Quick Reference
Magazine Capacity Restrictions
Constitutional (Permitless) Carry Allowed
Red Flag Laws
Carry in Alcohol Establishments Allowed
Open Carry Allowed
No Weapons Signs Enforced by Law
NFA Weapons Allowed
Duty to Retreat
Duty to Inform Law Enforcement
"Universal" Background Checks Required
Table of Contents
State Law Summary
Constitution of the State of Virginia - Va. Const. Art. I, § 13
" "The right of the people to keep and bear arms shall not be infringed."
Virginia's firearm law history has undergone notable transformations, particularly in recent years, reflecting the state's evolving stance on gun rights. In 1995, Virginia established its concealed carry permit system, requiring applicants to complete a background check and a training course, which marked a significant step in expanding gun ownership rights. The 2008 case McDonald v. City of Chicago influenced Virginia's legal landscape by affirming the Second Amendment as applicable to state laws, thereby reinforcing individual rights. In 2020, however, the state legislature enacted several gun control measures, including universal background checks and limitations on the purchase of handguns, sparking widespread public debate and activism among pro-firearm advocates. The ongoing dialogue reflects the state's rich tradition of responsible gun ownership.
Permit Eligibility, Training and Application Process
Virginia's history of concealed weapon permits has evolved significantly since the establishment of its current framework. In 1995, the state enacted a law allowing residents to apply for concealed carry permits, which required background checks and completion of a safety course. This marked a pivotal moment in expanding the rights of gun owners in Virginia. In 2016, the state introduced reforms that streamlined the permit application process and increased access, allowing permits to be issued more efficiently. However, in 2020, Virginia's legislature passed several gun control measures, including universal background checks and restrictions on handgun purchases, which impacted the regulatory landscape surrounding concealed carry.
Virginia Permit Eligibility
In order for an applicant to be approved, he/she must:
- Be a citizen of the United States or have been lawfully admitted for permanent residence in the United States;
- Be at least twenty-one (21) years of age;
- Be legally allowed to possess a firearm under federal and state law;
- Provide an Approved Certificate of Handgun Competency
Persons Not Qualified to Obtain a Permit:
- An individual who is ineligible to possess a firearm
- An individual whose competency or capacity was restored… less than five years before the date of his application.
- An individual who was released from commitment less than five years before the date of this application.
- An individual who is subject to a restraining order, or to a protective order
- An individual who has been convicted of two or more misdemeanors within the five-year period immediately preceding application….
- An individual who is addicted to, or is an unlawful user or distributor of, marijuana or any controlled substance.
- An individual who has been convicted of a violation of… public drunkenness,… within the three-year period immediately preceding….
- An alien other than an alien lawfully admitted for permanent residence in the United States.
- An individual who has been discharged from the Armed Forces of the United States under dishonorable conditions.
- An individual who is a fugitive from justice.
- An individual who the court finds, by a preponderance of the evidence, based on specific acts by the applicant, is likely to use a weapon unlawfully or negligently to endanger others.
- An individual who has been convicted of any assault, assault and battery, sexual battery, discharging of a firearm or brandishing….
- An individual who has been convicted of stalking.
- An individual whose previous convictions or adjudications of delinquency were based on an offense which would have been at the time of conviction a felony if committed by an adult under the laws of any state
- An individual who has a felony charge pending
- An individual who has received mental health treatment or substance abuse treatment in a residential setting within five years prior….
- An individual not otherwise ineligible pursuant to this section, who, within the three-year period immediately preceding the application for the permit, was found guilty of any criminal offense of illegal possession or distribution of marijuana or any controlled substance, under the laws of any state, the District of Columbia, or the United States or its territories.
