Gun Laws in Virginia

Subject/Law	Long Guns	Handguns	Relevant Statutes	Notes
State permit required to purchase?	No	No
Firearm registration?	No	No	§ 18.2-295	Fully automatic firearms (machine guns) are required to be registered with the state police.
Owner license required?	No	No		Proof of age and citizenship required for the purchase of firearms.
Permit required for concealed carry?	N/A	Yes	§ 18.2-308	Virginia is a "shall issue" state for concealed carry. Permits are issued to residents and non-residents. As of January 1, 2021, the option of obtaining training via an electronic, video or online course will be removed.[140] In a vehicle, a firearm is exempt from the requirement for a concealed carry permit if the firearm is "properly secured in a container or compartment within the vehicle" (ie glove box, center console, trunk, etc). The container/compartment does not have to be locked, the firearm may be within the reach of the driver or a passenger, and the firearm may be loaded.[141] This does not preempt an employer from prohibiting firearms "at a place of employment if there is a company policy or signage prohibiting firearms on the premises."[142] Furthermore, a "county or city may by ordinance make it unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road, or highway within such locality." However, this does not "apply to duly authorized law-enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business."
Permit required for open carry?	No	No	§ 15.2-915.2 § 18.2-287.4 § 18.2-282	Open carry is generally allowed without a permit for people 18 years of age and older. The following cities and counties have exceptions that disallow the open carry of a loaded semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or shotguns equipped with a magazine that holds more than 7 rounds: the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, and Virginia Beach and in the Counties of Arlington, Fairfax, Henrico, Loudoun, and Prince William. These restrictions do not apply to valid concealed carry permit holders. Stated differently, one may open carry an assault weapon/shotgun with more than 7 rounds with a permit in the aforementioned locations, but do not need a permit to do so in any other locality in Virginia. In a vehicle, a firearm may be considered "openly carried" if the firearm is openly visible, though this is not as well established as the "secured in a container/compartment" rule mentioned above.
State preemption of local restrictions?	Yes	Yes	§ 15.2-915	Virginia has state preemption for most but not all firearm laws. As of July 1, 2020, local governments have expanded power to ban firearms in certain sensitive areas, such as government buildings and public events.[143]
Assault weapon law?	Yes	Yes	§ 18.2-308.2:2 § 18.2-308.2:01 § 18.2-308.7	Proof of age (18+ for long arms, 21+ for pistols) and proof of citizenship (or permanent residence license) are required for the purchase of "assault weapons". "Assault weapons" are defined as a semi-automatic, centerfire, firearm equipped with a folding stock, or equipped at the time with a magazine capable of holding more than 20 rounds, or capable of accommodating a silencer/suppressor.
Magazine restriction?	No	No	§ 18.2-287.4 § 18.2-282.	Magazines capable of holding more than 20 rounds are legal but, they make the firearm an "assault weapon", subject to law accordingly.
NFA weapons restricted?	No	No	§ 18.2-308.8 § 18.2-308.5 § 18.2-295	Fully automatic firearms (machine guns) must be registered with the state police. Plastic firearms and some destructive devices (such as the striker 12 shotgun) are prohibited outside law enforcement. SBS, SBR, AOWs, and suppressors are legal with NFA paperwork.
Background checks required for private sales?	Yes	Yes	18.2-308.2:5	As of July 1, 2020, firearms sellers, with some exceptions, must obtain criminal history information from the Virginia State Police to determine if a firearm buyer is permitted, under applicable state and federal law, to purchase or possess firearms. Notably, the law does not apply to transfers of firearms in which nothing of value is exchanged for the firearm.[144][145] The penalty for noncompliance with the law is a Class 1 misdemeanor. In Virginia, Class 1 misdemeanors are punishable by up to 1 year in jail and a $2,500 fine.[146]
Red flag law?	Yes	Yes		A judge can issue an Extreme Risk Protective Order, enabling the police to temporarily confiscate the firearms of a person deemed to be at high risk of harming themselves or others.[147]

Understanding Gun Laws in Virginia

Gun laws vary from state to state in the United States. In this article, we will focus on the gun laws in the state of Virginia. We will discuss the requirements for purchasing firearms, carrying firearms, and other related topics. This information is vital for anyone who owns a firearm or is considering purchasing one in Virginia.

Purchasing Firearms in Virginia

In Virginia, there is no state permit required to purchase either long guns or handguns. However, proof of age and citizenship is required for the purchase of firearms. For long guns, the buyer must be at least 18 years old, and for handguns, the buyer must be at least 21 years old. Additionally, there is no requirement for firearm registration in Virginia, with the exception of fully automatic firearms (machine guns), which must be registered with the state police according to § 18.2-295.

Carrying Firearms in Virginia

When it comes to carrying firearms, Virginia has different rules for concealed carry and open carry. For concealed carry, a permit is required, and Virginia is a "shall issue" state, meaning permits are issued to both residents and non-residents. However, as of January 1, 2021, the option of obtaining training via an electronic, video, or online course has been removed. In a vehicle, a firearm is exempt from the requirement for a concealed carry permit if the firearm is "properly secured in a container or compartment within the vehicle" such as a glove box, center console, or trunk according to § 18.2-308.

On the other hand, open carry is generally allowed without a permit for people 18 years of age and older, with certain exceptions in some cities and counties according to § 15.2-915.2, § 18.2-287.4, and § 18.2-282. In a vehicle, a firearm may be considered "openly carried" if the firearm is openly visible.

Local Restrictions and Assault Weapon Laws

Virginia has state preemption for most, but not all, firearm laws. As of July 1, 2020, local governments have expanded power to ban firearms in certain sensitive areas, such as government buildings and public events according to § 15.2-915.

Proof of age (18+ for long arms, 21+ for pistols) and proof of citizenship (or permanent residence license) are required for the purchase of "assault weapons" according to § 18.2-308.2:2, § 18.2-308.2:01, and § 18.2-308.7. "Assault weapons" are defined as a semi-automatic, centerfire, firearm equipped with a folding stock, or equipped at the time with a magazine capable of holding more than 20 rounds, or capable of accommodating a silencer/suppressor.

Magazine Restrictions and NFA Weapons

Magazines capable of holding more than 20 rounds are legal in Virginia, but they make the firearm an "assault weapon", subject to law accordingly. NFA weapons are not restricted in Virginia, but fully automatic firearms (machine guns) must be registered with the state police according to § 18.2-308.8, § 18.2-308.5, and § 18.2-295. Plastic firearms and some destructive devices are prohibited outside law enforcement. SBS, SBR, AOWs, and suppressors are legal with NFA paperwork.

Private Sales and Red Flag Law

As of July 1, 2020, firearms sellers, with some exceptions, must obtain criminal history information from the Virginia State Police to determine if a firearm buyer is permitted, under applicable state and federal law, to purchase or possess firearms according to 18.2-308.2:5. The penalty for noncompliance with the law is a Class 1 misdemeanor.

Virginia also has a red flag law, which allows a judge to issue an Extreme Risk Protective Order, enabling the police to temporarily confiscate the firearms of a person deemed to be at high risk of harming themselves or others.

Understanding gun laws is crucial for responsible gun ownership. Always make sure to stay informed about the laws in your state and remember, safety should always be your top priority when handling firearms.