Gun Laws in Virginia
Gun Friendliness Score
How We Calculate Gun Friendliness Scores
The Gun Friendliness Score ranges from 0 to 100 and represents how favorable a state's laws are toward gun ownership and use. We evaluate each state across 50 key gun policies, assigning points based on how these policies affect gun owners:
- Policies that support gun rights, reduce restrictions, or expand legal protections for gun owners receive positive points
- Policies that restrict firearm ownership, limit purchase options, or add regulatory burdens receive negative points
Virginia's strong score of 71 reflects the state's shall-issue concealed carry permits, strong preemption laws, recognition of out-of-state permits, and lack of assault weapon bans or magazine capacity restrictions.
Virginia Gun Laws Summary
Virginia maintains a balanced approach to firearms regulation, respecting Second Amendment rights while implementing certain safety measures. The Commonwealth has a strong tradition of gun ownership and generally avoids excessive restrictions on law-abiding citizens.
Virginia is a shall-issue state for concealed handgun permits. Circuit courts handle permit issuance, and qualifying applicants will receive their permits without discretionary denial. The state recognizes permits from all states that recognize Virginia permits, demonstrating a commitment to reciprocity.
While Virginia requires a permit for concealed carry, open carry is legal without a permit for anyone 18 years or older who can legally possess a firearm. This dual approach provides flexibility for law-abiding gun owners while maintaining a permitting system for those who choose to carry concealed.
Permitting, Sales and Transfers
Virginia requires background checks for all firearm sales conducted through federally licensed dealers (FFLs) using the Virginia State Police instant background check system. The state maintains its own system rather than using NICS directly, which typically provides faster results.
Private sales of long guns between individuals require no background check or permit. However, Virginia requires universal background checks for handgun sales, meaning all handgun transfers must go through an FFL or be conducted at a gun show where background check services are available.
Firearms in Public and in the Home
Virginia requires a concealed handgun permit (CHP) for concealed carry. The state offers both resident and non-resident permits, with applications processed through circuit courts. Virginia accepts proof of competence through various means including hunter education courses, military service, or online training courses.
Open carry is legal without a permit for anyone 18 years or older who can legally possess a firearm. However, certain localities prohibit open carry in specific areas like public buildings, parks during permitted events, and streets closed for public events. Virginia law prohibits carry in places of worship without good and sufficient reason, though this can be waived with permission from the church.
Firearm, Feature and Accessory Bans
Virginia has no bans on semi-automatic firearms, detachable magazines, or firearms with specific features. There are no magazine capacity restrictions at the state level. All NFA items (suppressors, short-barreled rifles, short-barreled shotguns, machine guns, etc.) are legal to own provided federal requirements are met. Virginia law provides strong preemption that prevents most local governments from enacting firearm regulations more restrictive than state law.
Local Laws
Virginia has preemption of most firearms laws, preventing localities from regulating the purchase, possession, transfer, ownership, carrying, storage, or transporting of firearms. However, localities retain limited authority to regulate firearms in certain buildings and during permitted events. Additionally, certain localities have grandfathered ordinances that predate the state's preemption law. This creates some variation in local regulations that gun owners should be aware of when traveling within the state.
2025 Gun Law Checklist
Virginia Gun Policy Profile: 50 Key Legislative Points
Purchasing and Sales Regulations
Background Check for Any Firearm Sale
State requires any firearm sale to go through a licensed dealer (FFL) and be subject to a background check. (Federal law requires those "engaged in the business" of buying/selling firearms to perform a background check during a sale). A private sale or transfer of any firearm between individuals (non-family members) must be also conducted through an FFL.
Background Check for Any Handgun Sale (Including Private Sales)
All handgun sales and most transfers are subject to a background check. Private sales of handguns between individuals (non-family members) must be conducted through an FFL.
Background Check Extensions
State will halt the transfer of a firearm if a background check is delayed. Some states will halt the process indefinitely, some for a set amount of time.
Failed Background Check Reported to Law Enforcement
The firearm dealer (or state agency conducting the background check) has a responsibility to notify local law enforcement of a failed background check.
Must be 21 or Older to Purchase
Most firearms–including rifles, shotguns, and handguns–cannot be sold to anyone under the age of 21. (Federal laws permit long guns to be sold to those over the age of 18.)
