Virginia

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

Regulation of Unreasonably Dangerous Ammunition

Pursuant to Va. Code Ann. § 18.2-308.3, it is a separate and distinct felony to knowingly use or attempt to use "restricted firearm ammunition" while committing or attempting to commit a crime. Section 18.2-308.3 provides that:

"Restricted firearm ammunition" applies to bullets, projectiles or other types of ammunition that are: (i) coated with or contain, in whole or in part, polytetrafluorethylene or a similar product, (ii) commonly known as "KTW" bullets or "French Arcanes," or (iii) any cartridges containing bullets coated with a plastic substance with other than lead or lead alloy cores, jacketed bullets with other than lead or lead alloy cores, or cartridges of which the bullet itself is wholly comprised of a metal or metal alloy other than lead. This definition shall not be construed to include shotgun shells or solid plastic bullets.

Virginia prohibits any person:

• Who is not a citizen of the U.S., or who is not lawfully admitted for permanent residence, from knowingly and intentionally possessing or transporting any assault firearm (Va. Code Ann. § 18.2-308.2:01); or who is a firearms dealer from transferring any assault firearm to such a person (§ 18.2-308.2:2(B)(1)); and

• From importing, selling, possessing or transferring "the Striker 12, commonly called a 'streetsweeper,' or any semi-automatic folding-stock shotgun of like kind with a spring tension drum magazine capable of holding twelve shotgun shells" (§ 18.2-308.8).

Virginia Code Annotated § 18.2-308.2:2(G) defines "assault firearm" as:

[A]ny semi-automatic center-fire rifle or pistol which 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 which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock.

With certain exceptions, section 18.2:308.7 prohibits any person under 18 years of age from knowingly and intentionally possessing or transporting an assault firearm. For purposes of this provision, an "assault firearm" means either:

• A semi-automatic centerfire rifle or pistol equipped with a magazine that will hold more than 20 rounds of ammunition or is designed by the manufacturer to accommodate a silencer or equipped with a folding stock; or

• A shotgun with a magazine which will hold more than seven rounds of the longest ammunition for which it is chambered.

Id.

Section 18.2-287.4 prohibits the carrying of a loaded: a) semi-automatic center-fire rifle or pistol that is equipped with a magazine that will hold more than 20 rounds of ammunition or is designed 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, on or about the person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place open to the public in the 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.

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm. This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq.  Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions), and leaves to the states the power to determine additional classes.  (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS.  Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

In Virginia, all firearms transfers by licensed dealers are processed directly through the Department of State Police ("DSP") which enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006) and Virginia Code Annotated § 18.2-308.2:2. The DSP is also authorized to provide mental health information maintained in the Central Criminal Records Exchange, pursuant to the requirements of sections 37.2-814, 37.2-819 and 37.2-1014, to the FBI for use in the NICS Index. See 2001 Va. Op. Att'y Gen. 62, 2002 Va. AG LEXIS 72. The DSP may forward only individuals’ “eligibility to possess, purchase, or transfer a firearm” to the FBI for use in NICS pursuant to section 37.2-819. In addition, Virginia has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses. Virginia prohibits the:

• Knowing and intentional possession, purchase, or transportation of any firearm by a person acquitted by reason of insanity and "committed to the custody of the Commissioner of Mental Health, Intellectual Disability, and Substance Abuse Services" on a charge of: 1) treason; 2) any felony; or 3) certain misdemeanors (see Va. Code Ann. § 18.2-308.1:1);

• Purchase, possession or transportation of any firearm by any person adjudicated "legally incompetent," "mentally incapacitated," or "incapacitated," whose competency or capacity has not been restored (see § 18.2-308.1:2);

• Purchase, possession or transportation of a firearm by a person who has been involuntarily admitted to a facility or ordered to mandatory outpatient treatment pursuant to a finding of incompetence or as the result of a commitment hearing, or, who was the subject of a temporary detention order and subsequently agreed to voluntary admission (see § 18.2-308.1:3);

• Purchase or transportation of any firearm by any person subject to a protective order, or certain other court orders, while the order is in effect (see § 18.2-308.1:4);

• Purchase or transportation of a handgun, for at least five years, by any person who, within a 36-month period, has been convicted of two or more misdemeanor drug offenses under sections 18.2-250 or 18.2-250.1 (see § 18.2-308.1:5);

• Knowing and intentional possession or transportation of a firearm by any person: 1) convicted of a felony; or 2) who is under the age of 29 and was found guilty as a juvenile (14 years of age or older) of a delinquent act which would be a felony if committed by an adult (see § 18.2-308.2(A)); or

• Knowing and intentional possession or transportation of a firearm by any person who is not a citizen of the U.S. or who is not lawfully present in the United States (see § 18.2-308.2:01).

