Virginia is a shall-issue state for the Concealed Handgun Permit (CHP). If you are at least 21 and not disqualified under Va. Code § 18.2-308.09, the...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
Virginia is a shall-issue state for the Concealed Handgun Permit (CHP). If you are at least 21 and not disqualified under Va. Code § 18.2-308.09, the circuit court of the county or city where you reside must issue you a five-year CHP within 45 days of receiving a complete application. Va. Code § 18.2-308.02(A); § 18.2-308.04(C). The statute does not impose a U.S.-citizenship prerequisite at the application stage. Instead, § 18.2-308.09(10) disqualifies "an alien other than an alien lawfully admitted for permanent residence in the United States," so in practice a non-LPR alien cannot qualify.
Virginia is not a constitutional-carry state for concealed carry. Carrying a handgun concealed in public, outside your own place of abode and its curtilage or your own place of business, requires a valid CHP. Under Va. Code § 18.2-308(A), carrying a concealed handgun (or other listed weapon) hidden from common observation is a Class 1 misdemeanor for a first offense. A second violation, or a conviction after a conviction under any substantially similar local ordinance, is a Class 6 felony, and a third or subsequent violation is a Class 5 felony. Holding a valid CHP at the time of the offense is an affirmative defense to the handgun clause. § 18.2-308(A). The offense does not apply while you are in your own place of abode or its curtilage. § 18.2-308(B).
Two features are unusual about Virginia. First, the issuing authority is the circuit court (the clerk of the circuit court processes and issues the permit), not the sheriff or State Police. Second, you must demonstrate handgun competency in person; online-only training does not qualify. § 18.2-308.02(B).
Under Va. Code § 18.2-308.02(A), any person 21 years of age or older may apply in writing to the clerk of the circuit court of the county or city in which the applicant resides, or, if the applicant is a member of the United States Armed Forces stationed outside the Commonwealth, the county or city in which the applicant is domiciled. There is no minimum length-of-residency requirement. The applicant must present one valid form of photo identification issued by a governmental agency of the Commonwealth, the U.S. Department of Defense, or the U.S. State Department (passport). No information or documentation other than that allowed on the application may be requested or required by the clerk or the court.
For purposes of this section, a member of the United States Armed Forces is domiciled in the county or city where the member claims home of record with the Armed Forces. § 18.2-308.02(F).
A separate nonresident track exists. Under Va. Code § 18.2-308.06(A), nonresidents 21 or older may apply in writing to the Virginia Department of State Police for a five-year nonresident permit. The disqualification grounds in § 18.2-308.09 and the perjury provision in subsection C of § 18.2-308.02 apply to nonresident applicants. The nonresident program is administered by the State Police under regulations the Superintendent promulgates pursuant to the Administrative Process Act. § 18.2-308.06(E).
The court must issue the permit unless you fall within a disqualifier listed in Va. Code § 18.2-308.09. The statute enumerates the following categories:
A materially false statement in the application is perjury, punishable as provided in Va. Code § 18.2-434. § 18.2-308.02(C).
The court must require proof that the applicant has demonstrated competence with a handgun in person. Va. Code § 18.2-308.02(B). Any one of the following pathways satisfies the requirement, and no applicant may be required to submit any additional demonstration of competence, nor does any proof of demonstrated competence expire:
Proof of completion may be a photocopy of a certificate of completion, an affidavit from the instructor, school, club, organization, or group that conducted the course or class, or a copy of any document that shows completion of the course or evidences participation in firearms competition. § 18.2-308.02(B).
Renewal exception. Persons who have previously held a Virginia CHP are not required to provide any proof of training or demonstration of competence for a renewal. The competence requirement applies to initial applications. § 18.2-308.010(A)(1).
Under Va. Code § 18.2-308.03(A), the application fee is capped at $50 total:
Payment may be made by any method the court accepts for other fees or penalties. No payment is required until the application is received by the court as a complete application. § 18.2-308.03(A).
