Virginia Gun Laws: Concealed Carry, Open Carry and Buying a Gun
Virginia gun laws: permitless and concealed carry, open carry, the age to buy a gun, background checks, waiting periods, red flag law and where guns are banned, from state statutes.
Quick answers for Virginia
- Permitless (constitutional) carry
- No for concealed carry. Carrying a pistol, revolver or other firearm hidden from common observation without a concealed handgun permit is a Class 1 misdemeanor (higher for repeat violations), subject to listed exceptions, such as a person who may lawfully possess a firearm carrying a… Va. Code § 18.2-308(A), (C)(8)
- Open carry
- Generally allowed without a permit for people who may lawfully possess firearms; no general state open-carry ban or permit exists. Va. Code §§ 18.2-287.4 (both versions); 18.2-308.7(B)
- Age to buy a gun
- It is unlawful for anyone younger than 21 to knowingly and intentionally purchase a handgun or an assault firearm (Class 1 misdemeanor); this under-21 purchase rule was added in 2026 (cc. 1102, 1106, 1107). Va. Code §§ 18.2-308.7(B)-(E); 18.2-309(B)
- Concealed carry permit
- Concealed handgun permit, issued by the circuit court of the county or city where the applicant lives (applications go to the clerk). Va. Code §§ 18.2-308.02(A)-(B); 18.2-308.03(A); 18.2-308.04(C); 18.2-308.06
Last verified: 2026-10-27
Carrying a gun
| Permitless (constitutional) carry | No for concealed carry. Carrying a pistol, revolver or other firearm hidden from common observation without a concealed handgun permit is a Class 1 misdemeanor (higher for repeat violations), subject to listed exceptions, such as a person who may lawfully possess a firearm carrying a handgun secured in a container or compartment in a personal, private vehicle or boat. Open carry without a permit is generally not prohibited by state law (see open_carry). Source: Va. Code § 18.2-308(A), (C)(8) |
|---|---|
| Concealed carry permit | Concealed handgun permit, issued by the circuit court of the county or city where the applicant lives (applications go to the clerk). It is shall-issue in practice: the court 'shall issue the permit' within 45 days of a completed application unless the applicant is disqualified. Minimum age 21. Applicants must show competence with a handgun 'in person' by one of several listed means (for example, a hunter safety course, an NRA or USCCA course, a course by a certified instructor, law-enforcement training, military service or honorable discharge, organized shooting competition, or other training the court deems adequate). Fees: clerk $10, local law-enforcement background investigation up to $35, State Police up to $5, with the total capped at $50. Valid five years. Nonresident permits are also available (§ 18.2-308.06). Fees: https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-308.03/ ; issuance: https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-308.04/ . § 18.2-308.02 was last amended by 2026, c. 1034. |
| Open carry | Generally allowed without a permit for people who may lawfully possess firearms; no general state open-carry ban or permit exists. Limits: persons under 18 may not possess or transport a handgun or assault firearm except in listed situations; and in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond and Virginia Beach and the Counties of Arlington, Fairfax, Henrico, Loudoun and Prince William, it is a Class 1 misdemeanor to carry in public a loaded semi-automatic center-fire rifle or pistol with a magazine holding more than 20 rounds (or designed for a silencer or with a folding stock) or a shotgun with a magazine holding more than seven rounds, unless the person has a concealed handgun permit or another exemption applies. From July 1, 2027, that section is replaced by a statewide ban on carrying an 'assault firearm' in public places (exceptions for law enforcement, military, cadets, hunting and ranges). The July 1, 2027 version was enacted by 2026, cc. 1025, 1101 and 2026 Sp. Sess. I, c. 1. |
| Guns in your car | A person who may lawfully possess a firearm may carry a handgun without a permit in a personal, private motor vehicle or vessel if the handgun is secured in a container or compartment in the vehicle; otherwise a hidden handgun requires a concealed handgun permit. Since 2026, a handgun left in an unattended vehicle (on public property or in a commercial or retail parking area, where no occupant can observe the vehicle) must be out of plain view in a locked hard-sided container, such as a locked glove compartment or center console (Class 4 misdemeanor). Unattended vehicles: https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-308.7:2/ (2026, cc. 560, 561). |