Firearms dealers shall require a prospective purchaser to present one piece of government issued photo-identification, and a separate documentation of residence, before seeking a background check. Section 18.2-308.2:2(B)(1). The DSP must generally process each dealer's background check request "during the dealer's call [to the DSP], or by return call without delay." Section 18.2-308.2:2(B)(2). Virginia law provides that most background checks must be processed by the end of the following business day, or the dealer is free to complete the transfer. Id. A Virginia administrative regulation requires a dealer who processes a transfer because he or she has not received a response from the DSP by the end of the dealer's next business day, to notify DSP of the transfer by telephone. 19 Va. Admin. Code § 30-100-10(A). Non-residents seeking to purchase a handgun are treated differently, and the DSP is allowed up to 10 days to process background checks in those situations. Va. Code Ann. § 18.2-308.2:2(C).

The DSP generally may not maintain dealer background check records longer than 30 days from any request "pertaining to a buyer or transferee who is not found to be prohibited from possessing and transporting a firearm under state or federal law." Section 18.2-308.2:2(B)(3). However, records of multiple handgun transactions shall be maintained for twelve months, and the log on all background check requests (which consists of the name of the purchaser, the dealer identification number, the unique approval number and the transaction date), may be maintained for twelve months. Id. A dealer who requests a background check in connection with an intended sale or transfer of a handgun, which indicates the prospective purchaser or transferee is not a prohibited purchaser, but who nonetheless determines that the sale or transfer will not be completed, must notify the DSP by telephone. 19 Va. Admin. Code § 30-100-10(B). See 6 Va. Admin. Code §§ 20-130-10—20-130-100, and 19 Va. Admin. Code §§ 30-100-10—30-100-110 for additional information regarding the procedures used to perform background checks in Virginia.

Firearm transfers by private sellers (non-firearms dealers) are not subject to background checks, although federal and state purchaser prohibitions still apply. See the Virginia Private/Secondary Sales section.

No relevant statutes currently exist.

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

Possession Restrictions

Virginia Code Annotated § 18.2-287.4 prohibits the carrying of a loaded:

• Semi-automatic rifle or pistol that is equipped with a magazine that will hold more than 20 rounds of ammunition or is designed by the manufacturer to accommodate a silencer or equipped with a folding stock; or

• Shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered,

on or about the person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place open to the public in the 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. The provisions of this section do not apply, inter alia, to any person having a valid concealed handgun permit or any person engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Id.

Virginia prohibits any person from carrying any firearm to a place of worship while a meeting for religious purposes is being held, unless the person has a "good and sufficient reason." Section 18.2-283. Virginia also prohibits any person from possessing in or transporting into any courthouse any firearm or ammunition (including certain firearm components). Section 18.2-283.1.

In addition, Virginia prohibits any person from possessing in or transporting into any "air carrier airport terminal" any firearm or ammunition (including certain firearm components). Section 18.2-287.01.

Virginia prohibits the possession of any firearm on:

• Any public, private or religious elementary, middle or high school, including buildings and grounds;

• That portion of any property open to the public and exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place; and

• Any school bus owned or operated by such school.

Section 18.2-308.1(B).

Section 18.2-308.1(B) provides exceptions for any person who possesses:

• A firearm as a part of the school's curriculum or activities;

• A firearm as a part of any program sponsored or facilitated by either the school or any organization authorized by the school to conduct its programs either on or off the school premises;

• An unloaded firearm in a closed container in or upon a motor vehicle, or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle; or

• A valid concealed handgun permit and 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.

No person may willfully have any firearm in his or her possession on property or facilities owned, controlled, or being used by Virginia Commonwealth University, without the written authorization of the president of the university, "regardless of whether a license to possess the same has been issued." 8 Va. Admin. Code § 90-10-50.

No person, except a police officer, may possess or carry any weapon on property owned, leased, or controlled by George Mason University in academic buildings, administrative office buildings, student residence buildings, or while attending sporting, entertainment or educational events. 8 Va. Admin. Code § 35-60-20.

On the issue of prohibiting the possession of concealed firearms at public colleges and universities, the Virginia Attorney General has opined that while such institutions may not impose a general prohibition on the carrying of concealed weapons by individuals possessing a valid concealed weapons permit, colleges and universities may regulate the conduct of students and employees to prohibit them from carrying concealed firearms on campus. Op. Att'y Gen. Va. 05-078 (2006), 2006 Va. AG LEXIS 3, *7. In the Attorney General's opinion, "the safe operation of the campus allows regulation of, or under limited circumstances, prohibition of, firearms by any persons attending events on campus, visiting dormitories or classroom buildings, attending specific events as invitees, or under any circumstance permitted by law." Id. at *6.

State administrative regulations add that no person, except the holder of a concealed weapons permit, may carry or possess firearms within any part of a state park except designated hunting areas. 4 Va. Admin. Code § 5-30-200. Firearms are prohibited in any portion of any forest “assigned to the Department of Forestry, for administration as a recreational area.” 4 Va. Admin. Code § 10-30-170. Possession of a loaded gun is prohibited in or on any vehicle within national forests or on land owned by the Department of Game and Inland Fisheries. 4 Va. Admin. Code § 15-40-60.

When "the chase begins on other lands," hunters may not carry firearms on their persons when they go upon "prohibited lands" to retrieve their dogs. Va. Code Ann. § 18.2-136.