VA Code § 18.2-308.02
Permit Training Requirements
The court shall require proof that the applicant has demonstrated competence with a handgun in person and the applicant may demonstrate such competence by one of the following, but no applicant shall be required to submit to any additional demonstration of competence, nor shall any proof of demonstrated competence expire:
- Completing any hunter education or hunter safety course approved by the Department of Wildlife Resources or a similar agency of another state;
- Completing any National Rifle Association or United States Concealed Carry Association firearms safety or training course;
- Completing any firearms safety or training course or class available to the general public offered by a law-enforcement agency, institution of higher education, or private or public institution or organization or firearms training school utilizing instructors certified by the National Rifle Association, the United States Concealed Carry Association, or the Department of Criminal Justice Services;
- Completing any law-enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement;
- Presenting evidence of equivalent experience with a firearm through participation in organized shooting competition or current military service or proof of an honorable discharge from any branch of the armed services;
- Obtaining or previously having held a license to carry a firearm in the Commonwealth or a locality thereof, unless such license has been revoked for cause;
- Completing any in-person firearms training or safety course or class conducted by a state-certified, National Rifle Association-certified, or United States Concealed Carry Association-certified firearms instructor;
- Completing any governmental police agency firearms training course and qualifying to carry a firearm in the course of normal police duties; or
- Completing any other firearms training that the court deems adequate.
VA Code § 18.2-308.02
VA Permit Application Process
- Complete this mandatory training course.
- Complete the application for the county in which you reside. (Resident Permit)
- Submit your application to your local sheriff’s department, with the following documents:
- A photocopy of a certificate of completion of any of the courses or classes;
- An affidavit from the instructor, school, club, organization, or group that conducted or taught such course or class attesting to the completion of the course or class by the applicant; or a copy of any document that shows completion of the course or class or evidences participation in firearms competition shall constitute evidence of qualification under this subsection
- The total amount of the charges may not exceed $50.00 for Residents ($100 for non-resident permit). Fees are the same for renewal.
- The court shall issue the permit within 45 days of receipt of the completed application unless it appears that the applicant is disqualified.
- New and renewal permits are valid for five (5) years from the date of issuance.
- The clerk of a circuit court that issued a valid concealed handgun permit shall, upon presentation of the valid permit and proof of a new address of residence by the permit holder, issue a replacement permit specifying the permit holder's new address (not to exceed $10).
VA Code § 18.2-308
Permitless Carry Law
The terms “constitutional carry” and “permitless carry” refer to states that have laws allowing individuals to carry a loaded firearm in public without requiring a license or permit.
Virginia law:
Carry Allowed Without a Permit
- Any person while in his own place of abode or the curtilage thereof.
- Any person while in his own place of business;
- Any law-enforcement officer, wherever such law-enforcement officer may travel in the Commonwealth;
- Any regularly enrolled member of a target shooting organization who is at, or going to or from, an established shooting range, provided that the weapons are unloaded and securely wrapped while being transported;
- Any regularly enrolled member of a weapons collecting organization who is at, or going to or from, a bona fide weapons exhibition, provided that the weapons are unloaded and securely wrapped while being transported;
- Any person carrying such weapons between his place of abode and a place of purchase or repair, provided the weapons are unloaded and securely wrapped while being transported;
- Any person actually engaged in lawful hunting, as authorized by the Board of Game and Inland Fisheries, under inclement weather conditions necessitating temporary protection of his firearm from those conditions. Possession of a handgun while engaged in lawful hunting shall not be construed as hunting with a handgun if the person hunting is carrying a valid concealed handgun permit;
- Any retiree described in paragraph C 2 of Virginia Code Section 18.2-308.16.
- For purposes of applying the reciprocity provisions of subsection P, any person granted the privilege to carry a concealed handgun pursuant to this subdivision, while carrying the proof of consultation and favorable review required, shall be deemed to have been issued a concealed handgun permit.
- Any attorney for the Commonwealth or assistant attorney for the Commonwealth, wherever such attorney may travel in the Commonwealth.
- Any person who may lawfully possess a firearm and is carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel.
VA Code § 18.2-308
Reciprocity Agreements
Reciprocity refers to an agreement between states to recognize, or honor, a concealed firearm permit issued by another state.
When you are in another state, you are subject to that state’s laws. Even if a state recognizes your carry permit or allows for permitless carry, the state may have additional restrictions on certain types of firearms, magazines, or ammunition. Take time to learn the law!
State Preemption Laws
State firearm preemption laws are statutes that prevent local governments from enacting or enforcing their own gun regulations that are more restrictive than state law. These laws ensure that firearm regulations remain consistent across the state, preventing a patchwork of different rules in various cities or counties.
