Buying a Gun in Virginia
The age to buy a gun in Virginia, background checks for dealer and private sales, any waiting period, and rules on ghost guns.
Short answer: 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)
| 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/ |
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| 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/ |
More Virginia gun laws
- Concealed Carry in Virginia
- Open Carry in Virginia
- Red Flag Law and Weapon Limits in Virginia
- All Virginia gun laws rules
FAQ
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.
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.
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.