Virginia State Laws

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					            NRA / ILA
Firearms Laws for
  Virginia                          (As of June 2010)                                                   Compiled by:
                                                                                             NRA-Institute for Legislative Action
                                                                                                 11250 Waples Mill Road
        A synopsis of state laws on purchase,                                                    Fairfax, Virginia 22030
                                                                                                      (800) 392-8683
        possession and carrying of firearms.                                                
             QUICK REFERENCE CHART                                     It is a crime for any person to sell, give or otherwise
                                                                  furnish a handgun to a minor if he has reason to believe
                             Rifles and                           that the buyer or recipient is under 18 years of age, unless
                             Shotguns        Handguns             such transfer is made between family members or for the
Permit to Purchase              No             No                 purpose of engaging in a sporting event or activity. A person
Registration of Firearms        No             No                 under 18 shall not possess or transport a handgun or assault
Licensing of Owners             No             No                 firearm.1
Permit to Carry                 No             Yes                     This prohibition does not apply to a minor in his own
                                                                  home or on his property or on the property of another
STATE CONSTITUTIONAL PROVISION                                    with prior permission, while accompanied by an adult
                                                                  while hunting, at a range or firearm educational class, and
“That a well regulated militia, composed of the body of           while transporting an unloaded firearm to and from such
the people, trained to arms, is the proper, natural, and safe     activities.
defense of a free state, therefore, the right of the people to         It is unlawful for a person convicted of a felony, or any
keep and bear arms shall not be infringed; that standing          person under 29 with a juvenile adjudication, as a 14-year-
armies, in time of peace, should be avoided as dangerous to       old or older, which would be a felony if committed by an
liberty; and that in all cases the military should be under       adult, or a person acquitted by reason of insanity and
strict subordination to, and governed by, the civil power.”       committed to a mental institution, to possess or transport
Article 1, Section 13.                                            a firearm. It is unlawful for any person who is subject to a
                                                                  protective order issued pursuant to family abuse or stalking
PURCHASE AND POSSESSION                                           to purchase or transport any firearm while the order is
                                                                  in effect. It is unlawful for anyone adjudicated legally
     A criminal history record information check is required      incompetent or mentally incapacitated or involuntarily
prior to purchasing any firearm, except for an antique or its     committed to purchase, possess or transport a firearm. It is
replica. A fee of $2.00 will be collected for such a check.       unlawful to transfer a firearm to such persons.
For non-residents it is $5.00. If any buyer or transferee is           It shall be unlawful for any person knowingly to
denied the right to purchase a firearm, he may exercise his       authorize a child under the age of twelve to use a firearm
right of access to and review of the criminal history record      except when the child is under the supervision of an adult.
information, provided such action is initiated within thirty           It is unlawful to possess, sell, transfer, or import any
days of the denial. A licensed firearm dealer shall not deliver   semi-automatic folding stock shotgun with a spring tension
a rifle or shotgun to a non-resident until an approval report     drum magazine capable of holding 12 rounds.
is received from the state police or 10 days have gone by,             A non-citizen or alien not admitted for permanent
whichever comes first. Permit holders may purchase more           residence shall not possess or transport an assault firearm,
than 1 handgun a month. Non-licensed persons may only             and a gun dealer shall not transfer it to such person. Most
buy 1 handgun a month.                                            shotguns are not included in the term assault firearm.
     No state permit is required to otherwise purchase or              When a member of the armed services wishes to purchase
possess a rifle, shotgun or handgun. Virginia residents           a firearm, the permanent duty post of a person in the armed
may purchase firearms from any licensed Federal Firearms          services is their assigned residence. When a purchaser
Licensee, even if they are out of state.                          presents a copy of their permanent orders assigning residence
in Virginia, along with a photo-identification issued by permit application. The fee shall not exceed $50. The
the Department of Defense, no other documentation or court shall issue the permit within 45 days of receipt of the
residency is required by the seller.                           completed application unless it appears that the applicant
                                                               is disqualified. A court may authorize the clerk to issue
CARRYING                                                       concealed handgun permits, without judicial review, to
                                                               applicants who have submitted complete applications, for
     The carrying of any concealed firearm by a person about whom the criminal history records check does not indicate
his person, hidden from common observation, is prohibited. a disqualification and, after consulting with either the sheriff
Exceptions to this prohibition include:                        or police department of the county or city, about which
1. carrying in one’s place of abode or the curtilage thereof. there are no outstanding questions or issues concerning
2. any regularly enrolled member of a target shooting the application. The court clerk shall be immune from suit
organization who is at, or going to or from, an established arising from any acts or omissions relating to the issuance
shooting range, provided that the weapons are unloaded of concealed handgun permits without judicial review
and securely wrapped while being transported.                  unless the clerk was grossly negligent or engaged in willful
3. any regularly enrolled member of a weapons collection misconduct. This shall not be construed to limit, withdraw,
organization who is at, or going to or from, a bonafide or overturn any defense or immunity already existing in
weapons exhibition, provided the weapons are unloaded statutory or common law, or to affect any cause of action
and securely wrapped while being transported.                  accruing prior to July 1, 2010.