| Other states' permits (reciprocity) | Virginia honors a valid concealed handgun or weapon permit from any other state for holders at least 21, provided the issuing state offers instant (24-hour where available) verification of its permits, the holder carries government photo ID and shows both on demand, and the holder has not had a Virginia permit revoked; the State Police enters into agreements with states that require them. Under an amended version effective July 1, 2027, recognition will be limited to states whose permit requirements the Attorney General finds substantially similar to Virginia's, published by the State Police, and Virginia residents without a Virginia permit may not use another state's permit (except active-duty service members and spouses). The Virginia State Police reciprocity list was not read. |
| Where guns are banned | Main places: (1) property of child day centers and public, private or religious preschools and K-12 schools, including buildings, grounds and school buses, and areas used for school functions while they occur (Class 6 felony, with listed exceptions); (2) courthouses; (3) the Capitol, Capitol Square and surrounding area, any building owned or leased by the Commonwealth, and offices where state employees regularly work; (4) within 100 feet of a polling place while polls are open, ballots are counted, or within one hour of opening or after closing; (5) air carrier airport terminals; (6) hospitals providing mental health or developmental services; (7) places of religious worship without good and sufficient reason. Permit holders may not carry while under the influence of alcohol, marijuana or illegal drugs in a public place, and may not drink alcohol while carrying concealed in a licensed restaurant or club. |
Buying a gun
| Age to buy a gun | It is unlawful for anyone younger than 21 to knowingly and intentionally purchase a handgun or an assault firearm (Class 1 misdemeanor); this under-21 purchase rule was added in 2026 (cc. 1102, 1106, 1107). Persons under 18 may not knowingly and intentionally possess or transport a handgun or assault firearm, except at home or on a parent's, grandparent's or guardian's property with their consent, at a range or firearms class or while hunting accompanied by an adult, or in official training or duties. Selling, giving or furnishing a handgun to a person one has good cause to believe is a minor is a Class 6 felony, except transfers between family members or for a sporting event or activity. Long guns: no separate state minimum purchase age appears in these sections. Furnishing to minors: https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-309/ |
|---|---|
| Background checks and private sales | Yes, for sales. Since 2020, no person may sell a firearm (for money, goods, services or anything of value) without first obtaining verification from a licensed dealer that the State Police has determined the buyer is not prohibited; the dealer may charge an extra fee of up to $15. Both the seller and the buyer commit a Class 1 misdemeanor if they skip the check. Exceptions include sales to an authorized gun buy-back program and certain sales at firearms shows after a State Police determination. Dealers must obtain consent and a State Police criminal history check before transferring any firearm. Since 2026 the private sale of an assault firearm is prohibited outright. No permit to purchase is required, except that buying more than one handgun in a 30-day period requires an enhanced State Police check (with exemptions). Dealer checks and one-handgun-a-month rule: https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-308.2:2/ . A 2025 Lynchburg Circuit Court injunction against the private-sale check law (Wilson v. Hanley) was dissolved effective July 1, 2026, per the Attorney General: https://www.oag.state.va.us/media-center/news-releases/3053-attorney-general-jay-jones-secures-victory-in-lynchburg-circuit-court-background-checks-on-private-firearm-sales-to-resume-july-1 |
| Waiting period | Virginia has no state law that sets a waiting period for buying a firearm. The State Police must respond to the dealer's check 'without delay'; if told a response will not be available by the end of the dealer's fifth business day, the dealer may complete the transfer. A Virginia buyer whose original or duplicate DMV ID was issued less than 30 days earlier cannot buy from a dealer until 30 days after issue unless the buyer shows a DMV record proving the original license is older than 30 days. Reviewed Va. Code tit. 18.2, ch. 7 (table of contents and the firearm-purchase sections 18.2-308.2:1 to 18.2-308.2:5) on 2026-10-27; no waiting-period provision found. Chapter TOC: https://law.lis.virginia.gov/vacode/title18.2/chapter7/ |
| Ghost guns and homemade firearms | Effective January 1, 2027: it is unlawful to knowingly import, buy, sell, offer for sale or transfer any completed or unfinished frame or receiver unless it is treated as a firearm under federal law and bears a valid serial number; and to make or assemble, import, buy, sell or transfer any firearm without a valid serial number. People without a federal manufacturing license may not sell or transfer a firearm they made or assembled. Effective July 1, 2027, knowingly possessing a firearm, frame or receiver without a valid serial number is also unlawful. Licensed dealers may serialize firearms and frames. Penalty: Class 1 misdemeanor; a second or later violation is a Class 4 felony. Exceptions include antique, permanently inoperable and certain older firearms. Separately (already in force), possessing a firearm whose serial number has been removed or altered is a Class 1 misdemeanor and selling or giving one is a Class 6 felony. Serial number tampering: https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-311.1/ |