Permit to Purchase
State requires a permit (single-use or renewable) for all firearms or specifically for handguns. States typically charge a fee for the permit and a background check is performed during the application.
Mandatory Waiting Periods
Prior to purchasing a firearm, an individual must wait a specified period (typically between 3-14 days) between initiating the purchase and taking possession of the firearm.
State Licenses All Gun Dealers
State has a licensing system for firearms merchants above and beyond the federal (FFL) system.
Purchase Rejected for Public Safety Reasons
State officials able to block sales of firearms if the purchaser is deemed to be a threat to themselves or to public safety (according to the judgment of the official)
Approved Handgun Roster
State controls what make and model handguns are sold; according to their own criteria. Often, this involves a "roster" of approved handguns with the right "safety" features, such as a loaded chamber indicator, or even the amount of metal in the firearm (Maryland). Often, LE are exempt from these requirements.
Strict Unfinished Frames and Receivers Laws
State sets a lower threshold for unfinished frames and receivers (beyond ATF rule 2021R-05F). Includes ban on 3D-printing of these parts in some states.
Ownership and Registration Requirements
Permit to Possess
Several states require a permit just to possess: a handgun (New York); any firearms or ammunition (Illinois).
State Firearm or Handgun Registry
State keeps a record of every firearm or handgun sold. Includes states with a permit to purchase and states that keep records of purchases.
Mandatory Firearms Training
Prior to purchasing a firearm, an individual must prove they completed the state ordered training. Often, this is part of the application process for a Permit to Purchase.
Secure Storage Requirement
Gun owners must lock up firearms in the home (or anywhere else a minor or prohibited person may have access).
Magazine Capacity Limits
State limits magazine capacity for some or all firearms.
"Assault Weapons" Ban
Magazine fed, semi-automatic, centerfire rifles cannot have other "features" (pistol grip, flash hider, etc.) or they are considered "assault weapons." New guns cannot be registered as "assault weapons." Possession is prohibited with limited exceptions.
Microstamping Law
State has a law banning the sale of a new pistol unless its firing can imprint its serial number somewhere on the cartridge case during firing. This technology is make-believe at present, but these laws will effectively ban the sale of new handguns in the state if/when they become effective
Penalties for Not Reporting a Lost or Stolen Firearm
Gun owners must report the loss or theft of firearms–usually within several days of the incident or first discovering the loss–or potentially face a criminal penalty.
Carry and Location Restrictions
Mandatory Permit for Concealed Carry
State requires a permit to carry a concealed pistol. This includes all states that "may issue" a permit (where officials may deny a permit for subjective reasons).
Officials Can Deny Carry Permit
State allows the carry permit officials to deny an application based on the state's own criteria.
Open Carry Limited or Banned
State restricts open carry to rifles and shotguns or bans open carry completely unless you are LE or special permit holder.
No Carry Mandate for College Campuses
State has not passed a blanket law permitting concealed carry on college campuses.
Gun Ban on Most Public Property
State limits or bans any type of carry in and around government facilities (state, county, municipal) and/or limits carry of firearms in parades and demonstrations
Guns Banned in Bars
State prohibits carry inside bars or consumption of alcohol while carrying.
No Guns in K-12 Schools
Only LE (and in some states, specially licensed school officials) may carry on school property.
Does Not Recognize Other States' Carry Permits
State doesn't consider concealed carry permits from other states valid
Prohibited Persons and Possession Restrictions
Felons are Also Prohibited Persons at State Level
State has a law prohibiting felons from owning guns and ammo, even though federal law already does this.
Fugitives are Also Prohibited Persons at State Level
State has a law prohibiting fugitives from justice from owning guns and ammo, even though federal law already does this.
Involuntarily Committed are Also Prohibited Persons at State Level
State has a law prohibiting those who have been involuntarily committed (to a psychiatric hospital or mental institution), or those found to be a danger to themselves or others from owning guns and ammo. Federal law already prohibits anyone found to be mentally defective or committed to a mental institution at 16 years or older.
Violent Offenders Cannot Possess
State will take away firearms, deny future possession, or at minimum deny future purchase of firearms for certain misdemeanor crimes of violence (besides domestic violence violence).
