Virginia

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 demonstration of handgun competency (typically a certificate denoting completion of a firearm safety class)

                                                                                                                                                                                                                                                                                                               

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 (If one of the misdemeanors was a Class 1. If both misdemeanors were lower graded misdemeanors, a judge still has discretion to deny a permit)….
• 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 the application.
• 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 in the three years preceding the application.
• 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 to the date of the application.
• 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 § 18.2-308.09

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

1. Demonstrate competence with a handgun (typically by completing a training course).
2. Complete the application for the county in which you reside (resident permit).
3. 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 or other document demonstrating competence with a handgun;
   • Your identification;
   • Your completed application;
   • Payment.
     • 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 (unless otherwise revoked).
     • 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

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

Virginia has a preemption law, albeit, one that was watered down to allow additional local restrictions with the addition of subsection (E) in 2020.

• 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

Virginia restricts magazine capacity through a portion of their definition of "assault weapon." An "assault weapon" is defined in Va. Code § 18.2-287.4 to mean "(a) semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (b) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered." The restrictions on "assault weapons" are not broad, but instead are primarily for persons carrying such weapons in public in certain cities without a valid CHP. The Cities where persons without a valid CHP cannot publicly carry an "assault firearm" in Virginia include: Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William. Additionally, it is also a crime for persons under the age of 18, or a person who is not a citizen of the United States, or who is not lawfully admitted to the United States, to possess an "assault weapon."

Virginia law: In addition to the federal prohibited areas, in Virginia you may NOT carry a handgun, openly or concealed:

• 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. (A Virginia Attorney General Opinion has opined that self-defense constitutes a 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
• On School property, property open to the public and used exclusively for a school function, or a school bus. This prohibition also extends to child day care centers and pre-schools, but is only in place during operating hours for private or religious pre-schools and child day care centers. Some specific exceptions exist, like the ability of a CHP holder to have a weapon inside a vehicle in the parking lot and vehicular ingress and egress portions of a school property. §18.2-308.1
  

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.

Note- at least one Virginia court has held this portion unconstitutional with respect to certain city parks and permitted events.

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.

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

Virginia law: The granting of a concealed handgun permit pursuant to this article shall not thereby authorize the possession of any handgun or other weapon on property or in places where such possession is otherwise prohibited by law or is prohibited by the owner of private property. It is unclear whether this limitation could be used to prosecute an individual for unlawfully carrying a concealed weapon should they carry into a private location with no-gun signs.

Va. Code § 18.2-308.01 (C)

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

Virginia law provides an exception for handgun vehicle transport without a valid CHP for "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." This provision, Va. Code § 18.2-308(c)(8), has been interpreted to include a loaded handgun inside a latched center console or latched glove box.

Virginia law makes it a crime to recklessly leave access to a loaded unsecured firearm available to a child under the age of 14. Va. Code § 18.2-56.2

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

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

Virginia law: Deadly force is legally justified when:

1. 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
2. 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)

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)

Virginia law:
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)

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)

Virginia law:It is a common misconception that if your use of deadly force was found justified, even under the “Castle Doctrine,” then that justification means you can’t be sued civilly.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)

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

“One Handgun a Month”: This law makes it a crime “for any person who is not a licensed firearms dealer to purchase more than one handgun within any 30-day period. For the purposes of this subsection, ‘purchase’ does not include the exchange or replacement of a handgun by a seller for a handgun purchased from such seller by the same person seeking the exchange or replacement within the 30-day period immediately preceding the date of exchange or replacement.” Various exceptions for this law exist, including exceptions for law enforcement officers and for individuals with a valid concealed handgun permit.

Va. Code § 18.2-308.2:2

Mandatory Reporting of Lost or Stolen Firearms: If a firearm is lost or stolen from a person who lawfully possessed it, then such person shall report the loss or theft to any local law enforcement agency or the Department of State Police within 48 hours after such person discovers the loss or theft or is informed by a person with personal knowledge of the loss or theft. A violation of this section is punishable by a civil penalty of not more than $250. No person who, in good faith, reports a lost or stolen firearm shall be held criminally or civilly liable for any damages from acts or omissions resulting from the loss or theft.

Va. Code § 18.2-287.5

Universal Background Checks: This law, with some small exceptions, prevents anyone from selling a firearm for money, goods, services, or anything else of value unless he has obtained verification from a licensed dealer in firearms that information on the prospective purchaser has been submitted for a criminal history record information and that a determination has been received from the Department of State Police that the prospective purchaser is not prohibited under state or federal law from possessing a firearm or such sale is specifically exempted by state or federal law.

Va. Code § 18.2-308.2:5