Virginia does not have a preemption law.
Purchase/Transfer Laws
When buying or selling a firearm, both federal and state laws must be followed. Under 18 U.S.C. § 922(a)(5), a private party may sell a firearm to a resident of the same state if two conditions are met: (1) the seller and buyer must be residents of the same state, and (2) the seller must not know or have reasonable cause to believe that the buyer is prohibited from receiving or possessing firearms under federal law, as outlined in 18 U.S.C. § 922(g).
Additionally, a private seller may loan or rent a firearm to a resident of any state for temporary lawful sporting use, provided they meet the same condition of not knowing or having reason to believe the borrower is prohibited under federal law.
In addition to federal law, state laws governing firearm sales must also be followed, as states may impose additional restrictions such as background checks, waiting periods, or bans on specific types of firearms.
Effective July 1, 2020, Virginia generally prohibits any person from selling a firearm “for money, goods, services or anything else of value” unless the seller has received verification from a licensed dealer that the buyer has undergone a background check and been approved by the State Police.
Virginia law also prohibits anyone from buying a gun without undergoing this background check. The process must conform with the process used by a dealer to perform a background check on the buyer of a firearm from the dealer’s own inventory.
- Any person who willfully and intentionally sells a firearm to another person without obtaining verification in accordance with this section is guilty of a Class 1 misdemeanor.
- Any person who willfully and intentionally purchases a firearm from another person without obtaining verification in accordance with this section is guilty of a Class 1 misdemeanor.
VA Code § 18.2-308.2:5
Firearm Classification and Accessory Restrictions
COMING SOON!
Magazine Capacity Restrictions
Magazine capacity laws are designed to limit the number of rounds a firearm's magazine can hold, typically restricting it to a certain number of cartridges (e.g., 10 rounds or fewer). Some state laws restrict the amount of rounds that may be placed in a magazine at any given time, while others prevent the mere possession of unloaded magazines capable of accepting more than a certain number of rounds.
Virginia has no laws restricting the ammunition capacity of magazines.
Prohibited Areas - Where Firearms Are Prohibited Under State law
Carrying a firearm into a place where firearms are prohibited by state or federal law is a common way for gun owners to find themselves in legal trouble. These places are known as “prohibited areas,” and they can vary greatly from state to state.
Below you will find the list of the places where firearms are prohibited under this state’s laws. Keep in mind, in addition to these state prohibited areas, federal law adds additional places where firearms are prohibited. See the federal law section for a list of federal prohibited areas.
- On Private property when prohibited by the owner of the property, or where posted as prohibited. §18.2-308.01
- To a place of worship while a meeting for religious purposes is being held at such place, without good and sufficient reason. §18.2-283
- Into any Courthouse. §18.2-283.1
- Within the Capitol of Virginia; Capitol Square and the surrounding area; any building owned or leased by the Commonwealth or any agency thereof; or any office where employees of the Commonwealth or any agency thereof are regularly present for the purpose of performing their official duties. § 18.2-283.2
- In an air carrier airport terminal. §18.2-287.01
- Within 40 foot of Polling Places one hour before opening until one hour after closing. §24.2-604
Notwithstanding the provisions of this section, a locality may adopt an ordinance that prohibits the possession, carrying, or transportation of any firearms, ammunition, or components or combination thereof: *Must be posted
- In any building, or part thereof, owned or used by such locality, or by any authority or local governmental entity created or controlled by the locality, for governmental purposes;
- In any public park owned or operated by the locality, or by any authority or local governmental entity created or controlled by the locality;
- In any recreation or community center facility operated by the locality, or by any authority or local governmental entity created or controlled by the locality; or
- In any public street, road, alley, or sidewalk or public right-of-way or any other place of whatever nature that is open to the public and is being used by or is adjacent to a permitted event or an event that would otherwise require a permit.
VA Code § 18.2-283, 308
Possession of firearm, stun weapon, or other weapon on school property prohibited;
If any person knowingly possesses any firearm designed or intended to expel a projectile by action of an explosion of a combustible material while such person is upon:
- the property of any child day center or public, private, or religious preschool, elementary, middle, or high school, including buildings and grounds;
- that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place; or
- any school bus owned or operated by any such school; he is guilty of a Class 6 felony.