4. any person carrying such weapons between his place
of abode and a place of purchase or repair, provided the               The copy of a concealed handgun permit application
weapons are unloaded and securely wrapped while being becomes a de facto permit if the court does not grant or
transported.                                                   deny the permit within a 45-day period of the receipt of the
5. any person actually engaged in lawful hunting under application. Once the court grants or denies the application,
inclement weather conditions necessitating temporary the person either surrenders the de facto permit to the court
protection of his firearm.                                     or the person will be issued a concealed handgun permit.
6. a retired law-enforcement officer who receives proof of A disqualified person includes one who is ineligible to
consultation and favorable review is authorized to carry a purchase, transport, or possess a firearm; a person who it
concealed handgun in the same manner as a law-enforcement is alleged, in a sworn written statement submitted to the
officer authorized to carry a concealed handgun.               court, that in the opinion of such sheriff, chief of police or
7. any of the following retired officers with 20 years of      attorney for the Commonwealth is likely to use a weapon
service or more; any State Police officer retired from the     unlawfully or negligently to endanger others based upon
Department of State Police, any officer retired from the       personal knowledge or upon the sworn written statement of
Division of Capitol Police, any local law-enforcement of-      a competent person having personal knowledge; a habitual
ficer, any auxiliary police officer or animal control officer  drunkard or an addict or unlawful user of a controlled
retired from a police department or sheriff ’s office within   substance; dishonorably discharged from the U.S. armed
the Commonwealth, any special agent retired from the           forces; an illegal alien; a person who in the preceding
State Corporation Commission or the Alcoholic Bever-           three years has been convicted of drunkenness or a violent
age Control Board, any conservation police officer retired misdemeanor; or a person who within the preceding 5
from the Department of Game and Inland Fisheries, and          years was involuntarily committed. The court may require
any Virginia Marine Police officer retired from the Law        proof that the applicant has demonstrated competence
Enforcement Division of the Virginia Marine Resources          with a handgun. Proof includes completion of a firearm
Commission. All such persons must carry written proof          training course offered by the NRA, the state, or a school;
of consultation with and favorable review of the need to       participation in organized shooting competition or military
carry a concealed handgun issued by the chief officer of the service; or any governmental police agency firearms course;
agency from which he/she resigned.                             previously held a firearm carrying license. The permit shall
                                                               contain the name, address, date of birth, gender, height,
     A person 21 years of age or older may apply in writing weight, color of hair, eyes, and signature of the permittee and
to the Clerk of the Circuit Court of the county or city in judge issuing the permit, and the date it was issued. Permits
which the applicant resides for a permit to carry a concealed shall be valid for 5 years. Persons who previously have been
handgun. The application shall be made under oath, before issued a concealed handgun permit shall not be required to
a notary or other person qualified to take oaths, and shall be appear in person to apply for a new five-year permit and the
made on a form prescribed by the Supreme Court, requiring application for the new permit may be submitted via the
only that information necessary to determine eligibility for United States mail. If a permittee moves from the address
the permit. A clerk of court is allowed to withhold from the listed on the permit, he shall within 30 days notify the
public the social security number in a concealed handgun issuing court of the change of address and the court located
where the permittee has moved to, shall issue a new permit.         Police, successfully meeting the requirements for resident
The person issued the permit shall have such permit on his          applications and by submitting fingerprints.
person at all times when he is carrying a concealed handgun
and must display the permit and proper photo identification         ANTIQUES AND REPLICAS
upon demand by a law enforcement officer.
