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Virginia Firearms Laws Overview: What Gun Owners Need to Know

Oct 23
14 min read

Responsible firearm ownership means understanding both safe handling and the laws governing possession, purchasing, carrying, storage, transport, and use. 

This guide provides a practical overview of Virginia firearms laws. Relevant laws and official resources are linked throughout so readers can review the requirements in more detail.


State law is only part of the picture. Federal requirements, local ordinances, and court decisions can also affect what is lawful.Virginia law restricts local firearm rules but allows localities to prohibit firearms in certain places, described under “Restricted Locations.” (Va. Code § 15.2-915).


This article is for general educational purposes and does not constitute legal advice. Laws and their enforcement can change. Before relying on this overview for a specific situation, check the linked official sources and, when necessary, consult a qualified attorney.


Wide-angle view of an outdoor shooting range in Virginia with a safety bench and unloaded firearm case

Who Can Legally Possess Firearms in Virginia


Eligibility to possess a firearm depends on both Virginia and federal law. Restrictions can arise from criminal convictions, court orders, age, and other legally defined circumstances.


Licensing and Registration


Buying a firearm in Virginia requires meeting applicable eligibility, identification, background check, and other purchase requirements. These requirements are separate from obtaining a concealed handgun permit, discussed under “Carrying Firearms in Virginia.” (Virginia Code § 18.2-308.2:2(A)–(B)).

Virginia generally does not require firearm registration, except for machine guns, which must be registered with Virginia State Police within 24 hours after acquisition. Certain federally regulated firearms and accessories have separate federal requirements, covered under “Special Firearms and Accessories.” (Virginia State Police, Firearms FAQ; Virginia Code § 18.2-295).


Who Is Prohibited from Possessing 


Examples of circumstances that can prohibit possession include:


  • Felony convictions and certain juvenile adjudications: subject to applicable exceptions or restoration of rights. (Va. Code § 18.2-308.2)

  • Bias-motivated assault: Qualifying bias-motivated assault convictions or juvenile adjudications, for offenses committed on or after July 1, 2026. The prohibition generally lasts three years following conviction. (Va. Code § 18.2-308.2; § 18.2-57(A)(2))

  • Certain domestic violence misdemeanors: Virginia covers qualifying assault-and-battery offenses against family or household members committed on or after July 1, 2021, and against intimate partners committed on or after July 1, 2026. Its prohibition lasts three years from conviction; a separate federal prohibition may continue afterward. (Va. Code § 18.2-308.1:8; 18 U.S.C. § 922(g)(9))

  • Certain protective orders and substantial risk orders: The restrictions depend on the order; not every protective order prohibits possession. See “Substantial Risk Orders and Protective Orders” below. (Va. Code §§ 18.2-308.1:4, 18.2-308.1:6)

  • Certain mental health proceedings: These include qualifying involuntary commitments or mandatory outpatient treatment orders. A diagnosis or ordinary voluntary counseling alone does not trigger these prohibitions. (Va. Code § 18.2-308.1:3; 18 U.S.C. § 922(g)(4))

  • Other federal restrictions: These include restrictions involving fugitives from justice, unlawful controlled-substance use or addiction, and discharge from the military under dishonorable conditions. (18 U.S.C. § 922(g))


Marijuana and firearms: Marijuana and firearms: Even when marijuana possession is legal in Virginia, federal firearm restrictions may still apply. In June 2026, the Supreme Court ruled that the government could not prohibit gun possession based solely on the marijuana use shown in one person’s case. That ruling does not mean every marijuana user may legally buy or possess firearms. Consult a qualified Virginia attorney about your circumstances. (United States v. Hemani, U.S. Supreme Court opinion)


This list is not exhaustive; additional disqualifying offenses and restrictions may apply.


Restoration of Firearm Rights


Having civil rights, such as the right to vote, restored after a felony conviction does not automatically restore the right to possess firearms. Virginia offers a court petition process for certain prohibited individuals, but restoration is not automatic. Confirm eligibility under both state and federal law before possessing firearms or ammunition. (Virginia Code § 18.2-308.2(B) and (C)).


Age Rules Matter


Buying and possessing a firearm have different age requirements.