Possession of a firearm is prohibited on an emergency medical services vehicle, subject to limited exceptions. 12 Va. Admin. Code § 5-31-700.

Finally, any facility operating under the Department of Mental Health, Intellectual Disability and Substance Abuse Services must have a written policy that no firearms shall be permitted on the facility's premises unless the weapons are either kept securely under lock and key, or used under the supervision of a responsible adult in accordance with policies and procedures developed by the facility for the weapons' lawful and safe use. 12 Va. Admin. Code § 35-105-310.

Concealed Weapons Licensing Requirements

Virginia is a "shall issue" state, meaning that the clerk of the circuit court of the county or city in which the applicant resides must issue a concealed weapons permit if the applicant meets certain qualifications. Virginia Code Annotated § 18.2-308(D) provides, in part, that "[a]ny person 21 years of age or older may apply in writing to the clerk of the circuit court of the county or city in which he resides...for a five-year permit to carry a concealed handgun."

Section 18.2-308(E) disqualifies any person from obtaining a permit who:

• Is ineligible to possess a firearm pursuant to:

• Section 18.2-308.1:1 (person acquitted by reason of insanity) unless he or she was discharged on conditional release within the last five years;

• Section 18.2-308.1:2 (person adjudicated legally incompetent or incapacitated) unless his or her competency or capacity was restored within the last five years;

• Section 18.2-308.1:3 (person involuntarily admitted to a mental health facility, ordered to mandatory outpatient treatment, or the subject of a temporary detention order who agrees to voluntary admission to a mental health facility) unless, in the case of involuntary admission, he or she was released within the last five years; or

• A similar state or federal law;

• Was ineligible to possess a firearm pursuant to section 18.2-308.1:1 (person acquitted by reason of insanity) and was discharged on conditional release within the last five years;

• Has been convicted of a felony, has a felony charge pending, or is under age 29 and was found guilty as a juvenile at age 14 or older of an act which would be a felony if committed by an adult under federal law or the laws of any state;

• Has been convicted of two or more misdemeanors within the last five years (with certain exceptions);

• Has been convicted of any assault, assault and battery, sexual battery, discharging a firearm in a public place, or brandishing a firearm within the last three years, or has such a charge pending;

• Has been convicted of stalking, or has such a charge pending;

• Is subject to a restraining order or protective order (per § 18.2-308.1:4);

• Has received mental health treatment or substance abuse treatment in a residential setting within the last five years;

• Is an alien other than an alien lawfully admitted for permanent resident in the U.S.;

• Is a fugitive from justice;

• Was discharged from the U.S. Armed Forces under dishonorable conditions;

• Is addicted to, or is an unlawful user or distributor of, marijuana or any controlled substance (or who has been convicted of possession of such a substance within the last three years, including where judgment of guilt is deferred pending a probationary period);

• Has been convicted of drunk driving or of public drunkenness within the last three years, or who is a "habitual drunkard" (see § 4.1-333); or

• Has been found "likely to use a weapon unlawfully or negligently to endanger others" based on a sworn statement by local law enforcement (based on their personal knowledge, or that of another competent person).

In addition, section 18.2-308(J1) states that a concealed handgun permit holder convicted of being under the influence of alcohol or illegal drugs while carrying a concealed handgun in a public place shall have his or her permit revoked and shall be ineligible to apply for a new permit for five years.

The court requires proof that the applicant has demonstrated competence with a handgun. Section 18.2-308(G). This can be in the form of an approved hunting or firearms course, evidence of equivalent experience with a firearm, or proof that the applicant previously held a license to carry a firearm in Virginia, unless such license has been revoked for cause. Id.

The total amount assessed for processing an application for a permit shall not exceed $50. Section 18.2-308(K). Additional application and background check requirements, as well as permit suspension and disqualification information, are detailed under section 18.2-308(D)-(P1).

Carrying a concealed handgun without a permit is generally a Class 1 misdemeanor for a first offense, a Class 6 felony for a second offense, and a Class 5 felony for a third or subsequent offense. Section 18.2-308(A). The prohibition against carrying a concealed handgun without a permit does not apply to any person while in his own place of abode or the curtilage thereof. Section 18.2-308(B). Unless the person is under the influence of alcohol or illegal drugs, the prohibition also does not apply to:

• 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, or 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;

• Any retired law-enforcement agent or conservation police officer, other than an agent terminated for cause: (i) with a service-related disability; (ii) following at least 15 years of service; (iii) who has reached 55 years of age; or (iv) who is on long-term leave due to a service-related injury, provided such officer carries with him written proof of consultation with the chief law-enforcement officer of the last such agency from which the officer retired or which employs the officer, and favorable review by that officer, of the need to carry a concealed handgun;

• Any law enforcement officer while he or she is called to active military duty provided such officer carries written proof of consultation with the state police and favorable review by the state police of the need to carry a concealed handgun;

• Carriers of the United States mail in the discharge of their official duties, or while in transit to or from such duties;

• Officers or guards of any state correctional institution in the discharge of their official duties, or while in transit to or from such duties;

• Any attorney or assistant attorney for the Commonwealth in the discharge of his or her official duties, or while in transit to or from such duties;

• Certain conservators of the peace in the discharge of their official duties, or while in transit to or from such duties;

• Noncustodial employees of the Department of Corrections designated to carry weapons by the Director of the Department of Corrections in the discharge of their official duties, or while in transit to or from such duties; and

• Harbormaster of the City of Hopewell.

