Virginia gun laws let most adults own, buy, and carry firearms, but the Commonwealth adds several state rules on top of federal law: certain convictions, protective orders, and mental health adjudications disqualify you; every sale requires a background check through a licensed dealer; concealed carry requires a permit; and firearms are banned outright in schools, courthouses, and some other locations. What follows walks through who qualifies, how to buy, how to carry, and where you cannot.
Who Cannot Legally Possess a Firearm
Several categories of people are barred from having a gun in Virginia. Anyone convicted of a felony loses the right to possess firearms, though that loss is not necessarily permanent.1Virginia Code Commission. Virginia Code 18.2-308.2 – Possession or Transportation of Firearms by Convicted Felons People under active protective orders issued under Virginia’s family abuse or stalking statutes cannot possess a firearm, and a violation is a Class 6 felony.2Virginia Code Commission. Virginia Code 18.2-308.1:4 – Purchase or Transportation of Firearm by Persons Subject to Protective Orders
Mental health history can also disqualify you. Involuntary admission to a mental health facility, an order for mandatory outpatient treatment, or voluntary admission after a temporary detention order all trigger a ban on purchasing, possessing, or transporting a firearm, and a violation is a Class 1 misdemeanor.3Virginia Code Commission. Virginia Code 18.2-308.1:3 – Purchase, Possession, or Transportation of Firearm by Persons Involuntarily Admitted or Ordered to Outpatient Treatment A separate statute imposes the same prohibition on anyone adjudicated legally incompetent or mentally incapacitated.4Virginia Code Commission. Virginia Code 18.2-308.1:2 – Purchase, Possession, or Transportation of Firearm by Persons Adjudicated Legally Incompetent or Mentally Incapacitated
Age Requirements
No one under 18 may possess a handgun or an assault firearm anywhere in Virginia. Violating that ban is a Class 6 felony, carrying one 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 18.2-308.7 – Possession or Transportation of Certain Firearms by Persons Under the Age of 186Virginia Code Commission. Virginia Code 18.2-10 – Punishment for Conviction of Felony
To buy a rifle or shotgun from a licensed dealer, you must be at least 18. Federal law sets the minimum age for buying a handgun from a dealer at 21.7Virginia State Police. Firearms/Concealed Weapons FAQ
Buying a Firearm in Virginia
Every firearm sale in Virginia requires a background check, including private transactions between individuals. No one may sell a firearm unless a licensed dealer has submitted the buyer’s information to the Virginia State Police for a criminal history check.8Virginia Code Commission. Virginia Code 18.2-308.2:5 – Criminal History Record Information Check Required to Sell Firearm The State Police charges a $2 processing fee for Virginia residents and $5 for out-of-state residents. A dealer facilitating a private sale may add up to $15 for handling the check.9Virginia Code Commission. Virginia Code 18.2-308.2:2 – Criminal History Record Information Check Required for the Transfer of Certain Firearms
Virginia does not impose a waiting period, and it does not maintain a firearm registry. Once the background check clears, you can take the gun home the same day.
Buying more than one handgun within a 30-day window requires an extra step: a sworn application submitted in person to a Virginia State Police office.10Virginia Code Commission. Virginia Administrative Code 19VAC30-101-30 – Application for Multiple Handgun Purchase Buyers who assume they can pick up two handguns in a single trip often get caught here.
Providing false information on the consent form or any required federal transaction record is a Class 5 felony, punishable by one to 10 years in prison.9Virginia Code Commission. Virginia Code 18.2-308.2:2 – Criminal History Record Information Check Required for the Transfer of Certain Firearms
Open Carry
Virginia allows open carry without a permit for anyone at least 18 who is not otherwise prohibited. Open carry means the firearm is plainly visible, typically in an outside-the-waistband holster.
The main exception applies in a set of densely populated jurisdictions: Alexandria, Arlington, Chesapeake, the city and county of Fairfax, Falls Church, Henrico, Loudoun, Newport News, Norfolk, Prince William, Richmond, and Virginia Beach. In those places you may not carry a loaded semi-automatic rifle or pistol equipped with a magazine holding more than 20 rounds, a folding stock, or a silencer mount. The same restriction covers shotguns with magazines holding more than seven rounds. Concealed handgun permit holders and people actively hunting or shooting at a range are exempt.11Virginia Code Commission. Virginia Code 18.2-287.4 – Carrying Loaded Firearms in Public Areas Prohibited
Concealed Handgun Permits
Carrying a hidden handgun without a permit is a Class 1 misdemeanor on the first offense. A second offense is a Class 6 felony, and a third or later violation is a Class 5 felony carrying up to 10 years in prison.12Virginia Code Commission. Virginia Code 18.2-308 – Carrying Concealed Weapons; Exceptions; Penalty
How to Apply
To apply for a concealed handgun permit (CHP), you must be at least 21 and file a written application with the circuit court clerk in the county or city where you live. You need one valid government-issued photo ID and proof of handgun competency completed in person. Virginia accepts a broad range of qualifying training, including NRA or USCCA safety courses, hunter education programs, law-enforcement training, organized shooting competition experience, and current or prior military service.13Virginia Code Commission. Virginia Code 18.2-308.02 – Application for a Concealed Handgun Permit
The total fee for a five-year permit cannot exceed $50: $10 for the court’s processing charge, up to $35 for the local law enforcement investigation, and up to $5 for the State Police background check. The court must issue or deny within 45 days. If it fails to act in that window, the clerk certifies the application, and that certified copy serves as a temporary permit for 90 days.14Virginia State Police. Resident Concealed Handgun Permits
If Your Application Is Denied
You have 21 days after a denial to request an oral hearing to challenge it. You may bring an attorney, though the court will not appoint one. The final order must include the court’s findings of fact and conclusions of law.15Virginia Code Commission. Virginia Code 18.2-308.08 – Denial of a Concealed Handgun Permit; Appeal
Out-of-State Permits
Virginia recognizes concealed carry permits from other states as long as the holder is at least 21, carries a government-issued photo ID with the permit, and the issuing state offers a way for Virginia law enforcement to verify the permit around the clock. If you previously had a Virginia CHP revoked, your out-of-state permit will not be honored here.16Virginia Code Commission. Virginia Code 18.2-308.014 – Reciprocity
Carrying the Permit
When you carry concealed, keep both your permit and a government-issued photo ID on you. You must display both to a law enforcement officer on request.17Virginia Code Commission. Virginia Code 18.2-308.01 – Carrying a Concealed Handgun With a Permit
Alcohol and Concealed Carry
Carrying a concealed handgun while under the influence of alcohol or illegal drugs in a public place is a Class 1 misdemeanor. Conviction revokes your permit and blocks you from reapplying for five years. A court can treat a DUI, public intoxication, or similar conviction as evidence of being under the influence under this statute.18Virginia Code Commission. Virginia Code 18.2-308.012 – Prohibited Conduct
You can carry a concealed handgun into a restaurant or bar that serves alcohol, but drinking while you do is a Class 2 misdemeanor. The moment you consume any alcoholic beverage on the premises of an establishment licensed for on-premises alcohol consumption, you have committed a crime.18Virginia Code Commission. Virginia Code 18.2-308.012 – Prohibited Conduct
Where Firearms Are Prohibited
Some locations are off-limits regardless of whether you have a permit. Getting these wrong can turn lawful ownership into a felony charge quickly.
