lautenberg Amendment, 18 U.S.C. 922(g)(9). A misdemeanor crime of domestic violence (any misdemeanor that has as an element the use or attempted use of physical force or the threatened use of a deadly weapon, committed against a current or former spouse, parent, guardian, cohabitant, person with a child in common, or similarly situated person) triggers a federal firearm-possession bar that is independent of state law. The bar applies even when the state conviction did not involve a firearm. The 2024 U.S. Supreme Court decision in United States v. Rahimi upheld a related federal disability tied to domestic-violence findings under the Second Amendment.
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