As of March 2026, Virginia has enacted major gun control legislation set to take effect on July 1, 2026, pending the governor’s action. The law bans the sale, manufacture, and importation of many semi-automatic assault firearms and large capacity magazines over 15 rounds. It also restricts carrying certain loaded firearms in public places. Additional provisions include stricter penalties for storing unsecured weapons near children.
Overview of Virginia Gun Laws
Virginia is often viewed as a relatively gun-friendly state, but firearm ownership and carrying rights are governed by a combination of state statutes, federal regulations, and local ordinances.
Understanding Virginia gun laws requires more than knowing whether you can own a firearm. Gun owners must also understand purchasing requirements, carrying restrictions, prohibited locations, transportation rules, and the circumstances that can result in the loss of firearm rights.
Unlike some states, Virginia does not require firearm registration, a permit to purchase most firearms, or a waiting period before taking possession of a legally purchased firearm.
However, recent legislative changes have expanded background check requirements and increased penalties for certain firearm-related offenses. Virginia law also imposes restrictions on individuals with felony convictions, certain domestic violence offenses, and specific mental health adjudications.
Whether you are purchasing your first firearm, applying for a concealed handgun permit, transporting a firearm through the Commonwealth, or seeking restoration of your gun rights, understanding the current legal framework is essential.
Purchasing Firearms Under Virginia Gun Laws
One of the most commonly misunderstood areas of Virginia gun laws involves firearm purchases. While Virginia does not require firearm registration or a purchase permit, several state and federal requirements must be satisfied before a firearm can legally change hands.
Background Check Requirements
Under Virginia Code § 18.2-308.2:2, all firearm sales conducted through licensed dealers require a criminal background check through the Virginia State Police Firearms Transaction Program.
Virginia also requires background checks for most private firearm sales. This requirement was expanded through legislation that took effect in 2020 and remains one of the most significant changes to Virginia firearm law in recent years.
Age Restrictions
Federal and Virginia laws establish minimum ages for firearm purchases:
- Long guns generally may be purchased at age 18.
- Handguns generally require purchasers to be at least 21 years old.
- Additional restrictions apply to firearm transfers involving minors.
One-Handgun-Per-Month Rule
Virginia generally limits handgun purchases to one handgun within a 30-day period under Virginia Code § 18.2-308.2:2(P), although several statutory exemptions apply, including concealed handgun permit holders and certain law enforcement personnel.
Open Carry and Concealed Carry in Virginia
Virginia recognizes both open carry and concealed carry rights, but different legal requirements apply depending on how and where a firearm is carried.
Open Carry
Virginia generally allows individuals who may legally possess firearms to openly carry handguns without obtaining a permit. However, restrictions may apply in certain public locations and localities.
Concealed Carry
Concealed carry requires a valid Concealed Handgun Permit (CHP) issued pursuant to Virginia Code § 18.2-308.04.
Applicants must:
- Be at least 21 years old.
- Demonstrate handgun competency.
- Meet state and federal eligibility requirements.
Virginia permits are generally valid for five years and are recognized by numerous other states through reciprocity agreements.
Carrying in Vehicles
Virginia law generally allows firearms to be transported in vehicles, but different rules may apply depending on whether the firearm is concealed, openly accessible, or stored in a secured container.
Many firearm arrests occur because individuals misunderstand vehicle carry laws rather than intentionally violating them.
Places Where Firearms Are Restricted Under Virginia Gun Laws
Even individuals who legally own and carry firearms may face criminal charges if they bring weapons into prohibited locations. Virginia gun laws contain numerous restrictions that firearm owners must understand before carrying a weapon in public.
Schools and Educational Facilities
Virginia Code § 18.2-308.1 generally prohibits firearms on school property, school buses, and certain school-sponsored activities.
Courthouses
Virginia courts maintain strict security rules prohibiting most firearms inside court facilities.
Government Buildings
Certain government buildings, legislative facilities, and secure public facilities prohibit the possession of firearms.
Private Property Restrictions
Property owners may prohibit firearms on private property. Failure to comply with a lawful request to leave can result in criminal trespassing charges.
Airports and Secure Areas
Federal law and Transportation Security Administration regulations govern firearms in airports and on commercial flights.
Penalties for Gun Charges in Virginia
Intro: Violating Virginia’s gun laws can carry severe consequences, ranging from fines and incarceration to long-term restrictions on firearm ownership. The penalties vary depending on the type of offense, prior criminal history, and whether aggravating factors, such as domestic violence or carrying in prohibited locations, are present.
Possession of a Firearm by a Convicted Felon
Under Virginia Code § 18.2-308.2, convicted felons are prohibited from possessing firearms. Violating this law constitutes a Class 6 felony, punishable by up to 5 years in prison, a fine of up to $2,500, and mandatory forfeiture of the firearm. Repeat offenders or those with violent felony convictions may face enhanced sentencing, making early legal intervention critical.
Carrying a Concealed Firearm Without a Permit
Virginia requires a valid CHP to carry a concealed firearm (VA Code § 18.2-308.04). First-time violations can result in a Class 1 misdemeanor, punishable by up to 12 months in jail and fines of up to $2,500. Subsequent violations or concealment with aggravating circumstances, such as prior convictions, can result in a longer incarceration term or an elevated misdemeanor classification.