Schools, Daycares, and Preschools
Possessing a firearm on the property of any public, private, or religious preschool, elementary school, middle school, or high school, including buildings, grounds, school buses, and off-campus locations being used exclusively for school-sponsored events, is a Class 6 felony. The statute also covers child daycare centers, though the daycare and private preschool provisions apply only during operating hours and do not apply to a person whose residence is on the same property.19Virginia Code Commission. Virginia Code 18.2-308.1 – Possession of Firearm, Stun Weapon, or Other Weapon on School Property Prohibited
Courthouses
Firearms are prohibited in any courthouse in Virginia. The ban covers guns, ammunition, explosives, stun weapons, and other dangerous weapons.20Virginia Code Commission. Virginia Code 18.2-283.1 – Carrying Weapon Into Courthouse
The Capitol and State Buildings
A separate statute prohibits carrying firearms or explosive material inside the Capitol, Capitol Square and its surrounding area, any building owned or leased by the Commonwealth, and any office where state employees regularly work.21Virginia Code Commission. Virginia Code 18.2-283.2 – Carrying a Firearm or Explosive Material Within Capitol Square and the Surrounding Area
Local Ordinances
A 2020 change to Virginia’s preemption law gave counties and cities authority to ban firearms in government-owned buildings, public parks, recreation centers, and on public streets or rights-of-way adjacent to permitted events. Localities adopting these ordinances must post notice and may use security measures like metal detectors.22Virginia Code Commission. Virginia Code 15.2-915 – Control of Firearms; Applicability to Authorities and Local Governmental Agencies Because this authority is optional, rules vary by jurisdiction. Check locally before carrying at a park or a public festival.
Private Property
Private property owners can prohibit firearms on their premises. A posted “No Weapons” sign gives the owner the right to ask you to leave, and refusing can lead to a trespassing charge.
Altered Serial Numbers
Virginia does not currently require privately made firearms to carry serial numbers, but tampering with the markings on a commercially produced firearm is a crime. Intentionally removing or altering a serial number is a Class 1 misdemeanor. Knowingly possessing a firearm with a defaced serial number is also a Class 1 misdemeanor. Selling or distributing such a weapon is a Class 6 felony.23Virginia Code Commission. Virginia Code 18.2-311.1 – Removing, Altering Serial Number on Firearm
Substantial Risk Orders
Virginia’s red flag law allows a court to temporarily remove firearms from someone who poses a danger. A law enforcement officer or a Commonwealth’s Attorney petitions a judge or magistrate, supported by an independent investigation. If the judge finds probable cause that the person poses a substantial risk of injury to themselves or others in the near future, an emergency order issues, prohibiting the person from buying, possessing, or transporting firearms for up to 14 days.24Virginia Code Commission. Virginia Code 19.2-152.13 – Emergency Substantial Risk Order
Within that 14-day window the court holds a full hearing. If the judge finds by clear and convincing evidence that the risk persists, a substantial risk order can extend up to 180 days. The person must surrender their firearms to law enforcement for the duration, and violating the order is a Class 1 misdemeanor.
Restoring Firearm Rights
A felony conviction strips the right to possess firearms, but Virginia has a path back. The process runs in two steps. First, you must have your civil rights restored by the Governor of Virginia. Only then can you petition the circuit court in your county or city of residence, or the one where you were convicted, for an order restoring your firearm rights. The court decides based on good cause shown.1Virginia Code Commission. Virginia Code 18.2-308.2 – Possession or Transportation of Firearms by Convicted Felons
At the federal level, the Bureau of Alcohol, Tobacco, Firearms and Explosives runs a “relief from disabilities” program under 18 U.S.C. ยง 925(c), but Congress has not funded individual applications in years, so only corporations can apply.25Bureau of Alcohol, Tobacco, Firearms and Explosives. Application for Restoration of Firearms Privileges For most people, the Virginia state court route is the only realistic option.
People barred for mental health reasons also have a statutory mechanism to petition for restoration, with specifics that vary by which provision disqualified them. The Virginia State Police publishes guidance on both felony-based and mental-health-based restorations.26Virginia State Police. Restoration of Firearm Rights