Fee waivers. Under § 18.2-308.03(B), no fee is charged for issuance of a permit to a person who has retired from service in one of the categories the statute lists, including (i) as a magistrate in the Commonwealth; (ii) as a special agent with the Virginia Alcoholic Beverage Control Authority or as a law-enforcement officer with the Department of State Police, the Department of Wildlife Resources, or a sheriff or police department of a political subdivision, after 15 years of service or after reaching age 55; (iii) as a federal law-enforcement officer with one of the listed federal agencies after 15 years of service or after reaching age 55; (iv) as a law-enforcement officer with any U.S. police or sheriff's department after 15 years of service; and the other categories enumerated in the statute.
Nonresident fee. Under § 18.2-308.06(C), the Department of State Police may charge a fee not to exceed $100 to cover the cost of the background check and issuance of the permit.
Under Va. Code § 18.2-308.04:
A court may authorize the clerk to issue permits without judicial review to applicants who have submitted complete applications, for whom the criminal history records check does not indicate a disqualification, and about whose applications there are no outstanding questions or issues after consultation with the sheriff or police department. The clerk is immune from suit for such issuances unless grossly negligent or engaged in willful misconduct. § 18.2-308.04(D).
The physical permit is of a size comparable to a Virginia driver's license, may be laminated, and is of a uniform style prescribed by the Department of State Police. It carries the permittee's name, address, date of birth, gender, height, weight, hair color, eye color, and signature; the signature of the issuing judge or clerk; the date of issuance; and the expiration date. § 18.2-308.04(E).
Application complete. An application is deemed complete when all required information, including the fee, is delivered to and received by the clerk before or at the same time as the criminal history records check. § 18.2-308.02(E).
Fingerprints. A nonresident applicant must submit fingerprints on a card provided by the State Police, forwarded through the Central Criminal Records Exchange to the FBI. § 18.2-308.06(A). For resident applicants, the statute does not itself require fingerprinting, though a locality may require it by ordinance.
Confidentiality. The clerk withholds from public disclosure the applicant's name and any other information in a permit application or any order issuing a permit, except as to a law-enforcement officer acting in the performance of official duties and the applicant's own information. § 18.2-308.02(D).
The 45-day issuance deadline carries a built-in remedy. Under Va. Code § 18.2-308.05, 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 of the expiration of that period. The certified application serves as a de facto permit that expires 90 days after issuance and is recognized as a valid CHP when presented with a valid government-issued photo identification under § 18.2-308.01(A), until the court issues a five-year permit or finds the applicant disqualified. If the applicant is found disqualified after the de facto permit issues, the applicant must surrender it, and the disqualification is deemed a denial of the permit and a revocation of the de facto permit. § 18.2-308.05.
Section 18.2-308.07(A) confirms this mechanism by treating "the copy of the permit application certified by the clerk as a de facto permit pursuant to § 18.2-308.05" as a basis for entry into the Virginia Criminal Information Network.
A Virginia CHP is valid for five years from issuance. Va. Code § 18.2-308.02(A). Renewal is governed by § 18.2-308.010.
Renewal window. If a new five-year permit is issued while an existing permit remains valid, the new permit becomes effective on the expiration date of the existing permit, provided the application is received by the court at least 90 days but no more than 180 days before expiration. § 18.2-308.010(A)(2).
No in-person appearance for renewals. Persons who previously held a Virginia CHP under this article are not required to appear in person to apply for a new five-year permit. The renewal application, including a photocopy of valid photo ID, may be submitted via United States mail. § 18.2-308.010(A)(1).
No retraining for renewal. Renewal applicants are not required to provide any proof of training or demonstration of competence. § 18.2-308.010(A)(1).
Deployed military. If a permit holder is a member of the Virginia National Guard, the U.S. Armed Forces, or the Armed Forces Reserves, and the five-year permit expires during an active-duty military deployment outside the permittee's county or city of residence, the permit remains valid for 90 days after the end date of the deployment. The permittee must carry and display, on request of a law-enforcement officer, a copy of the deployment orders or other commanding-officer documentation indicating the deployment's start and end dates. § 18.2-308.010(B).