Possession in Prohibited Locations
Bringing a firearm into restricted areas is often charged as Class 6 felonies, with penalties including up to 5 years imprisonment, fines, and permanent revocation of firearm rights. Even temporary possession in a prohibited location can trigger prosecution.
Brandishing and Use of Firearms in Crimes
Brandishing a firearm or using it to commit another crime carries severe consequences. VA Code § 18.2-282 makes it illegal to point or display a firearm in a threatening manner.
Depending on the circumstances, these offenses can be misdemeanors or felonies, resulting in jail time, fines, and long-term criminal records. Using a firearm during the commission of another felony can invoke mandatory minimum sentences, compounding punishment.
Domestic Violence and Firearms
Individuals convicted of a domestic violence misdemeanor face firearm prohibitions under VA Code § 18.2-308.2. Violating this prohibition is a Class 1 misdemeanor, punishable by up to 12 months in jail, fines, and a mandatory 3-year revocation of firearm rights. Federal laws also intersect, potentially extending restrictions or triggering additional consequences.
Federal Implications
Many Virginia firearm offenses carry overlapping federal consequences. For instance, unlawful possession by a convicted felon may also violate 18 U.S.C. § 922(g), which can result in additional prison time, fines, and permanent restrictions on interstate firearm purchases.
Collateral Consequences
Beyond incarceration and fines, gun-related convictions in Virginia often result in long-term restrictions that affect employment, professional licensing, and eligibility for government programs. A felony firearm conviction may also impede housing opportunities and bar certain security clearances, highlighting the importance of effective legal defense.
Recent Changes to Virginia Gun Laws
Virginia firearm laws have changed significantly over the past several years. Gun owners should stay informed because legislative changes can affect purchasing rights, carrying privileges, storage requirements, and criminal penalties.
Recent legislative developments have included:
- Expanded background check requirements.
- Restrictions involving certain assault-style firearms.
- New storage requirements involving minors.
- Enhanced penalties for firearm offenses.
- Changes affecting public carry in specific locations.
Because Virginia firearm legislation continues to evolve, gun owners should regularly review updates and seek legal guidance when questions arise.
What Happens After a Virginia Gun Charge?
Being charged with a firearm offense in Virginia triggers a series of legal steps that can significantly affect your rights, liberty, and future. Understanding what happens after a gun charge helps you stay prepared, make informed decisions, and work closely with an experienced attorney to protect your interests.
Investigation and Arrest
When law enforcement believes a firearm law has been violated, they conduct an investigation. This may include interviewing witnesses, reviewing surveillance footage, executing search warrants, or seizing firearms. If they determine there is probable cause, an arrest may occur. During the arrest, officers will read your rights and collect identifying information, fingerprints, and other records.
Initial Court Appearance
Following an arrest, you will appear before a magistrate or judge, typically within 24–48 hours. At this initial appearance, charges are formally read, bail or release conditions are set, and any temporary restrictions, such as firearm surrender, may be imposed. Having legal representation from a Virginia gun lawyer at this stage is critical to ensure your rights are protected.
Pretrial Proceedings
After the initial appearance, the case moves into pretrial proceedings. The prosecution provides discovery, including police reports, evidence inventories, and witness statements. Your attorney may file motions to suppress improperly obtained evidence or to challenge procedural violations. Pretrial hearings set deadlines, establish trial dates, and may include bond modifications or protective orders.
Negotiations and Defense Strategy
Most gun cases involve discussions with the prosecutor. Your attorney evaluates the evidence, negotiates potential plea agreements, or seeks alternative resolutions such as deferred dispositions or participation in firearms safety programs. Strategic decisions made during this stage can reduce charges or mitigate penalties if a trial is not necessary.
Trial or Resolution
If no agreement is reached, the case proceeds to trial. During trial, the prosecution must prove every element of the offense beyond a reasonable doubt. Your attorney presents defenses, challenges evidence, cross-examines witnesses, and argues your case before the judge or jury. In some cases, charges may be dismissed due to procedural errors or insufficient evidence.
How Scrofano Law PC Can Help
Facing gun-related charges in Virginia can be daunting. Our legal team at Scrofano Law PC – VA Criminal Lawyers stands ready to offer solid defense for those navigating these complex challenges.
We pride ourselves on our commitment to safeguarding clients’ Second Amendment rights. We focus on ensuring fair treatment in every case, leveraging our extensive experience with gun law defenses.
If you are facing gun-related charges or seeking advice on Virginia Gun Laws, contact us for a consultation. Our seasoned attorneys are adept at handling cases involving gun rights restoration and other firearm-related charges and offer the support needed during legal proceedings.
1. What rules apply to purchasing or owning a firearm in Virginia?
2. Do you need to register a firearm or obtain a permit just to own a gun in Virginia?
3. Can I carry a firearm in Virginia openly or concealed, and what rules apply?
4. Are there background-checks or waiting-period requirements for gun sales in Virginia?
5. What are some key situations where a person might lose or be restricted in their right to possess a firearm in Virginia?
A person may lose or be restricted from possessing a firearm if they commit a disqualifying offense (such as certain felonies or domestic violence misdemeanors), are subject to certain protective orders, or are determined by a court to be at high risk of harming themselves or others (e.g., under an extreme risk protective order).