     The specific reasons for a denial shall be stated in the            Antique firearm means any firearm manufactured in or
order of the court. Upon denial of the application, the clerk       before 1898 and any replica of such a firearm if such a replica is
shall provide the person with notice, in writing, of his right      not designed or redesigned for using rimfire or conventional
to an oral hearing. Upon request of the applicant made              center-fire ammunition or uses rimfire or conventional
within 21 days, the court shall place the matter on the docket      center-fire ammunition which is no longer manufactured in
for an oral hearing. The applicant may be represented by            the U.S. and which is not readily available in the ordinary
counsel, but counsel shall not be appointed, and the rules          channels of commercial trade. This exception applies only
of evidence shall apply. The final order of the court shall         to sales by federally licensed gun dealers. The restrictions on
include the court’s findings of fact and conclusions of law.        concealed carrying and possession by prohibited persons
     Any person denied a permit may present a petition for          otherwise apply.
review to the Court of Appeals. The petition for review
shall be filed within sixty days of the expiration of the time      MACHINE GUNS
for requesting a hearing, or if a hearing is requested, within
sixty days of the entry of the final order of the circuit court         A machine gun is defined as a weapon that shoots or is
following the hearing. If the decision to deny the permit is        designed to shoot, automatically without manual reloading
reversed upon appeal, taxable costs incurred by the person          more than one shot by a single function of the trigger.
shall be paid by the Commonwealth.                                      Possession of a machine gun for an aggressive or
     It is unlawful to carry any firearm at any time in any         offensive purpose is prohibited. All machine guns in the
elementary, junior high, or high school, or on such school          state must be registered within 24 hours of acquisition with
property or discharge a firearm on school grounds or within         the Department of State Police.
1,000 feet of school property, except as part of the curriculum         A presumption of possession for an offensive or aggressive
or other school-sponsored program of any organization               purpose is raised by: a failure to register; possession by a
permitted by the school. Firearms may be possessed in a             person who has been convicted of a crime of violence;
vehicle if unloaded and locked in a closed container or             possession elsewhere than on one’s premises owned or
vehicle trunk.                                                      rented for permanent residence or business occupancy; or
     Any person with a concealed handgun permit may                 when empty or loaded shells for the machine gun are found
carry a concealed handgun onto school property while in             in the immediate vicinity.
a vehicle to drop off or pick up a child, only if the permit            This law does not prohibit or interfere with any machine
holder remains in the vehicle with the handgun completely           gun registered with the State Police, that is possessed for
concealed.                                                          scientific purposes, or not usable as a weapon and possessed
          On and after July 1, 2010, no person who carries a        as a curiosity, ornament or keepsake or possessed for a
concealed handgun onto the premises of any restaurant or            purpose manifestly not aggressive or offensive.
club for which a license to sell and serve alcoholic beverages
for on-premises consumption has been granted by the                 “SAWED OFF” SHOTGUNS AND RIFLES
Virginia Alcoholic Beverage Control Board, may consume
an alcoholic beverage while on the premises.                             A “sawed-off ” shotgun is defined as any weapon loaded
     It is unlawful to carry any firearm without good and           or unloaded, originally designed as a shoulder weapon,
sufficient reason to a place of worship while a religious           utilizing a self-contained cartridge from which a number of
meeting is being held.                                              ball shot pellets or projectiles may be fired simultaneously
      A valid concealed handgun permit or license issued            from a smooth or rifled bore by a single function of the firing
by another state shall be valid in the Commonwealth if the          device and which has a barrel length of less than 18 inches
person is at least 21 years of age, the issuing state can provide   for smooth bore weapons and 16 inches for rifled weapons.
verification and that states law are adequate to prevent            Weapons of less than .225 caliber shall not be included.
issuance of a permit by persons who would be prohibited in               A “sawed-off ” rifle is defined as a rifle of any caliber,
Virginia. The Superintendent of State Police, in consultation       loaded or unloaded, which expels a projectile by action of
with the Office of the Attorney General, may also enter             an explosion and is designed as a shoulder weapon with a
into agreements for reciprocal recognition with any state           barrel or barrels length of less than 16 inches or which has
qualifying for recognition under Virginia law.                      been modified to an overall length of less than 26 inches.