Section 18.2-308(B), (C).

Disclosure or Use of Information

Concealed weapons permit applications may be destroyed at the discretion of the clerk of each circuit court after 10 years. Va. Code Ann. § 17.1-213(B)(2).

Pursuant to section 18.2-308(D), fingerprints taken as part of a concealed handgun permit application shall not be copied, held or used for any other purposes, and:

[u]pon completion of the criminal history records check, the State Police shall return the fingerprint cards to the submitting local agency or, in the case of scanned fingerprints, destroy the electronic record…. All fingerprint cards not claimed by the applicant within 21 days of notification by the local agency shall be destroyed.

Duration & Renewal

Permits to carry concealed handguns are valid for five years. Va. Code Ann. § 18.2-308(D). Previous applicants "shall be issued" a renewal permit by submitting a new application per section 18.2-308(D), unless there is good cause shown for refusing to reissue a permit. Section 18.2-308(I).

Location Limits

Virginia prohibits any person from carrying any firearm to a place of worship while a meeting for religious purposes is being held, unless the person has a "good and sufficient reason." Va. Code Ann. § 18.2-283.

Virginia also prohibits any person from possessing in or transporting into any courthouse any firearm or ammunition (including certain firearm components). Section 18.2-283.1.

In addition, Virginia prohibits any person from possessing in or transporting into any "air carrier airport terminal" any firearm or ammunition (including certain firearm components). Section 18.2-287.01.

A permittee commits a Class 1 misdemeanor for carrying a handgun in a public place while "under the influence of alcohol or illegal drugs." Section 18.2-308(J1). A permittee is also prohibited from carrying concealed handgun onto the premises of any restaurant or club that is licensed to serve alcoholic beverages for on-premises consumption. Section 18.2-308(J3).

A concealed handgun permit does not authorize the possession of a firearm on property or in places where such possession is prohibited by law or the owner of private property. Section 18.2-308(O).

Virginia prohibits the possession of any firearm on:

• Any public, private or religious elementary, middle or high school, including buildings and grounds;

• That portion of any property open to the public and 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 such school.

Section 18.2-308.1(B).

Section 18.2-308.1(B) provides exceptions for any person who possesses:

• A firearm as a part of the school's curriculum or activities;

• A firearm as a part of any program sponsored or facilitated by either the school or any organization authorized by the school to conduct its programs either on or off the school premises;

• An unloaded firearm in a closed container in or upon a motor vehicle, or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle; or

• A valid concealed handgun permit and 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.

A state administrative regulation prohibits anyone from willfully having any firearm in his or her possession on property or facilities owned, controlled, or being used by Virginia Commonwealth University, without the written authorization of the president of the university, "regardless of whether a license to possess the same has been issued." 8 Va. Admin. Code § 90-10-50.

No person, except a police officer, may possess or carry any weapon on property owned, leased, or controlled by George Mason University in academic buildings, administrative office buildings, student residence buildings, or while attending sporting, entertainment or educational events. 8 Va. Admin. Code § 35-60-20.

Another regulation requires any facility operating under the Department of Mental Health, Intellectual Disability and Substance Abuse Services to have a written policy that no firearms shall be permitted on the facility's premises unless the weapons are either kept securely under lock and key, or used under the supervision of a responsible adult in accordance with policies and procedures developed by the facility for the weapons' lawful and safe use. 12 Va. Admin. Code § 35-105-310.

Concealed weapons permit holders may be subject to generally applicable possession prohibitions. Please see the Possession Restrictions section above for further information.

Reciprocity

Virginia Code Annotated § 18.2-308(P) states that a valid concealed handgun permit or license issued by another state shall be valid in Virginia, so long as:

(i) the issuing authority provides the means for instantaneous verification of the validity of all such permits or licenses issued within that state, accessible 24 hours a day, [and]

(ii)  the requirements and qualifications of that state's law are adequate to prevent possession of a permit by persons who would be denied a permit in the Commonwealth under this section.

The Superintendent of State Police, in consultation with the Office of the Attorney General, determines whether states meet the requirements and qualifications of Virginia law. Id. The Superintendent also must maintain a registry of such states on the Virginia Criminal Information Network, and make the registry available to law enforcement officers for investigative purposes. Id. The Superintendent of State Police may also enter into agreements for reciprocal recognition with any qualifying state. Id. See the Virginia State Police's website for lists of states with which Virginia has reciprocity agreements, and whose concealed weapons permits Virginia recognizes.

