Cameron Miranda
The Second Amendment of the US Constitution grants citizens the right to keep and bear arms. However, individual states have the authority to regulate how firearms are carried. Constitutional carry means that state law does not prohibit citizens who can legally possess firearms from carrying handguns openly or concealed, thus not requiring a permit. As of 2023, 18 states allow permitless carry of firearms, with varying age restrictions. While Virginia allows the unlicensed carrying of handguns openly, a permit is required for concealed carry.
| Characteristics | Values |
|---|---|
| Constitutional carry law | Does not require a state permit to carry a firearm |
| Virginia's gun laws | Requires a Virginia Handgun Permit (HP) for residents and a valid out-of-state concealed carry permit for non-residents |
| Concealed carry laws | Legal with a CCW permit |
| Open carry laws | Legal for residents and non-residents without a permit |
| Age restrictions | Individuals must be at least 21 years old |
| ID requirements | Requires a photo ID issued by a government agency |
| City and county exceptions | Alexandria, Chesapeake, Fairfax, and several others have restrictions on the open carry of certain firearms |
| Law enforcement officer requirements | RLEOs must meet training and qualification standards to carry firearms |
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What You'll Learn
Virginia Gun Laws
Virginia's gun laws are governed by the state's constitution, which protects the right of its people to keep and bear arms. While the state has some oversight of firearm regulation, local governments are also permitted to enforce their own restrictions.
Virginia's gun laws regulate the sale, possession, and use of firearms and ammunition. The state has a long history of gun control legislation, dating back to the First General Assembly of Jamestown in 1619, where officials voted to regulate the sale of firearms to Native Americans.
In recent years, Virginia has passed several new gun laws, including:
- Criminal background checks for all gun sales, except for sales between family members and some other circumstances. Private party transfers between individuals without a pre-existing relationship require a background check at a gun store.
- A limit of one handgun purchase per 30 days, excluding those with licenses to carry concealed pistols.
- A red flag law, which allows judges to order the temporary seizure of firearms from individuals deemed a threat to themselves or others.
- Local governments can now ban firearms in sensitive areas, such as government buildings and public events.
- Increased penalties for allowing children under 14 to access firearms.
- A requirement to report lost or stolen firearms to the police within 48 hours.
Virginia does not require a permit for the open carry of firearms, except where prohibited by statute. However, a concealed handgun permit (CHP) is necessary to carry a concealed weapon and magazines with more than 20 rounds. Virginia honors out-of-state concealed carry permits for individuals over 21 with a photo ID, and also issues permits to non-residents.
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Concealed carry permits
Virginia does allow constitutional carry, but only with a permit. Residents must have a Virginia Handgun Permit (HP) to carry in the state. Virginia offers both resident and non-resident permits. Out-of-state permits are honoured for individuals over 21 with a valid photo ID issued by a government agency.
Constitutional carry means that the state's law does not prohibit citizens who can legally possess a firearm from carrying handguns, either openly or concealed, and thus no state permit is required. Some states are fully unrestricted, meaning no permit is required for open or concealed carry. Others allow the open carry of a firearm without a permit but require a permit for concealment.
Virginia is one of the states that allow the unlicensed carrying of handguns openly but requires a permit for concealed carry. This also applies to residents of other states, who are permitted to carry handguns openly but require a permit for concealed carry.
Retired Virginia State Police (VSP) officers can qualify for a nationwide carry privilege, but they must first submit an application to the Virginia State Police Firearms Transaction Center. Once all items have been completed and submitted, the retiree will be issued an Authorisation card, an annual qualification sticker, and a letter from the superintendent detailing the conditions of the nationwide carry privilege.
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Open carry laws
In Virginia, a firearm may be carried openly except where prohibited by statute. Virginia does not require permits for open carry. However, there are some restrictions on who can legally possess a firearm. For example, to purchase a handgun from a licensed firearms dealer, one must be at least 21 years old. Federal law also requires individuals to be at least 21 to purchase handgun ammunition and at least 18 years old to purchase rifle or shotgun ammunition.