Red flag law and weapon limits
| Red flag law | Yes (substantial risk orders). An attorney for the Commonwealth, a law-enforcement officer, listed licensed mental-health and medical professionals, certified evaluators, community services board designees, an immediate family or household member, an intimate partner, or a school administrator or superintendent (for a current or recent student) may petition a judge or magistrate for an emergency substantial risk order barring the person from purchasing, possessing or transporting firearms. An emergency order expires at 11:59 p.m. on the 14th day after issuance; a court must hold a hearing within 14 days to decide on a full substantial risk order, which can last up to 180 days and be extended for up to 180 days at a time on clear and convincing evidence. Full order: https://law.lis.virginia.gov/vacode/title19.2/chapter9.2/section19.2-152.14/ |
|---|---|
| Assault weapons and magazine limits | Yes, enacted 2026 (cc. 1106, 1107; effective July 1, 2026). Importing, selling, manufacturing, purchasing or transferring an 'assault firearm' is a Class 1 misdemeanor. 'Assault firearm' includes semi-automatic center-fire rifles or pistols with a fixed magazine over 15 rounds; semi-automatic center-fire rifles that accept detachable magazines and have one or more listed features (folding/telescoping stock, thumbhole stock or protruding pistol grip, second handgrip, grenade launcher, threaded barrel for a brake, compensator, suppressor or flash suppressor); semi-automatic center-fire pistols with two or more listed features; certain semi-automatic shotguns; revolving-cylinder shotguns; and belt-fed firearms. Bolt, pump, lever and slide action guns and antiques are excluded. Possession of assault firearms bought before July 1, 2026 is not banned, and such guns may be sold to a dealer or out-of-state buyer, inherited, or given to an immediate family member. Magazines: importing, selling, bartering, transferring or purchasing a device holding more than 15 rounds is a Class 1 misdemeanor (pre-July 1, 2026 magazines may be kept). From July 1, 2027, carrying an assault firearm in public places is banned statewide. Court status: the Attorney General reported that on June 25, 2026 a Lancaster County judge issued a temporary injunction pausing the Virginia State Police from implementing or enforcing the assault weapons ban (Crump v. Katz), and that on August 21, 2026 that court stayed the case, joining three other state courts and the U.S. District Court for the Eastern District of Virginia in granting stays pending U.S. Supreme Court review of assault weapons ban challenges. Court challenges are pending; check current status. Magazines: https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-309.1/ . AG releases: https://www.oag.state.va.us/media-center/news-releases/3055-attorney-general-jones-shares-statement-following-ruling-in-crump-v-katz-regarding-virginias-assault-weapons-ban (June 25, 2026); https://www.oag.state.va.us/media-center/news-releases/3099-stay-order-issued-in-virginias-assault-weapons-ban-case (Aug. 21, 2026). The statewide scope of the injunctions and whether they cover the magazine ban are reported only in news, not on an official page read. |
Gun Laws FAQ
Is Virginia a constitutional carry state?
No for concealed carry. Carrying a pistol, revolver or other firearm hidden from common observation without a concealed handgun permit is a Class 1 misdemeanor (higher for repeat violations), subject to listed exceptions, such as a person who may lawfully possess a firearm carrying a handgun secured in a container or compartment in a personal, private vehicle or boat. Open carry without a permit is generally not prohibited by state law (see open_carry).
How do you get a concealed carry permit in Virginia?
Concealed handgun permit, issued by the circuit court of the county or city where the applicant lives (applications go to the clerk). It is shall-issue in practice: the court 'shall issue the permit' within 45 days of a completed application unless the applicant is disqualified. Minimum age 21. Applicants must show competence with a handgun 'in person' by one of several listed means (for example, a hunter safety course, an NRA or USCCA course, a course by a certified instructor, law-enforcement training, military service or honorable discharge, organized shooting competition, or other training the court deems adequate). Fees: clerk $10, local law-enforcement background investigation up to $35, State Police up to $5, with the total capped at $50. Valid five years. Nonresident permits are also available (§ 18.2-308.06).