Expiration notice. If the clerk has an electronic system with notification capability and the permit holder requested electronic notice on the application form, the clerk must notify the holder by email at least 90 days before expiration. Failure of the clerk to send or the holder to receive the notice does not extend the permit's validity. § 18.2-308.010(C).
Under Va. Code § 18.2-308.01(A), a CHP holder carrying a concealed handgun must have the permit on his person at all times while carrying and must display the permit and a photo identification issued by a government agency of the Commonwealth, the U.S. Department of Defense, or the U.S. State Department (passport) upon demand by a law-enforcement officer. Virginia imposes no separate affirmative duty to inform an officer that you are armed; the obligation is display on demand.
A nonresident permit holder carrying in Virginia must have the nonresident permit on his person at all times while carrying a concealed handgun in the Commonwealth and must display it on demand. § 18.2-308.01(A).
A person whose permit is extended due to deployment must carry and display, on request, a copy of the documents required by § 18.2-308.010(B). § 18.2-308.01(A).
Penalty for failure to display. Failure to display the permit and photo ID upon demand is punishable by a $25 civil penalty paid into the state treasury. A court may waive the penalty upon presentation of a valid permit and a government-issued photo ID. § 18.2-308.01(B).
Limits of the permit. Under § 18.2-308.01(C), the grant of a CHP does not authorize possession of any handgun or other weapon on property or in places where possession is otherwise prohibited by law or by the owner of private property. The CHP lifts only the § 18.2-308 concealed-carry prohibition; the prohibited-places rules and private-property exclusions still apply.
Under Va. Code § 18.2-308.011:
Under Va. Code § 18.2-308.012(A), any CHP holder who is under the influence of alcohol or illegal drugs while carrying a concealed handgun in a public place is guilty of a Class 1 misdemeanor. Conviction of any of the following is prima facie evidence, subject to rebuttal, that the person is "under the influence": manslaughter under § 18.2-36.1, maiming under § 18.2-51.4, DUI under § 18.2-266, public intoxication under § 18.2-388, or DUI of a commercial vehicle under § 46.2-341.24. On conviction, the court revokes the permit and notifies the issuing circuit court. A person convicted under this subsection is ineligible to apply for a CHP for five years.
Under § 18.2-308.012(B), no person carrying a concealed handgun onto the premises of a restaurant or club licensed by the Virginia ABC Authority for on-premises alcoholic-beverage consumption may consume an alcoholic beverage while on the premises. Doing so is a Class 2 misdemeanor. This does not apply to federal, state, or local law-enforcement officers.
Under Va. Code § 18.2-308.013(A), any person convicted of an offense that would disqualify the person under § 18.2-308.09, or who violates subsection C of § 18.2-308.02, forfeits the CHP and must surrender it to the court. The Central Criminal Records Exchange notifies the issuing court of any disqualifying arrest, conviction, or event; on receipt of a conviction notice, the court revokes the permit and notifies the State Police and the permit holder.
Under § 18.2-308.013(B), a holder with a pending felony charge, or a pending charge for an offense listed in subdivision 14 or 15 of § 18.2-308.09, may have the permit suspended by the court before which the charge is pending or by the issuing court.
Under § 18.2-308.013(C), the court must revoke the permit of any individual for whom it would be unlawful to purchase, possess, or transport a firearm under § 18.2-308.1:2 or § 18.2-308.1:3.
Under Va. Code § 18.2-308.014(A), a valid concealed handgun or concealed weapon permit or license issued by another state authorizes the holder, who must be at least 21 years of age, to carry a concealed handgun in Virginia, provided:
(i) the issuing authority provides the means for instantaneous verification of the validity of all such permits or licenses issued within that state, accessible 24 hours a day if available; (ii) the holder carries a photo identification issued by a government agency of any state or by the U.S. Department of Defense or U.S. Department of State and displays the permit or license and the ID upon demand by a law-enforcement officer; and (iii) the holder has not previously had a Virginia CHP revoked.