Virginia does allow for concealed carry, but this requires a permit. The Virginia Handgun Permit (HP) is required for residents, and non-residents must have a permit from their home state. Virginia honors all valid out-of-state concealed carry permits for individuals over 21 with a government-issued photo ID. Virginia law does not require individuals to notify officers that they have a permit. However, individuals must have their permit and photo ID on them when carrying a concealed firearm and must present them upon request by a law enforcement officer.
While Virginia does not require registration for firearms, machine guns are an exception to this rule. Additionally, certain weapons, including some knives, are illegal to possess in the state. Virginia also has laws prohibiting the carry of firearms by individuals under the age of 18. These laws vary depending on the type of firearm and the circumstances of possession.
Overall, Virginia's open carry laws allow individuals to carry firearms openly without a permit, but there are still important regulations regarding the possession and transportation of firearms that individuals must follow.
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Virginia Handgun Permit
Virginia does not have a constitutional carry law. However, Virginia does offer resident and non-resident handgun permits. Virginia honours all valid out-of-state concealed carry permits issued to individuals who are at least 21 years old and carry a photo ID issued by a government agency.
Virginia Resident Concealed Handgun Permits are issued by the circuit court of the county or city in which the applicant resides. The application for a new five-year permit can be submitted via mail. The circuit court that receives the application will notify the applicant if the application is incomplete or if the incorrect fee has been submitted. If the new five-year permit is issued while an existing permit is still valid, the new permit will become effective upon the expiration of the existing permit, provided that the application is received at least 90 days but no more than 180 days before the existing permit's expiration.
Virginia law also states that any person permitted to carry a concealed handgun who is under the influence of alcohol or illegal drugs while carrying such a handgun in a public place is guilty of a Class 1 misdemeanour.
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Out-of-state permits
Virginia is a <"shall-issue" state, meaning that it issues permits for residents and non-residents to carry a concealed weapon. Non-residents of Virginia who are 21 years of age or older may apply in writing to the Virginia State Police for a five-year permit to carry a concealed handgun. The application is made on a form provided by the Virginia State Police, and the applicant must demonstrate competence with a handgun in person. This can be done by completing a hunter education or safety course, a firearms safety or training course, or a law-enforcement firearms safety or training course.
Virginia honors all valid out-of-state concealed carry permits issued to individuals who are at least 21 years old and carry a photo ID issued by a government agency. However, it is important to note that firearms must be carried in accordance with the laws of the state being visited. Each state determines the requirements and limitations on the carry of firearms, so it is essential to check the laws of the state before traveling there with firearms.
For example, some states may have additional restrictions on where firearms can be carried. In Virginia, concealed carry permit holders are allowed to carry their firearms in airport terminals and places of worship during services. However, municipalities may ban guns in government buildings, public parks, recreation or community centers, and outdoor areas being used for permitted events.
Additionally, it is worth noting that, effective January 1, 2021, the Virginia State Police will no longer accept online course certificates as proof of competency for obtaining a Virginia Nonresident Concealed Handgun Permit. Therefore, applicants should ensure they meet the necessary requirements and provide the required documentation for their application to be processed.
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Frequently asked questions
Yes, Virginia allows the unlicensed carrying of handguns openly while still requiring a permit for concealed carry.
Constitutional carry law means that the state's law does not prohibit citizens who can legally possess a firearm from carrying handguns, openly and/or in a concealed manner, thus no state permit is required.
As of 2021, the states with constitutional carry law include Colorado, Delaware, Michigan, Nevada, New Mexico, North Carolina, Oregon, Pennsylvania, Virginia, Washington, Wisconsin, and Wyoming. Vermont is also a constitutional carry state, but it does not have any provision for the issue of concealed-carry licenses.
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