Is open carry legal in Virginia?
Generally allowed without a permit for people who may lawfully possess firearms; no general state open-carry ban or permit exists. Limits: persons under 18 may not possess or transport a handgun or assault firearm except in listed situations; and in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond and Virginia Beach and the Counties of Arlington, Fairfax, Henrico, Loudoun and Prince William, it is a Class 1 misdemeanor to carry in public a loaded semi-automatic center-fire rifle or pistol with a magazine holding more than 20 rounds (or designed for a silencer or with a folding stock) or a shotgun with a magazine holding more than seven rounds, unless the person has a concealed handgun permit or another exemption applies. From July 1, 2027, that section is replaced by a statewide ban on carrying an 'assault firearm' in public places (exceptions for law enforcement, military, cadets, hunting and ranges).
How old do you have to be to buy a gun in Virginia?
It is unlawful for anyone younger than 21 to knowingly and intentionally purchase a handgun or an assault firearm (Class 1 misdemeanor); this under-21 purchase rule was added in 2026 (cc. 1102, 1106, 1107). Persons under 18 may not knowingly and intentionally possess or transport a handgun or assault firearm, except at home or on a parent's, grandparent's or guardian's property with their consent, at a range or firearms class or while hunting accompanied by an adult, or in official training or duties. Selling, giving or furnishing a handgun to a person one has good cause to believe is a minor is a Class 6 felony, except transfers between family members or for a sporting event or activity. Long guns: no separate state minimum purchase age appears in these sections.
Do private gun sales need a background check in Virginia?
Yes, for sales. Since 2020, no person may sell a firearm (for money, goods, services or anything of value) without first obtaining verification from a licensed dealer that the State Police has determined the buyer is not prohibited; the dealer may charge an extra fee of up to $15. Both the seller and the buyer commit a Class 1 misdemeanor if they skip the check. Exceptions include sales to an authorized gun buy-back program and certain sales at firearms shows after a State Police determination. Dealers must obtain consent and a State Police criminal history check before transferring any firearm. Since 2026 the private sale of an assault firearm is prohibited outright. No permit to purchase is required, except that buying more than one handgun in a 30-day period requires an enhanced State Police check (with exemptions).
Is there a waiting period to buy a gun in Virginia?
Virginia has no state law that sets a waiting period for buying a firearm. The State Police must respond to the dealer's check 'without delay'; if told a response will not be available by the end of the dealer's fifth business day, the dealer may complete the transfer. A Virginia buyer whose original or duplicate DMV ID was issued less than 30 days earlier cannot buy from a dealer until 30 days after issue unless the buyer shows a DMV record proving the original license is older than 30 days.
Does Virginia have a red flag law?
Yes (substantial risk orders). An attorney for the Commonwealth, a law-enforcement officer, listed licensed mental-health and medical professionals, certified evaluators, community services board designees, an immediate family or household member, an intimate partner, or a school administrator or superintendent (for a current or recent student) may petition a judge or magistrate for an emergency substantial risk order barring the person from purchasing, possessing or transporting firearms. An emergency order expires at 11:59 p.m. on the 14th day after issuance; a court must hold a hearing within 14 days to decide on a full substantial risk order, which can last up to 180 days and be extended for up to 180 days at a time on clear and convincing evidence.
Does Virginia ban assault weapons or high-capacity magazines?