The Superintendent of State Police enters into reciprocal-recognition agreements with states that require an agreement before recognizing a Virginia CHP. The Attorney General provides legal assistance to the Superintendent and, where another state requires the Attorney General to execute or formally approve the agreement, must do so and return it to the Superintendent within 30 days of written notice. § 18.2-308.014(A).
For reciprocity participation, the official government-issued law-enforcement identification card of an active-duty Virginia law-enforcement officer who is exempt from obtaining a CHP is deemed a concealed handgun permit. § 18.2-308.014(B).
The current list of states that recognize Virginia CHPs, and the states whose permits Virginia recognizes, is published by the Virginia State Police. Confirm both lists before traveling.
Under Va. Code § 18.2-308.06(A), nonresidents 21 or older may apply in writing to the Virginia Department of State Police for a five-year permit. The applicant must submit:
The perjury provision of subsection C of § 18.2-308.02 and the disqualifications of § 18.2-308.09 apply to nonresident applications. § 18.2-308.06(A).
Demonstration of competence with a handgun in person follows essentially the same pathways as the resident application, except that pathway 9 reads "Completing any other firearms training that the Virginia Department of State Police deems adequate" rather than the court-deems-adequate language used in the resident statute. § 18.2-308.06(B).
Nonresident fee. The Department of State Police may charge a fee not to exceed $100, deposited in a special account to offset administration costs. § 18.2-308.06(C).
Permit contents. Name, address, date of birth, gender, height, weight, hair color, eye color, photograph, signature of the Superintendent or designee, date of issuance, and expiration date. § 18.2-308.06(D).
The Superintendent promulgates regulations for nonresident permits under the Administrative Process Act. § 18.2-308.06(E).
| Item | Authority | Rule |
|---|---|---|
| Carrying concealed without a permit | § 18.2-308(A) | Class 1 misdemeanor (1st); Class 6 felony (2nd); Class 5 felony (3rd+) |
| Issuing authority (resident) | § 18.2-308.02(A) | Circuit court of county or city of residence (clerk processes/issues) |
| Issuing authority (nonresident) | § 18.2-308.06(A) | Virginia Department of State Police |
| Minimum age | § 18.2-308.02(A); § 18.2-308.06(A) | 21 |
| Term | § 18.2-308.02(A) | 5 years |
| Issuance deadline (resident) | § 18.2-308.04(C) | 45 days from completed application |
| De facto permit | § 18.2-308.05 | Certified application is a de facto permit; expires 90 days after issuance |
| Total fee cap (resident) | § 18.2-308.03(A) | $50 ($10 clerk + up to $35 local LE + up to $5 State Police) |
| Nonresident fee cap | § 18.2-308.06(C) | $100 |
| Competence requirement | § 18.2-308.02(B) | In person; nine qualifying pathways |
| Renewal training | § 18.2-308.010(A)(1) | None required |
| Renewal window | § 18.2-308.010(A)(2) | 90 to 180 days before expiration |
| Renewal mail-in | § 18.2-308.010(A)(1) | Permitted; no in-person appearance |
| Display on demand | § 18.2-308.01(A) | Permit + government-issued photo ID |
| Failure to display | § 18.2-308.01(B) | $25 civil penalty |
| Carrying under influence | § 18.2-308.012(A) | Class 1 misdemeanor + 5-year permit ban |
| Drinking while carrying at licensed premises | § 18.2-308.012(B) | Class 2 misdemeanor |
| Replacement (address) | § 18.2-308.011(A) | $10 total ($5 clerk + $5 State Police) |
| Replacement (lost/destroyed/name change) | § 18.2-308.011(B) | $5; 10 business days |
If you are advising students: Virginia is shall-issue, the circuit court (through its clerk) is the issuing authority, the term is five years, training is in person for first-time applicants, the total resident fee is capped at $50, and the court must act within 45 days or the certified application functions as a de facto permit that itself expires 90 days after issuance. Permit holders must display the permit and government-issued photo ID on officer demand, but Virginia imposes no general duty to inform.
This page covers one part of our Virginia concealed carry guide.
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