Buying

  • Federal (licensed dealers): Dealers generally may not sell rifles or shotguns to anyone under 18, or handguns and other firearms (including standalone frames or receivers) to anyone under 21. (18 U.S.C. § 922(b)(1); ATF Guide, “Age Restrictions”)

    • 2026 update: The U.S. Department of Justice announced it will not criminally enforce the federal handgun-sale restriction for otherwise law-abiding adults ages 18 to 20. This is an enforcement position, not a repeal or court ruling. (DOJ announcement, September 18, 2026)

  • Virginia (any seller): Anyone under 21 may not purchase a handgun or a statutorily defined “assault firearm,” including in private sales. The DOJ position above does not change this. (Va. Code § 18.2-308.7(C))


Possessing

  • Virginia: Anyone under 18 generally may not possess or transport a handgun or assault firearm, except:

    • At home, or on a parent’s, grandparent’s, or legal guardian’s property, with consent from that person who owns the firearm

    • At a lawful shooting range, a firearms class, or while lawfully hunting, accompanied by an adult

    • During certain official duties and training

  • These exceptions allow possession only, not purchase. (Va. Code § 18.2-308.7(B) and (E))

  • Federal: Federal law separately restricts handgun possession by anyone under 18. (18 U.S.C. § 922(x))



Buying and Transferring Firearms


A lawful purchase or transfer depends on the buyer’s eligibility, required background checks, purchase limits, and any restrictions on the firearm involved.


Background Checks and Private Sales


  • Dealer purchases: Generally require a background check, government-issued identification and residency documentation, and accurate completion of the required forms. (Va. Code § 18.2-308.2:2)

  • Private sales: Unless an exception applies, a private seller must have a licensed dealer run a State Police background check on the buyer before completing the sale. Both the seller and the buyer can be charged if they willfully and intentionally skip the required check. There is no general exception for sales between family members. (Va. Code § 18.2-308.2:5; Virginia State Police, Firearms)

  • Gifts and other transfers: The private-sale requirement applies to transfers for money, goods, services, or anything else of value. A genuine gift is different, but gifts, inheritances, loans, and interstate transfers may involve other requirements. For example, federal law generally prohibits transferring a firearm directly to a resident of another state without going through a licensed dealer. A transfer is not automatically lawful because it involves family or no payment. (Va. Code § 18.2-308.2:5(A); 18 U.S.C. § 922(a)(5))


Minimum Purchase Age


See “Age Rules Matter” above. Virginia prohibits anyone under 21 from purchasing a handgun or assault firearm, including in private sales. 


One-Handgun-Per-30-Days Rule


Virginia generally limits people who are not licensed dealers to purchasing one handgun in any 30-day period. Exceptions include:


  • Holders of a valid Virginia concealed handgun permit

  • Qualifying trade-ins made as part of the same purchase

  • Qualifying replacements of lost or stolen handguns

  • Certain curio-and-relic collector sales

  • Purchases approved through a State Police enhanced background check


Each exception has its own conditions, and none removes other purchase requirements. (Va. Code § 18.2-308.2:2(R))


2026 Restrictions on Certain Firearms and Magazines


Court-order status reviewed October 16, 2026: A statewide preliminary injunction in Santolla v. Katz blocks enforcement of these restrictions. A July 29, 2026 order paused the case pending U.S. Supreme Court decisions on similar laws in other states and keeps the injunction in place until further court order. The restrictions were enacted, but they are not currently enforceable. (July 29, 2026 court order) 

The enacted provisions address:


  • Defined assault firearms: The enacted provision would prohibit importing, selling, manufacturing, purchasing, or transferring covered firearms, with exceptions. Coverage depends on specific features and capacity listed in the statute, not on a general label such as “semiautomatic.” Bolt-, pump-, lever-, and slide-action firearms are excluded. (Va. Code § 18.2-287.4:1; definition in § 18.2-308.2:2(F))

  • Magazines over 15 rounds: The enacted provision would prohibit importing, selling, bartering, transferring, or purchasing devices that hold, or can readily be converted to hold, more than 15 rounds. Attached .22-caliber rimfire tubular magazines are excluded. (Va. Code § 18.2-309.1)

  • Items owned before July 1, 2026: These provisions do not create a blanket prohibition on keeping previously owned items, but keeping an item and selling or transferring it are different questions. Items lawfully purchased and possessed before July 1, 2026 may be sold to a dealer or an out-of-state buyer who may lawfully possess them. Assault firearms lawfully purchased and possessed before that date may also be given to an immediate family member who may legally possess them. An assault firearm may be inherited if the deceased person lawfully possessed it before death and the heir is not prohibited from possessing firearms. Magazines have narrower exceptions. (Va. Code § 18.2-287.4:1(B)–(C); § 18.2-309.1(B)–(C))


Buying for Someone Else


Do not falsely identify yourself as the actual buyer when purchasing for someone else. Willfully and intentionally making a materially false statement on required purchase forms is a felony, even if the other person may legally possess firearms. A genuine gift is different, but the recipient and transfer must still satisfy applicable law. (Va. Code § 18.2-308.2:2(K)–(M); ATF Quick Reference Guide, “Prohibited Transfers”) 

Practical recommendation: Keep purchase receipts or transfer records, read every form carefully, and confirm current requirements before arranging a private or interstate transfer.