- Any school board may deem any building or property that it owns or leases where employees of such school board are regularly present for the purpose of performing their official duties, as a gun-free zone (this does not include in a vehicle if permit holder). § 22.1-131.1
Exemptions to this statute include a person who has a valid concealed handgun permit and possesses a concealed handgun while in a motor vehicle in a parking lot, traffic circle, or other means of vehicular ingress or egress to the school.
Methods of Carry - Open Carry Laws
Open carry and concealed carry refer to two distinct methods of carrying firearms in public. Open carry involves visibly carrying a firearm, typically in a holster, where it is easily seen by others. Concealed carry, on the other hand, involves carrying a firearm in a hidden manner, such as under clothing, so that it is not visible to others.
Open Carry a Universal Right Within the Commonwealth
“A person’s right to carry a firearm openly is considered universal within the Commonwealth, subject to definite and limited restrictions upon certain locations and classifications of individuals.”
Va. A.G. 08-043, September 26 2008
Virginia is an open carry state. It is generally legal to open carry a firearm (handgun and/or long gun) without a license or permit of any kind in Virginia, except where specifically prohibited by law.
There are various cities and counties where it is illegal for anyone to open carry a loaded “assault firearm” on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public in the following localities: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.
These restrictions do not apply to valid Concealed Handgun Permit holders.
VA Code § 18.2-287.4
No Weapons Signs
No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing.
In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply.
Va. Code § 18.2-308.01 (C)
Controlled Substance/Alcohol Laws
Most, but not all, states have laws in place that regulate possessing firearms while intoxicated, and individual states will define "intoxicated" differently. In addition to state law, federal law also prohibits the possession of a firearm by any person who is “an unlawful user of or addicted to any controlled substance” as defined by the Controlled Substances Act (“CSA”). There are five different schedules of controlled substances regulated by the CSA, scheduled as I–V. The types of drugs that are regulated range from heroin as a Schedule I substance, to Robitussin AC as a Schedule V substance. Even a gun owner that is prescribed a scheduled drug by a physician can be in legal jeopardy if it is proven that the drug was taken in a frequency or manner other than was prescribed.
Although legal for medicinal or recreational use in many states, marijuana remains classified as a scheduled controlled substance under the federal Controlled Substances Act (CSA), codified as 21 U.S.C. § 812. On May 16, 2024, the U.S. Department of Justice published a proposed rule change that would reclassify marijuana from schedule I to a schedule III drug. It is anticipated this rescheduling will formally occur in 2024 or 2025. Unlike schedule I drugs, schedule III drugs may be lawfully prescribed by a licensed physician, and thus the possession of these prescribed drugs does not make the possession of a firearm inherently unlawful the way possession of a schedule I substance would. This means that the rescheduling of marijuana to a schedule III drug would finally allow for the lawful use, possession and purchase of firearms by prescription marijuana users. However, if it is determined that the marijuana is possessed without a prescription, is used in a manner that is not prescribed, or that the individual with the prescription is addicted to marijuana, possession of a firearm would still be a federal offense. Federal law states that a person is addicted to a controlled substance when they have “lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician.”
27 C.F.R. § 478.11, 18 U.S.C. §922(g)(3)
Virginia law:
Any person permitted to carry a concealed handgun who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place is guilty of a Class 1 misdemeanor.
No person who carries a concealed handgun onto the premises of any restaurant or club as defined in Section 4.1-100 for which a license to sell and serve alcoholic beverages for on-premises consumption has been granted by the Virginia Alcoholic Beverage Control Board under Title 4.1 of the Code of Virginia; may consume an alcoholic beverage while on the premises.
A person who carries a concealed handgun onto the premises of such a restaurant or club and consumes alcoholic beverages is guilty of a Class 2 misdemeanor.
However, nothing in this subsection shall apply to a federal, state, or local law-enforcement officer.