Domestic Violence Offenders Also Prohibited Persons at State Level
State has a law prohibiting those convicted of misdemeanor domestic violence from owning guns and ammo, even though federal law already does this
Stalkers are Prohibited Persons at the State Level
State has either made stalking a felony (instant prohibitor) or makes an individual convicted of misdemeanor stalking a prohibited person.
Intervention and Seizure Provisions
Red Flag Law
Law enforcement (and others, depending on the state) is allowed to request that firearms be taken away from others with limited due process.
Emergency Gun Seizure Before Restraining Orders
Similar to a red flag law, state will take away guns before an actual conviction. This is often during domestic disputes, before a restraining order takes effect, and in similar situations.
Guns Seized for Hate Crimes
State will take away all firearms from an individual in response to a misdemeanor hate crime conviction.
Guns Seized After Becoming Prohibited
State will quickly respond when an individual's status changes to prohibited and take away all firearms belonging to that person.
Guns Seized After Domestic Violence Conviction
State will quickly respond to take away firearms from an individual if they are convicted of misdemeanor domestic violence.
Guns Seized Amid Restraining Orders
State will take away all firearms from anyone who is subject to a restraining order, even though federal law already does this.
No Stand Your Ground Law
State imposes a "duty to retreat" before using force or requires "proportional force" when responding to an attack or dangerous situation with force.
Monitoring and Threat Assessment
Mental Health Database
State maintains records of anyone that has been committed or involuntarily committed to psychiatric hospitals. They send this information to the FBI for use by the NICS (or when conducting a state background check, if applicable).
School Officials Conduct Threat Assessments
Teams of mostly school officials are empowered by law to refer children for mental health assessments or take more drastic action if they believe the child poses a threat to themselves or others.
Mandatory Tracing of "Crime Guns"
Law enforcement must use either a state system or the federal firearm tracing system to research any firearm recovered from a crime scene or used in a crime.
Law Enforcement Oversight and Accountability
No LE Officers Bill of Rights
Some states never passed (or passed and later repealed) a set of basic protections for public safety officers. These protections vary by state. They often include the right to engage in political activity and run for public office, and the right to refuse a lie detector test, among other things.
Heavy Restrictions on LE Use of Deadly Force
State laws severely limit the discharge of firearms to apprehend criminals, including against individuals suspected of murder or fleeing a felony in many cases.
Reports for LE Deadly Force Incidents
Law enforcement agencies are required to report any officer-involved shootings that result in serious injury or death. Monthly or annual reports are compiled using this data and made available to the public.
No Qualified Immunity Defense Laws
In civil court, LE officials may not use a defense of qualified immunity if they are accused of certain civil rights violations. This includes situations in which a firearm was used.
Prevention and Support Programs
Dedicated Office of Gun Violence Prevention
Some states have passed legislation creating gun violence prevention offices that target "community gun violence." Taxpayer funds are used to support these programs, which may have little to no effect on violent crime.
Funding for Services of Victims of Gun Violence
Some states maximize the use of federal money intended for victims of violent crime by increasing pool of eligible claimants. Money is paid out to families of convicted felons in many cases.
Local Control
Counties / Cities / Towns Can Pass Stricter Gun Laws
Local governments are free to pass their own gun control laws in addition to any existing laws at the federal and state levels. Some states prohibit local governments from passing laws about specific things-including guns. This is known as preemption.
Conclusion
Virginia, when compared to most states within the US, is fairly permissive when it comes to the buying of firearms and ammunition, as well as the carrying of firearms.
While the state-level laws are fairly permissive, meaning that the only major restrictions come from the federal level, there are some important caveats when it comes to the nature of VA’s firearms laws. For example, state law explicitly allows cities and counties to regulate the carrying of rifles and shotguns on or near public roadways and sidewalks. While localities can, and sometimes do, make stricter regulations than the state, the general process of buying firearms and ammo in the state is mostly in line with federal regulations, making VA law more permissive than many other states in terms of firearms laws.
Because of the ability of localities to make regulations that are stricter than those at the state level, this piece focuses mainly on the generalities of state law in Virginia as far as buying and carrying firearms and ammunition. While this piece is not legal advice, it should serve as a good guide for those interested in owning or carrying firearms in Virginia.
Ammo Laws/Buying Ammo in Virginia
First, we will cover the ammo laws of the state.