Open Carry and Concealed Carry


Virginia treats open carry and concealed carry differently. Being legally eligible to possess a firearm does not automatically authorize every method of carry or carrying in every location.


Open Carry


Virginia generally allows people who may lawfully possess firearms to carry them openly without a concealed handgun permit, except where prohibited. Location restrictions and rules concerning particular firearms still apply. (Virginia State Police, Firearms FAQ).


For example, current law restricts carrying certain loaded semiautomatic firearms and shotguns in public places in specified cities and counties. The rule depends on firearm features or magazine capacity and includes exceptions, such as for holders of a valid concealed handgun permit. (Virginia Code § 18.2-287.4, version effective until July 1, 2027).


Concealed Carry


Carrying a handgun hidden from common observation generally requires a valid concealed handgun permit, unless a statutory exception applies. Exceptions include specified circumstances involving a person’s home, business, transportation, or other activities. Each exception has its own conditions. (Virginia Code § 18.2-308).

When carrying under a Virginia concealed handgun permit, keep the permit with you and present it and qualifying photo identification upon demand by a law-enforcement officer. A permit does not override prohibited locations or a private property owner’s restrictions. (Virginia Code § 18.2-308.01).


Applying for a Concealed Handgun Permit


Virginia residents age 21 or older generally apply through the circuit court clerk in their city or county of residence for a five-year permit. Applicants must meet eligibility requirements and provide legally accepted proof of handgun competence demonstrated in person. (Virginia Code § 18.2-308.02).


Accepted proof includes qualifying firearms safety courses, certain military experience, and other alternatives listed in the statute. Completing a course does not itself issue a permit or authorize concealed carry. The applicant must complete the permit process. (Virginia Code § 18.2-308.02(B)).


Nonresidents age 21 or older apply through Virginia State Police under a separate process that includes proof of competence and fingerprint-based criminal history checks. (Virginia Code § 18.2-308.06).


Out-of-State Permits


Under current law, Virginia recognizes valid concealed handgun or concealed weapon permits from other states subject to statutory conditions. The holder must be at least 21, carry qualifying government-issued photo identification, display the permit and identification upon an officer’s demand, and not have previously had a Virginia concealed handgun permit revoked. (Virginia Code § 18.2-308.014, version effective until July 1, 2027; Virginia State Police, Reciprocity and Recognition).


Virginia’s recognition of another state’s permit does not guarantee that state recognizes a Virginia permit. Check the destination state’s official requirements before traveling. (Virginia State Police, Reciprocity and Recognition).


Carrying in a Vehicle


A person who may lawfully possess a firearm may carry a handgun in a personal, private vehicle or vessel without a concealed handgun permit if it is secured in a container or compartment. This exception does not cover carrying it concealed on the person. (Virginia Code § 18.2-308(C)(8)).


2026 update: In vehicles covered by the unattended-vehicle law, handguns must be out of plain view in a locked, hard-sided container, which may include a locked glove compartment or center console. Locking the vehicle alone is insufficient. The statute defines the covered circumstances and exceptions. (Virginia Code § 18.2-308.7:2).


For interstate travel, check the additional federal transportation requirements and each destination’s laws. (Virginia State Police, Transporting Firearms through Virginia).


Restricted Locations


A concealed handgun permit does not authorize carrying everywhere. Restrictions include:


  • Schools and child day centers: Covered property, school buses, and certain school-sponsored activity areas, subject to operating-hour rules and limited exceptions, including specific vehicle exceptions. (Virginia Code § 18.2-308.1).

  • Courthouses and specified state government locations: Subject to statutory exceptions and applicable notice requirements. (Virginia Code § 18.2-283.1 and § 18.2-283.2).

  • Airport terminals: Restrictions extend beyond security checkpoints, with limited exceptions for lawful baggage and customs procedures. (Virginia Code § 18.2-287.01).