In addition, a valid concealed handgun permit issued by the State of Maryland shall be valid in Virginia so long as the holder of the permit is 21 years of age or older, is licensed in the State of Maryland to perform duties substantially similar to those performed by Virginia branch pilots licensed pursuant to section 54.1-900 et seq., and is performing such duties while in Virginia.  Section 18.2-308(Q).

Brady Exemption

Concealed weapons permit holders in Virginia are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF's exempt status determination for a given state is subject to change without notice.

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).

Pursuant to Virginia Code Annotated § 18.2-56.2:

A.  It shall be unlawful for any person to recklessly leave a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of fourteen.  Any person violating the provisions of this subsection shall be guilty of a Class 3 misdemeanor.

B.  It shall be unlawful for any person knowingly to authorize a child under the age of twelve to use a firearm except when the child is under the supervision of an adult. Any person violating this subsection shall be guilty of a Class 1 misdemeanor.  For purposes of this subsection, "adult" shall mean a parent, guardian, person standing in loco parentis to the child or a person twenty-one years or over who has the permission of the parent, guardian, or person standing in loco parentis to supervise the child in the use of a firearm.

"If any person sells, barters, gives or furnishes, or causes to be sold, bartered, given or furnished, to any minor [under 18 years of age; see section 1-207] a handgun, having good cause to believe him to be a minor, such person shall be guilty of a Class 6 felony. This subsection shall not apply to any transfer made between family members or for the purpose of engaging in a sporting event or activity." Section 18.2-309.

State administrative regulations govern the secure control of firearms by:

• Licensed "family group homes," 6 Va. Admin. Code § 35-140-360;

• Licensed "family day homes," 22 Va. Admin. Code § 40-110-230;

• Foster families, 22 Va. Admin. Code § 40-130-270;

• Independent foster parents, 22 Va. Admin. Code § 40-141-200;

• Adult foster care and adult day services providers, 22 Va. Admin. Code § 40-771-50; and

• "Children's residential facilities," 22 Va. Admin. Code § 42-11-220.

Virginia does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the Virginia Private/Secondary Sales section for further information. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the Virginia Background Checks section. Additional responsibilities of firearm dealers with respect to background checks are set forth in 6 Va. Admin. Code §§ 20-130-40, 20-130-60, 20-130-70, 20-130-90, and 19 Va. Admin. Code § 30-100-10. Also see the Virginia Assault Weapons section for assault weapon sales-related provisions.

In addition, any county may impose a license tax of not more than $25 on persons engaged in the business of selling handguns to the public. Va. Code Ann. § 15.2-1206. Counties may also require sellers of handguns to furnish the clerk of the circuit court "with the name and address of the purchaser, the date of the purchase, and the number, make and caliber of the weapon sold" within 10 days of any handgun sale. Section 15.2-1207.

Under sections 18.2-294 and 18.2-304, every firearm manufacturer or dealer must keep a register of all machine guns, "sawed-off" rifles and "sawed-off" shotguns manufactured, sold, loaned, given or delivered, and must on demand allow any police officer to inspect his or her entire stock of such weapons and produce the register for inspection. Section 54.1-4201 also requires firearms dealers to keep the original background check consent form (required as part of every Virginia firearms sale) for at least two years, and to permit certain law-enforcement officers to examine and copy a form related to a particular firearm in the course of a bona fide criminal investigation.

No federally licensed firearms dealer shall employ any person to act as a seller of firearms if the employee is an illegal alien, or is otherwise prohibited from possessing, purchasing or transporting a firearm under state law. Section 18.2-308.2:3(A). "Prior to permitting an applicant to begin employment, the dealer shall obtain a written statement or affirmation from the applicant that he is not disqualified from possessing a firearm and shall submit the applicant's fingerprints and personal descriptive information to the Central Criminal Records Exchange to be forwarded to the [FBI]" for a criminal history check. Section 18.2-308.2:3(B). A dealer can obtain an exemption from this requirement if it submits a sworn notarized affidavit on a form prepared by the Department of State Police stating that the seller was subjected to a record check prior to the ATF's issuance of the federal license. Section 18.2-308.2:3(D1). Upon receipt of the request for a criminal history record information check, the State Police shall establish a unique number for that firearm seller. Section 18.2-308.2:3(G). Beginning September 1, 2001, the firearm seller's signature, firearm seller's number and the dealer's identification number shall be on all firearm transaction forms. Id. The State Police shall void the seller's number when a disqualifying record is discovered, and may suspend a seller's number upon the seller's arrest for a potentially disqualifying crime. Id. This section does not restrict the transfer of a firearm at any place other than a dealership, or at any event required to be registered as a gun show. Section 18.2-308.2:3(H).