VA Code §18.2-308.012
Vehicle and Transport Laws
Permit reciprocity and other differences between state regulation of firearms can create a difficult landscape for firearm owners to navigate while transporting firearms interstate. In 1968, and again in 1986, Congress set out to help hunters, travelers, and other firearm owners who were getting arrested for merely transporting firearms through restrictive states. To help simplify the complex web of state firearm laws, Congress passed the 1986 Firearm Owners Protection Act (“FOPA”) as part of Senate Bill 2414. The specific “safe harbor” provision of the law, often referred to as the “McClure-Volkmer Rule,” provides some protection for gun owners transporting firearms through restrictive states, subject to strict requirements. This federal law is covered in more detail in the federal law section of this database.
Beyond federal law, the laws of each state will impose additional restrictions, or protections, related to transporting firearms in a vehicle.
Virginia law does not address the issue of transporting a firearm in a vehicle.
Storage Requirements
Some states have laws that require gun owners to take specific measures to secure their firearms, especially in households with children. Many of these state laws mandate that guns be stored in locked containers or safes when not in use. These laws often impose penalties for failing to secure firearms, particularly if they are accessed by unauthorized individuals, such as minors.
Virginia does not have any laws specifically related to how firearms must be stored.
Other Weapons Restrictions
COMING SOON!
Police Encounter Laws
Some states impose a legal duty upon permit holders that requires them to inform a police officer of the presence of a firearm whenever they have an official encounter, such as a traffic stop. These states are called “duty to inform” states. In these states you are required by law to immediately, and affirmatively, tell a police officer if you have a firearm in your possession.
In addition to “duty to inform states,” some states have “quasi duty to inform” laws. These laws generally require that a permit holder have his/her permit in their possession and surrender it upon the request of an officer. The specific requirements of these laws will vary from state to state.
The final category of states is classified as “no duty to inform” states. In these states there are no laws that require a gun owner to affirmatively inform an officer if they have a firearm. Additionally, there are also generally no laws that require you to respond or provide a permit if asked about the presence of a firearm.
Virginia is a quasi-duty-to-inform state, which means you are not required to affirmatively tell a police officer if you have a firearm, but you must respond if asked.
Virginia law:
The person issued the permit shall have such permit on his person at all times during which he is carrying a concealed handgun and shall display the permit and a photo identification issued by a government agency of the Commonwealth or by the U.S. Department of Defense or U.S. State Department (passport) upon demand by a law-enforcement officer. Failure to display the permit and a photo identification upon demand by a law-enforcement officer shall be punishable by a $25 civil penalty, which shall be paid into the state treasury.
VA Code § 18.2-308.01
When you inform an officer that you have a firearm, make sure you follow these rules:
- Keep your hands visible at all times.
- Comply fully with all instructions given by the officer.
- If you are asked if you have a firearm in your presence, it is recommended that you be completely truthful and cooperative.
- If asked, please advise the officer of the location of the firearm.
- Do not reach for your firearm or other weapons unless instructed to do so.
Red Flag or Emergency Risk Orders
Emergency Risk Orders (or "Red Flag Laws") enable rapid legal action when someone is believed to be at significant risk of harming themselves or others with a firearm. Generally speaking, these controversial laws allow law enforcement to seek a court order to temporarily confiscate firearms from the individual and prevent them from purchasing new ones while the order is in effect. The most robust laws also permit family members and others to file petitions.
Emergency Substantial Risk (Red Flag) Order:
A procedure by which any attorney for the Commonwealth or law-enforcement officer may apply to a general district court, circuit court, or juvenile and domestic relations district court judge or magistrate for an emergency substantial risk order to prohibit a person who poses a substantial risk of injury to himself or others from purchasing, possessing, or transporting a firearm for the duration of the order.
- Upon service of an emergency substantial risk order, the person who is subject to the order shall be given the opportunity to voluntarily relinquish any firearm.
- An emergency substantial risk order shall expire on the fourteenth day following issuance of the order.
- The law requires a court hearing in the circuit court for the jurisdiction where the order was issued within 14 days from issuance of an emergency substantial risk order to determine whether a substantial risk order should be issued.
- Seized firearms shall be retained by a law-enforcement agency for the duration of an emergency substantial risk order or a substantial risk order or, for a substantial risk order and with court approval, may be transferred to a third party 21 years of age or older chosen by the person from whom they were seized.