Yes, enacted 2026 (cc. 1106, 1107; effective July 1, 2026). Importing, selling, manufacturing, purchasing or transferring an 'assault firearm' is a Class 1 misdemeanor. 'Assault firearm' includes semi-automatic center-fire rifles or pistols with a fixed magazine over 15 rounds; semi-automatic center-fire rifles that accept detachable magazines and have one or more listed features (folding/telescoping stock, thumbhole stock or protruding pistol grip, second handgrip, grenade launcher, threaded barrel for a brake, compensator, suppressor or flash suppressor); semi-automatic center-fire pistols with two or more listed features; certain semi-automatic shotguns; revolving-cylinder shotguns; and belt-fed firearms. Bolt, pump, lever and slide action guns and antiques are excluded. Possession of assault firearms bought before July 1, 2026 is not banned, and such guns may be sold to a dealer or out-of-state buyer, inherited, or given to an immediate family member. Magazines: importing, selling, bartering, transferring or purchasing a device holding more than 15 rounds is a Class 1 misdemeanor (pre-July 1, 2026 magazines may be kept). From July 1, 2027, carrying an assault firearm in public places is banned statewide. Court status: the Attorney General reported that on June 25, 2026 a Lancaster County judge issued a temporary injunction pausing the Virginia State Police from implementing or enforcing the assault weapons ban (Crump v. Katz), and that on August 21, 2026 that court stayed the case, joining three other state courts and the U.S. District Court for the Eastern District of Virginia in granting stays pending U.S. Supreme Court review of assault weapons ban challenges. Court challenges are pending; check current status.
Can you keep a gun in your car in Virginia without a permit?
A person who may lawfully possess a firearm may carry a handgun without a permit in a personal, private motor vehicle or vessel if the handgun is secured in a container or compartment in the vehicle; otherwise a hidden handgun requires a concealed handgun permit. Since 2026, a handgun left in an unattended vehicle (on public property or in a commercial or retail parking area, where no occupant can observe the vehicle) must be out of plain view in a locked hard-sided container, such as a locked glove compartment or center console (Class 4 misdemeanor).
Which states' carry permits does Virginia honor?
Virginia honors a valid concealed handgun or weapon permit from any other state for holders at least 21, provided the issuing state offers instant (24-hour where available) verification of its permits, the holder carries government photo ID and shows both on demand, and the holder has not had a Virginia permit revoked; the State Police enters into agreements with states that require them. Under an amended version effective July 1, 2027, recognition will be limited to states whose permit requirements the Attorney General finds substantially similar to Virginia's, published by the State Police, and Virginia residents without a Virginia permit may not use another state's permit (except active-duty service members and spouses).
Where can't you carry a gun in Virginia?
Main places: (1) property of child day centers and public, private or religious preschools and K-12 schools, including buildings, grounds and school buses, and areas used for school functions while they occur (Class 6 felony, with listed exceptions); (2) courthouses; (3) the Capitol, Capitol Square and surrounding area, any building owned or leased by the Commonwealth, and offices where state employees regularly work; (4) within 100 feet of a polling place while polls are open, ballots are counted, or within one hour of opening or after closing; (5) air carrier airport terminals; (6) hospitals providing mental health or developmental services; (7) places of religious worship without good and sufficient reason. Permit holders may not carry while under the influence of alcohol, marijuana or illegal drugs in a public place, and may not drink alcohol while carrying concealed in a licensed restaurant or club.
Are ghost guns legal in Virginia?
Effective January 1, 2027: it is unlawful to knowingly import, buy, sell, offer for sale or transfer any completed or unfinished frame or receiver unless it is treated as a firearm under federal law and bears a valid serial number; and to make or assemble, import, buy, sell or transfer any firearm without a valid serial number. People without a federal manufacturing license may not sell or transfer a firearm they made or assembled. Effective July 1, 2027, knowingly possessing a firearm, frame or receiver without a valid serial number is also unlawful. Licensed dealers may serialize firearms and frames. Penalty: Class 1 misdemeanor; a second or later violation is a Class 4 felony. Exceptions include antique, permanently inoperable and certain older firearms. Separately (already in force), possessing a firearm whose serial number has been removed or altered is a Class 1 misdemeanor and selling or giving one is a Class 6 felony.
More Virginia law
- Virginia tenant rights & landlord-tenant law
- Virginia small claims court
- Virginia wills, probate & estates
- Virginia protective & restraining orders
- Virginia employment law
- Virginia debt & collections
- Virginia unemployment benefits
- Virginia divorce & family law
- Virginia expungement & criminal records
- Virginia traffic tickets & dui
- Virginia personal injury & wrongful death
- Virginia workers' compensation
- Virginia foreclosure & homeowner law
- Virginia consumer protection
- Virginia starting an llc & small business
- Virginia bankruptcy
- Virginia car insurance & vehicle laws
- Virginia property tax & homestead exemptions
- Virginia criminal law
- Find a lawyer or free legal help in Virginia
- All Virginia law guides
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.