Number of Federally Licensed Firearms Dealers

There are 1,431 federally licensed firearms dealers and pawnbrokers in Virginia. Federal firearms licensee totals for Virginia as of November 24, 2008 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

Firearm Prohibitions for Domestic Violence Misdemeanants

There is no law in Virginia prohibiting individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition. Federal law, however, prohibits purchase and possession of firearms and ammunition by persons who have been convicted of a “misdemeanor crime of domestic violence.” 18 U.S.C. § 922(g)(9). Federal law defines a “misdemeanor crime of domestic violence” as an offense that is a federal, state or tribal law misdemeanor and has the use or attempted use of physical force or threatened use of a deadly weapon as an element, if the offender:

• Was a current or former spouse, parent, or guardian of the victim;

• Shares a child in common with the victim;

• Was a current or former cohabitant with the victim as a spouse, parent or guardian; or

• Was similarly situated to a spouse, parent or guardian of the victim.

18 U.S.C. § 921(a)(33).

Firearm Prohibitions for Persons Subject to Domestic Violence Restraining/Protective Orders

Virginia prohibits individuals subject to a domestic violence protective order, including an ex parte order, from purchasing or transporting any firearm while the order is in effect. Virginia Code Annotated § 18.2-308.1:4. In addition, any concealed weapon permittee who is the subject of a domestic violence protective order, including an ex parte order, is prohibited from carrying a concealed firearm and must surrender his or her permit to the court entering the order, for the duration of the order. Id.

According to Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006), Virginia maintains fully automated protective order and domestic violence misdemeanor data.

For general information on the background check process and categories of prohibited purchasers/possessors, see the Virginia Background Checks section.

Virginia Code Annotated § 54.1-4201.1 states:

A. No promoter of a firearms show shall hold such show without giving notice at least 30 days prior to the show to the State Police and the sheriff or chief of police of the locality in which the firearms show will be held. The notice shall be given on a form provided by the State Police. A separate notice shall be required for each firearms show.

"Promoter" means every person, firm, corporation, club, association, or organization holding a firearms show in the Commonwealth.

The promoter shall maintain for the duration of the show a list of all vendors or exhibitors in the show for immediate inspection by any law-enforcement authorities, and within five days after the conclusion of the show, by mail, by hand, by email, or by fax, transmit a copy of the complete vendor or exhibitor list to the law-enforcement authorities to which the 30-day prior notice was required. The vendor or exhibitor list shall contain the full name and residence address and the business name and address, if any, of the vendors or exhibitors.

B. A willful violation of this section shall be a Class 3 misdemeanor.

C. The provisions of this section shall not apply to firearms shows held in any town with a population of not less than 1,995 and not more than 2,010, according to the 1990 United States census.

Virginia Code Annotated § 15.2-915.1 provides:

No locality shall have the authority to bring suit against a firearms or ammunition marketer, manufacturer, distributor, dealer, seller, or trade association for damages, abatement, injunctive relief or any other remedy resulting from or relating to the lawful design, marketing, manufacture, distribution, sale, or transfer of firearms or ammunition to the public.  The right to bring any such action is hereby reserved exclusively to the Commonwealth.  Any action brought by the Commonwealth pursuant to this section shall be brought by the Attorney General on behalf of the Commonwealth.

This section shall not prohibit (i) a locality from bringing an action against a firearms or ammunition marketer, manufacturer, distributor, dealer, seller, or trade association for breach of contract or warranty or negligence as to firearms or ammunition purchased by the locality or (ii) an action for injuries resulting from negligence or breach of warranty or contract.

The provisions of this section applicable to a locality shall also apply equally to any state governmental entity, including a department, agency, or authority.

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

Virginia Code Annotated § 18.2-308.5 prohibits the manufacture, importation, sale, transfer or possession of any firearm containing less than 3.7 ounces of electromagnetically detectable metal in the barrel, slide, cylinder, frame or receiver and which, when subjected to inspection by X-ray machines commonly used at airports, does not generate an image that accurately depicts its shape.

Virginia does not otherwise regulate firearms commonly known as "junk guns" or "Saturday night specials."

No relevant statutes currently exist.

No relevant statutes currently exist.

Pursuant to Virginia Code Annotated § 18.2-56.2, it is unlawful for any person to recklessly leave a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of fourteen.

State administrative regulations govern the secure control of firearms in:

• Licensed "family group homes," 6 Va. Admin. Code § 35-140-360;

• Licensed "family day homes," 22 Va. Admin. Code § 40-110-230;

• Foster families, 22 Va. Admin. Code § 40-130-270;

• Independent foster parents, 22 Va. Admin. Code § 40-141-200;

• Adult foster care and adult day services providers, 22 Va. Admin. Code § 40-771-50; and

• “Children's residential facilities,” 22 Va. Admin. Code § 42-11-220.

Federal law prohibits any person from selling or otherwise transferring a firearm or ammunition to any person who has been “adjudicated as a mental defective” or involuntarily “committed to any mental institution.” 18 U.S.C. § 922(d)(4). No federal law requires states to report the identities of these individuals to the National Instant Criminal Background Check System (NICS) database, however, which the FBI uses to perform background checks prior to firearm transfers.

Pursuant to Virginia Code Annotated § 19.2-169.2, clerks of court must certify and forward “forthwith” to the Central Criminal Records Exchange (“Exchange”) a copy of any order for treatment issued upon a finding that a defendant, including a juvenile, is incompetent. Such treatment includes both inpatient treatment in a hospital and outpatient treatment.