VA Code § 19.2-152.13
Use of Force in Defense of Person
The legal use of force, including deadly force, is regulated by state law. There are no federal laws that dictate when you can use force in self-defense in all states. As such, it is essential to become familiar with individual state laws.
Virginia law:
Deadly force is legally justified when:
- you reasonably feared, under circumstances as they appeared to you, that you were in imminent danger of being killed or that you were in imminent danger of great bodily harm; and
- you used no more force, under the circumstances as they appeared to you, than was reasonably necessary to protect yourself from the perceived harm.
VMJI No. 33.800
A person assaulted while in the discharge of a lawful act, and reasonably apprehending that his assailant will do him bodily harm, has the right to repel the assault by all the force he deems necessary, and is not compelled to retreat from his assailant, but may in turn, become the assailant, inflicting bodily wounds until his person is out of danger.
Dodson v. Com., 159 Va. 976, 976, 167 S.E. 260 (1933)
Use of Force in Defense of Others
Defense of third party laws allow an individual to use force, including deadly force, to protect another person from harm. These laws generally permit intervention if the third party would have had the right to use force in their own self-defense under the same circumstances. The exact application of these laws will vary by jurisdiction, so it is important to understand the framework of each individual state.
Deadly Force is justified in the defense of third parties when you reasonably believe, based on the circumstances, that the person you are defending is not at fault in provoking the conflict and that the potential victim is in danger of being killed or suffering great bodily harm.
Foster v. Commonwealth, 412S.E.2d 198 (Va. Ct. App. 1991)
Use of Force in Defense of Habitation
The term "castle doctrine" comes from English common law providing that one's abode is a special area in which one enjoys certain protections and immunities, from which one is not obligated to retreat before defending oneself against attack, and in which one may do so without fear of prosecution.
The term "castle doctrine" comes from English common law providing that one's abode is a special area in which one enjoys certain protections and immunities, from which one is not obligated to retreat before defending oneself against attack, and in which one may do so without fear of prosecution.
Many states have instituted castle doctrine laws, with varying degrees of formality. Some states have statutorily enacted castle doctrine laws, some have judicially-created protections (called “common laws”), while others have no amplified protections in the home at all.
The idea of the Castle Doctrine in Virginia stands for the proposition that if someone in your home or on your curtilage (the area immediately surrounding your home) poses a threat to you of death or great bodily injury, you have no duty to retreat before using force, including deadly force.
Virginia has never codified the Castle Doctrine, but Virginia courts have referenced this concept for roughly 100 years.
However, this power is reined in by the idea that your use of force must be reasonable. You must reasonably believe that the person poses a risk of causing death or great bodily injury. For this reason, shooting someone in your home who you do not reasonably perceive as a great threat to you, or another can still land you in a lot of trouble.
Furthermore, if you invited the person to your property, or they had a license or privilege to be there, your ability to use force to remove them will be greatly limited.
Case law in Virginia addressing the Castle Doctrine discusses the concept of using force, including deadly force to “prevent forcible entry,” but limits this concept to situations where “necessary to repel the aggressor” and when the “party assaults a homeowner in his own home.
Fortune v. Commonwealth, 112 S.E. 861 (Va. 1922)
Use of Force in Defense of Property
Generally speaking, the use of deadly force is limited to circumstances that reasonably present an imminent threat of serious bodily injury or death of a human being. As such, using deadly force in defense of mere personal property is almost categorically prohibited. Although most states will allow the use of some amount of force (i.e. physically restraining someone until the police arrive), the use or threatened use of deadly force in defense of mere property is generally not permitted.
You can use force, but NOT deadly force, to protect your property. Virginia law prohibits endangering human life or causing great bodily harm to another person in protection of property.
Montgomery v. Commonwealth, 36 S.E. 371 (Va. 1900)
Furthermore, the Supreme Court of Virginia has held that a “deadly weapon may not be brandished solely in defense of personal property.”
Commonwealth v. Alexander, 260 Va. 328 (2000)
For example, if the intruder is peaceable, the defendant must first request the intruder to depart, or must otherwise give him a chance to leave peaceably, unless it is apparent that such a request is futile or dangerous. If the intruder enters forcibly, immediate resistance, without a polite request, may be reasonable; but if deadly force is contemplated, a warning would be necessary, if it were safe to give one.