  • Certain local government spaces: Buildings, parks, recreation centers, and event areas where an authorized local ordinance applies. (Virginia Code § 15.2-915(E) and (F)).

  • Hospitals that provide mental health services (new 2026): Includes emergency departments, subject to notice requirements. (Virginia Code § 18.2-283.3) 

  • Polling places (expanded 2026): Within 100 feet while voting is underway, including in-person early voting locations. (Virginia Code § 24.2-604) 

  • Postal property: Federal regulations generally prohibit carrying or storing firearms, including in vehicles, except for official purposes. (39 C.F.R. § 232.1(l)).

  • Private property: A permit does not override the owner’s firearm prohibition. (Virginia Code § 18.2-308.01(C)).


This list is not exhaustive. Check the location’s specific rules and applicable exceptions before entering with a firearm.


Changes Enacted in 2026 with Later Effective Dates


The following changes are scheduled for July 1, 2027, and are not the current rules:


  • Out-of-state permit recognition: Recognition will depend on additional verification and substantially similar eligibility requirements, with qualifying states published by Virginia State Police. Virginia residents generally will not be able to rely solely on an out-of-state permit, with an exception for active-duty service members and their spouses. (Virginia Code § 18.2-308.014, version effective July 1, 2027).

  • Public carry of defined assault firearms: The published future version expands the restriction statewide, does not limit it to loaded firearms, and removes the express concealed-handgun-permit exception. Specified exceptions remain. (Virginia Code § 18.2-287.4, version effective July 1, 2027).


Check the current statutes, official guidance, and applicable court orders before relying on these future provisions.



Alcohol, Restaurants, and Responsible Conduct


Alcohol and Restaurants


Serving alcohol does not, by itself, make a restaurant off-limits to lawful concealed carry. However, a person carrying a concealed handgun may not consume alcohol on the premises of a restaurant or club licensed to serve it for on-premises consumption, subject to the statute’s law-enforcement exception. The owner may also prohibit firearms. (Virginia Code § 18.2-308.012(B) and § 18.2-308.01(C)).


Virginia also prohibits a person permitted to carry concealed from carrying that handgun in a public place while under the influence of alcohol, marijuana, or illegal drugs. A conviction requires permit revocation and makes the person ineligible to apply for another concealed handgun permit for five years. (Virginia Code § 18.2-308.012(A)).


Safety recommendation: Avoid alcohol and impairing substances whenever carrying or handling firearms.


Brandishing


Virginia prohibits pointing, holding, or brandishing a firearm in a manner that reasonably induces fear in another person, even if the firearm cannot be fired. The statute expressly excepts excusable or justifiable self-defense. Having a carry permit does not authorize using a firearm to intimidate someone during an argument. (Virginia Code § 18.2-282).


Warning Shots and Reckless Handling


Calling a discharge a “warning shot” does not make it lawful. Depending on the circumstances, it may violate laws against discharging firearms in public places or recklessly handling a firearm so as to endanger another person’s life, limb, or property. Whether a discharge is legally justified depends on the facts and applicable law. (Virginia Code § 18.2-280 and § 18.2-56.1).



Virginia Self-Defense Rules


Virginia’s self-defense rules are largely explained through court decisions. The most important principles concern the immediacy of the threat, the amount of force used, and whether the person claiming self-defense helped provoke the confrontation.


Immediate Danger and Necessary Force


Fear alone does not justify using deadly force. A person claiming self-defense must reasonably perceive an immediate threat, supported by an overt act indicating present danger. Fear of a possible future attack is insufficient. (Lienau v. Commonwealth, Virginia Court of Appeals opinion).


The force used must be no greater than reasonably necessary under the circumstances as they appeared to the person at the time. Deadly force in self-defense requires a reasonable fear of imminent death or great bodily harm, a higher threshold than the bodily-harm standard applicable to nondeadly self-defense. (Virginia Criminal Model Jury Instructions, Nos. 33.800 and 52.500).


Whether the person helped provoke the confrontation also matters. Someone partly at fault in starting a confrontation generally must retreat as far as they safely can in a good-faith attempt to abandon the fight and communicate their desire for peace. The other requirements for self-defense must also be met. (Virginia Criminal Model Jury Instructions, Nos. 33.810 and 52.510).


Defense in the Home and Protection of Property


Virginia recognizes protections for people defending their homes, including no-retreat principles in qualifying circumstances. Someone’s presence in your home does not automatically justify shooting them. The circumstances of entry, the threat, necessity, and the defender’s conduct matter. (Horne v. Commonwealth, Virginia Court of Appeals memorandum opinion discussing defense of habitation and self-defense).