     A non-resident 21 years of age or older may obtain                  Possession of a “sawed-off ” shotgun or “sawed-off ” rifle
a non-resident license by applying to the Virginia State            is unlawful except for the following purposes:
1. Possession for scientific purposes, or possession of a                intent to transfer to an ineligible person, shall be sentenced
    “sawed-off ” shotgun or “sawed off ” rifle not usable as a           to a mandatory minimum term of 5 years.
    firing weapon and possessed as a curiosity ornament or                    It is unlawful to hunt with a firearm while under the
    keepsake, or the possession of a “sawed-off ” shotgun or             influence of an intoxicant or narcotic drug.
    “sawed-off ” rifle in compliance with federal law.                        A person with a concealed carry handgun permit may
2. The manufacture for, and sale of, to the military or law              hunt lawfully while carrying their concealed handgun as
    enforcement or to penal institutions, provided that every            long as they have their permit with them.
    manufacturer or dealer shall keep a register of all “sawed-               No locality shall have the authority to bring suit against a
    off ” shotguns and “sawed-off ” rifles manufactured or               firearms or ammunition marketer, manufacturer, distributor,
    handled by him or her. The register shall keep a full                dealer, seller, or trade association for damages, abatement,
    description of the person to whom delivered or from                  injunctive relief or any other remedy resulting from or
    whom it was received.                                                relating to the lawful design, marketing, manufacture,
   No registered “sawed-off ” shotgun or “sawed-off ” rifle              distribution, sale, or transfer of firearms or ammunition
may be transferred without the registrant notifying the                  to the public. The right to bring any such action is hereby
Superintendent of State Police, in writing, of the name and              reserved exclusively to the Commonwealth. Any action
address of the recipient.                                                brought by the Commonwealth pursuant to this section
                                                                         shall be brought by the Attorney General on behalf of the
MISCELLANEOUS                                                            Commonwealth. This shall also apply equally to any state
                                                                         governmental entity, including a department, agency, or
It is unlawful to discharge a firearm in or across any road, or          authority.
right-of-way, except at an approved firing range.
It is unlawful to discharge any firearm in any public street or          1. “Assault firearm” means any semi-automatic center-fire
in any place of public business or public gathering, except              rifle or pistol which is equipped with a magazine which will
to protect life or property, or unless otherwise authorized              hold more than twenty rounds of ammunition or designed
by law.                                                                  by the manufacturer to accommodate a silencer or equipped
      It is a crime to maliciously discharge a firearm within an         with a folding stock.
occupied building in such a manner to endanger the lives
of the occupants or to maliciously shoot at or maliciously               SOURCES: VA. CODE ANN. §§15.2-915; 15.2-915.1;
throw any missile at or against any dwelling or other                    §18.2-279 through 281; §18.2-283 through 286; §18.2-
occupied building whereby the lives of the occupants are                 288 through 293.1; §18.2-295; §18.2-299 through 303.1;
placed in peril. If the act is unlawful, but not malicious, the          §18.2-308; §18.2-308.1:1 through 308.1:5; §18.2-308.2:01;
person shall be guilty of a lesser category of crime. If a person        §18.2-308.2:1 and 308.2:2; §18.2-309 and 10; §18.2-311.1
willfully discharges a firearm within, or at, a school building,
occupied or not, he or she shall be guilty of a felony.
      It is unlawful to set a spring gun or a set gun or other
firearm that is discharged by a trip wire or similar device.
      It is unlawful to sell, furnish or give a toy gun (other
than a cap pistol) if it can discharge a blank or ball charge
by means of powder or other explosive. It is unlawful to
remove, deface or alter any serial number, maker’s name or
other identifying mark on any firearm.
      A mandatory penalty of 3 years for a first offense, and 5
years for a subsequent offense, is provided as a separate and
consecutive felony offense for using or displaying a firearm
during the commission of certain violent felonies and drug
offenses. A person ineligible to possess a firearm who solicits,
employs, or assists another person to purchase a firearm, or
a person who purchases more than one firearm with the

  CAUTION: Firearm laws are subject to frequent change and court interpretation. This summary is not intended as legal advice or
  restatement of law. This summary does not include federal or local laws, ordinances or regulations. For any particular situation, a licensed
  local attorney must be consulted for an accurate interpretation. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND
                              This may be reproduced. It may not be reproduced for commercial purposes.

Description: Virginia State Laws document sample