- Ask them to leave.
- Call the police.
- Sue them for any damages they cause to the property.
If they stop being a mere trespasser and become an imminent threat of serious bodily injury or death, then you fall back to the three “outside the house rules”.
Self-Defense Immunity
To address the risk that those acting in lawful self-defense might be sued by their attacker, some states have implemented protective measures in the form of civil immunity statutes. These statutes serve to shield victims from certain civil lawsuits. If a state has a civil immunity statute in place, you generally enjoy protection from being sued by your attacker or attacker’s family as long as your use of force is deemed to be criminally justified. This legal framework provides a layer of protection for individuals who, in the course of defending themselves, might otherwise be subjected to additional legal challenges in the form of civil lawsuits.
Unfortunately, Virginia does NOT provide for such civil immunity from lawsuits.
What Virginia does, however, is utilize an older system called a “contributory negligence” system.
This system bars recovery if the party suing you is even a little bit negligent.
The downside to this? Even if you are sued, you will still have to have a lawyer represent you and may still have to go to trial to prove that the other party’s claim should be blocked by contributory negligence.
Dodson v. Commonwealth, 159 Va. 976, 976, 167 S.E. 260 (1933)
Duty to Retreat
A duty to retreat is an obligation to flee that is imposed upon a civilian who is under attack. If applicable, it applies to the victim of unlawful force prior to their ability to use deadly force to defend him or herself. The duty to retreat makes self-defense unavailable to those who use deadly force when they could have retreated from the confrontation safely. The alternative to duty-to-retreat laws is no-duty-to-retreat laws or stand-your-ground laws as they’re commonly called. Stand-your-ground states impose no duty to flee upon victims and instead state that one can stand their ground and meet force with force, under certain situations.
Virginia law:
Virginia is a stand your ground state, which means that under certain circumstances, you can defend yourself against your attacker without having to retreat.
However, if you are partially at fault in starting the fight or confrontation, then Virginia law requires you to retreat as far as you safely can before you are permitted to use what is called excusable self-defense.
Your use of deadly force in self-defense is legally excused when you are at least some degree at fault in provoking or bringing on the fight, but you:
- Retreat as far as you safely can under the circumstances in a good faith attempt to abandon the fight;
- You make known your desire for peace by word or act;
- You reasonably fear, under the circumstances as they appear to you, that you are in imminent danger of being killed or that you are in imminent danger of great bodily harm; and
- You use no more force, under the circumstances as they appear to you, than was reasonably necessary to protect yourself from the perceived harm.
Bailey v. Commonwealth, 104 S.E.2d 28 (Va. 1958); VMJI No. 33.810
Self-Defense Limitations
Legal protection for self-defense is not available to a person who used defensive force and who:
- Was attempting to commit, committing, or escaping after the commission of a felony.
- Initially provokes the use of force against himself or herself. However, the person who initially provokes the use of force against himself or herself will be justified in using defensive force if either of the following occur:
- The force used by the person who was provoked is so serious that the person using defensive force reasonably believes that he or she was in imminent danger of death or serious bodily harm, the person using defensive force had no reasonable means to retreat, and the use of force which is likely to cause death or serious bodily harm to the person who was provoked was the only way to escape the danger.
- The person who used defensive force withdraws, in good faith, from physical contact with the person who was provoked, and indicates clearly that he or she desires to withdraw and terminate the use of force, but the person who was provoked continues or resumes the use of force
Use of Force Considerations
COMING SOON!
Use of Force Against Animals
Va. Code § 3.2-6570 states in part that it is a criminal offense to cruelly or unnecessarily kill any animal; however, the law of self-defense and defense of others as previously discussed applies when defending against an animal attack. This legal position is not completely settled and is subject to the circumstances under which deadly force is used against the animal.
Special Notes
Beginning July 1, 2020, Virginia instituted several new laws Some of the laws that went into effect include:
Brandishing a Firearm:
It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured.
However, this section shall not apply to any person engaged in excusable or justifiable self-defense.
VA Code § 18.2-282
Cases to Watch
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