Section 37.2-819 requires clerks of court to certify and forward to the Exchange a copy of any order from a commitment hearing for: 1) involuntary admission to a mental health facility; or 2) mandatory outpatient treatment, prior to the close of the business day upon which the order is received. Clerks of court must also forward to the Exchange certification of any person who has agreed to voluntary admission in a mental health facility after being the subject of a temporary detention. Id. Copies of the orders sent to the Exchange must be kept confidential in a separate file and used only to determine firearms eligibility. The Department of State Police (DSP) may forward “only a person’s eligibility to possess, purchase, or transfer a firearm to the National Instant Criminal Background Check System.” Id. Pursuant to section 37.2-1014, clerks of court must certify and forward “forthwith” to the Exchange copies of any order adjudicating a person incapacitated as well as an order restoring a person’s capacity. The order and the accompanying forms must be kept confidential and in a separate file and may be used only to determine firearm eligibility. Id.

The chief law enforcement officer of a county or city must ensure that any acquittal by reason of insanity is reported to the Exchange immediately following the acquittal. Section 19.2-390. In addition, court clerks and/or law enforcement (depending on the type of charge) are required to submit reports to the Exchange regarding certain criminal charges that remain pending due to mental incompetency or incapacity of the defendant. Court clerks must submit these reports electronically. Id.

Court clerks must certify and forward to the Exchange copies of any order granting a petition for a permit to possess or carry a firearm to a person previously ineligible to do so to due to: 1) an acquittal by reason of insanity and a subsequent commitment to the custody of the Commissioner of Mental Health, Intellectual Disability and Substance Abuse Services; 2) involuntary admission to a facility or mandatory outpatient treatment due to a finding of incompetence or as the result of a commitment hearing; or 3) the agreement to be voluntarily admitted to a facility by the subject of a temporary detention order. Sections 18.2-308.1:1, 18.2-308.1:3. Such petitions must be granted if a court determines that “the circumstances regarding…[the firearms prohibition] and the person’s criminal history, treatment record, and reputation are such that the person will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest.” Id.

In response to the Virginia Tech tragedy, Virginia Governor Timothy Kaine issued an Executive Order on April 30, 2007 directing all executive branch employees and law enforcement officials to consider court-ordered outpatient treatment as involuntary admission to a mental health facility, and to report it to the State Police and NICS. Va. Exec. Order No. 50 (April 30, 2007). In 2008, this order was codified, in part, by several of the provisions described above. The order remains in effect until amended or rescinded by a further executive order.

Note that a 2002 Virginia Attorney General Opinion determined that the Department of State Police is authorized to provide mental health information to the FBI so long as the information is kept confidential and used only to determine a person’s eligibility to possess, purchase or transfer a firearm. Va. Att’y Gen. Op. No. 01-062, 2002 Va. AG LEXIS 72 (April 4, 2002).

According to Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006) Virginia maintains fully automated criminal history data which may include various mental health dispositions.

For general information on the background check process and categories of prohibited purchasers/possessors, see the Virginia Background Checks section.

Virginia prohibits any person under age 29 who was found guilty as a juvenile (14 years of age or older) of a delinquent act which would be a felony if committed by an adult, from knowingly and intentionally possessing or transporting any firearm. Va. Code Ann. § 18.2-308.2(A)(iii).

Virginia also prohibits any person under age 18 from knowingly and intentionally possessing or transporting a handgun, assault firearm, or shotgun ("which will hold more than seven rounds of the longest ammunition for which it is chambered") anywhere in Virginia. Section 18.2-308.7. A violation of this section is a Class I misdemeanor. Id. This section does not apply to:

1. Any person (i) while in his home or on his property; (ii) while in the home or on the property of his parent, grandparent, or legal guardian; or (iii) while on the property of another who has provided prior permission, and with the prior permission of his parent or legal guardian if the person has the landowner's written permission on his person while on such property;

2. Any person who, while accompanied by an adult, is at, or going to and from, a lawful shooting range or firearms educational class, provided that the weapons are unloaded while being transported;

3. Any person actually engaged in lawful hunting or going to and from a hunting area or preserve, provided that the weapons are unloaded while being transported; and

4. Any person while carrying out his duties in the armed forces of the United States or the National Guard of this Commonwealth or any other state.

In addition to other criminal penalties, a court that has found a child at least 13 years of age guilty of the unlawful use or possession of a handgun or a "Striker 12, commonly called a 'streetsweeper'" must order that the child be denied a driver's license. Section 16.1-278.9. The denial of driving privileges shall be for at least 30 days, except when the offense involves possession of a concealed handgun or a striker 12 or any semi-automatic folding stock shotgun with a spring tension drum magazine capable of holding 12 shotgun shells, in which case the denial of driving privileges shall be for two years unless the offense is committed by a child under the age of 16 years and three months, in which event the child's ability to apply for a driver's license shall be delayed for a period of two years following the date he reaches the age of 16 and three months. Id.