Protecting property alone does not justify deadly force or brandishing a deadly weapon. A mere trespass or dispute over belongings must be distinguished from an immediate threat to a person. (Commonwealth v. Alexander, Virginia Supreme Court opinion).


For questions about how these principles apply to a specific situation, consult the linked legal authorities and a qualified Virginia attorney.



Firearm Storage and Access by Children


Home Storage Requirements: 2026 Update


Virginia’s 2026 home-storage law applies when a person possesses a firearm in a residence and knows that a covered minor or a person legally prohibited from possessing firearms is present. It does not impose a universal requirement to lock firearms in every home. The person does not have to live there for the requirement to apply.


When the law applies, the firearm must be secured in an inaccessible locked container, compartment, or cabinet, or rendered incapable of firing with an appropriate firearm locking device.


If stored loaded, the firearm must be kept in a device with a combination, coded, or biometric lock, with no minor or prohibited person authorized to use that lock. (Virginia Code § 18.2-308.7:1(B)).


For this law, “minor” means someone under 18 who is not authorized to use or possess a firearm under § 18.2-308.7. Exceptions include lawful possession while carrying the firearm on one’s person and storage of statutorily defined antique firearms. The law also preserves lawful authorization of a minor’s access under § 18.2-56.2. (Virginia Code § 18.2-308.7:1(A), (C), and (D)).


Additional Rules Protecting Children


Virginia separately prohibits:


  • Recklessly leaving a loaded, unsecured firearm in a manner that endangers the life or limb of a child under 14.

  • Knowingly authorizing a child under 12 to use a firearm without qualifying adult supervision. The supervisor must be a parent, guardian, person acting in a parent’s place, or someone age 21 or older with that person’s permission.


(Virginia Code § 18.2-56.2).


These requirements operate alongside the age and possession restrictions discussed earlier. Consult the linked statutes and a qualified Virginia attorney for questions about a particular storage arrangement or a minor’s access.


Substantial Risk Orders and Protective Orders


Substantial Risk Orders


Often called “red flag” orders, these temporarily prohibit a person from buying, possessing, or transporting firearms when a judge or magistrate finds the legally required risk of injury to that person or others. The person must also surrender any concealed handgun permit.


Emergency orders generally last 14 days. After a hearing, a court may issue an order for up to 180 days, with extensions allowed. In 2026, Virginia expanded who may request an emergency order, including specified family members, healthcare professionals, and school officials. (Virginia Code § 19.2-152.13, § 19.2-152.14, and § 18.2-308.1:6).


Protective Orders


Certain protective orders prohibit buying or transporting firearms and require surrender of a concealed handgun permit. Some final orders also prohibit possession and require firearms to be surrendered or lawfully transferred within 24 hours of service, followed by written certification to the court within 48 hours of service. (Virginia Code § 18.2-308.1:4).


The exact requirements depend on the order. Anyone served should read it carefully and promptly consult a qualified Virginia attorney about compliance and available legal remedies.


Special Firearms and Accessories


Some firearms and accessories have additional legal requirements:


  • Suppressors and short-barreled firearms: Suppressors reduce firing noise; certain rifles and shotguns with shorter barrels fall into specially regulated categories. In October 2026, ATF announced it would stop enforcing certain federal registration and advance-approval requirements for these items. This does not remove all federal requirements or override Virginia law. (ATF, Updated NFA Guidance).

  • Virginia restrictions: Virginia separately restricts firearms legally defined as “sawed-off” rifles and shotguns. Federal enforcement changes do not override those restrictions. (Virginia Code § 18.2-300).

  • Machine guns: These remain subject to the National Firearms Act, a federal law imposing special registration, approval, and tax requirements. Virginia also requires registration with State Police within 24 hours after acquisition. Registration does not make an otherwise unlawful acquisition legal. (ATF, Updated NFA Guidance; Virginia Code § 18.2-295).


See “Buying and Transferring Firearms” for magazine restrictions. Before acquiring or modifying one of these items, consult current official guidance and a qualified Virginia attorney.


Staying Informed and Official Resources


Firearm laws, effective dates, and court orders can change. Use these official resources to check current requirements:



Also check the official website of the city or county where you plan to carry for applicable local ordinances.


This overview is a starting point, not a substitute for legal advice. For questions about your eligibility, a planned purchase, or a specific situation, consult a qualified Virginia attorney.

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