Section 22.1-277.07(A) provides that a school board must expel for at least one year any student who has brought a firearm, air rifle or BB gun onto school property or to a school-sponsored activity. Also see Op. Att'y Gen. Va. 03-083 (2003), 2003 Va. AG LEXIS 46 (opining that the school board may discipline a student in possession of an unloaded firearm in a locked vehicle trunk).

There is no minimum age to possess rifles in Virginia, although federal law prohibits firearms dealers from selling or delivering a rifle or ammunition for a rifle, to any person the dealer knows or has reasonable cause to believe is under the age of 18. 18 U.S.C. § 922(b)(1), (c)(1). Federal law provides no age limitations with respect to the sale of a long gun by an unlicensed person.

Federal law also prohibits licensed dealers from selling or delivering handguns or ammunition for handguns to any person the dealer knows or has reasonable cause to believe is under the age of 21. Id.

• A law enforcement officer or agency or other agency authorized to perform law enforcement duties;

• State and local correctional facilities;

• Private security firms licensed to do business with the state;

• The purchase of antique firearms;

• A person whose handgun is stolen or lost and who “deems it essential that such handgun be replaced immediately.” The person must provide a copy or summary of a police report;

• A person who trades in a handgun at the same time he or she purchases a handgun as part of the same transaction so long as only one such transaction occurs per day;

• A concealed carry permit holder;

• A private handgun purchase.

In addition, the provision does not apply to persons who have been issued a nontransferable certificate by the Department of State Police. The certificate is valid for seven days from the date of issue and can only be obtained after completion of an “enhanced background check” and a special application listing the number and type of handguns to be purchased and the purpose for the purchase above the limit (including lawful business or personal use, as part of a collection, or as a bulk purchase from an estate sale). Applications must be signed under oath and require proof of residency and identity. The certificate must be surrendered to the dealer by the prospective purchaser prior to the transfer. Id.

No relevant statutes currently exist.

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Virginia, although federal and state purchaser prohibitions still apply. See the Virginia Background Checks section.

However, "[i]f any person sells, barters, gives or furnishes, or causes to be sold, bartered, given or furnished, to any minor [under 18 years of age; see Va. Code Ann. § 1-207] a handgun, having good cause to believe him to be a minor, such person shall be guilty of a Class 6 felony. This subsection shall not apply to any transfer made between family members or for the purpose of engaging in a sporting event or activity." Section 18.2-309.

Section 18.2-308.2:1 prohibits any person from selling, bartering, giving or furnishing, or having in his or her possession or under his or her control with the intent of selling, bartering, giving or furnishing, any firearm to any person he or she knows is:

• A person acquitted by reason of insanity and "committed to the custody of the Commissioner of Mental Health, Intellectual Disability and Substance Abuse Services" on a charge of: 1) treason; 2) any felony; or 3) certain misdemeanors,

• Convicted of a felony (see § 18.2-308.2(A));

• Not a citizen of the United States and not lawfully present in the United States;

• Under the age of 29 and was found guilty as a juvenile (14 years of age or older) of a delinquent act which would be a felony if committed by an adult (see § 18.2-308.2(A)); or

• Under 18 years of age, if the firearm is a handgun, assault firearm, or shotgun ("which will hold more than seven rounds of the longest ammunition for which it is chambered") (see § 18.2-308.7).

The Department of State Police generally may not maintain dealer background check records longer than 30 days from any request "pertaining to a buyer or transferee who is not found to be prohibited from possessing and transporting a firearm under state or federal law." Va. Code Ann. § 18.2-308.2:2(B)(3). However, records of multiple handgun transactions shall be maintained for twelve months, and the log on all background check requests (which consists of the name of the purchaser, the dealer identification number, the unique approval number and the transaction date), may be maintained for twelve months. Id.

Counties may require sellers of handguns to furnish the clerk of the circuit court "with the name and address of the purchaser, the date of the purchase, and the number, make and caliber of the weapon sold" within 10 days of any handgun sale. Va. Code Ann. § 15.2-1207.

Virginia does not require the reporting of lost or stolen firearms. However, Virginia Code Annotated § 18.2-308.2:2(P)(2)(f) provides the following exception to the prohibition against the purchase of more than one handgun within a 30-day period:

A person whose handgun is stolen or irretrievably lost who deems it essential that such handgun be replaced immediately. Such person may purchase another handgun, even if the person has previously purchased a handgun within a 30-day period, provided (i) the person provides the firearms dealer with a copy of the official police report or a summary thereof, on forms provided by the Department of State Police, from the law-enforcement agency that took the report of the lost or stolen handgun; (ii) the official police report or summary thereof contains the name and address of the handgun owner, the description of the handgun, the location of the loss or theft, the date of the loss or theft, and the date the loss or theft was reported to the law-enforcement agency; and (iii) the date of the loss or theft as reflected on the official police report or summary thereof occurred within 30 days of the person's attempt to replace the handgun. The firearms dealer shall attach a copy of the official police report or summary thereof to the original copy of the Virginia firearms transaction report completed for the transaction and retain it for the period prescribed by the Department of State Police.

No relevant statutes currently exist.