Generally, ammunition sales in Virginia are regulated by the federal government. Basically, most people in Virginia can buy ammunition so long as they are old enough: 21 for handgun ammunition and 18 for either rifle or shotgun rounds. Additionally, the buyer cannot be a prohibited person, which includes people convicted of felonies, declared mentally unfit, or convicted of certain drug offenses.
There is one important, but highly specific, regulation that Virginia places on ammunition sales: ammunition with plastic-coated slugs is prohibited in the state.
Aside from the prohibition on plastic-coated bullets (shotgun shells are ok), folks of the necessary age and who are not prohibited persons can purchase ammunition in Virginia and have that ammunition shipped to residential addresses as well. Keep in mind that package carriers may impose additional requirements, such as asking for an adult with a valid ID to sign for the package on delivery.
Gun Laws/Buying Guns in Virginia
Much like the ammunition laws, the firearms laws in Virginia are relatively permissive, and mostly governed by federally set standards, though there are a few exceptions to this rule.
For example, the state defines “assault firearms” as semi-automatic firearms that take magazines of over twenty rounds along with having either a folding stock or a threaded barrel, and then mandates state-level background checks for the transfer or sale of those firearms. In a similar vein, the same section of state law mandates that virtually all private sales have an accompanying background check and assigns set fees that FFLs can collect to initiate those checks.
While these processes are not bans on any particular firearms, they are additional paperwork steps that Virginia imposes on firearms sales. Aside from those restrictions, the state does not impose mandatory waiting periods. Thus, assuming the buyer is not a prohibited person, all the buyer has to do to purchase a gun in the state is fill out Form 4473, pass the background check, and pay for the firearm before leaving with it the same day. Of course, items regulated by the NFA, such as suppressors, will take longer and come with the tax stamps and wait times imposed by the federal government.
Purchasing firearms in Virginia, with the exception of requiring background checks for private transfers, is fairly straightforward. Carrying a firearm in the state, on the other hand, is quite a bit more complicated. Technically, the state itself has no prohibition against openly carrying a rifle, shotgun, or handgun.
But, since localities such as cities and counties can set their own rules about who can carry a firearm openly, the legality of carrying openly varies widely from place to place. The Virginia Citizens Defense League is an excellent source of information on where people can carry firearms in the state, and they maintain a comprehensive and up-to-date list of carry restrictions in the state, down to the local level.
VA also allows for the concealed carry of handguns through a permitting process that is administered through local police offices. These permits cost $50 or less, are shall-issue, and consist of a background check not that different from the one used to purchase firearms in the state. Like all shall-issue states, these permits are available to any state resident who is not a prohibited person, assuming the person is willing to pay the fee and submit to the background check. That same list from the Virginia Citizens Defense League also has a good list of prohibited places for concealed carry. Still, the statute also outlines that one cannot generally carry a firearm in Virginia in:
-
Court buildings
-
Jails and Prisons
-
Educational Institutions
-
While drinking alcohol or under the influence of drugs
These restrictions are not uncommon, but Virginia’s carry laws are unusual in a few respects. Many states prohibit people from carrying firearms in bars or clubs, which Virginia allows, but the state instead makes it illegal to carry while drinking, which will likely have the same practical effects.
Also, Virginia’s carry policies are more strict than they appear at the state level, since localities can and do set their own regulations for open and concealed carry. Thus, Virginia is fairly permissive in terms of buying firearms but can be fairly restrictive when it comes to carrying a firearm, depending on where one is in the state. The number and nuance of local regulations make openly carrying a firearm in the state a potential legal liability for folks, and thus the concealed carry permit is likely the way to go for people who want to be in the clear while carrying a firearm.
There are also a number of firearms manufacturers in the state. For instance, Zenith’s American headquarters is in the state. All things considered, VA is in about the middle of the pack when it comes to gun friendliness: while there are no major bans in place, the addition of local restrictions on carry makes life with firearms a little more complicated.
Sales Tax on Guns/Ammo in Virginia
VA has a state sales tax rate of 4.3%, but localities set additional taxes, meaning that in some places taxes are as high as 7% on general goods. There is some good tax news, too: VA allows people to claim a tax credit on firearm safety devices such as safes.
While not a tax as such, FFLs often charge fees for background checks, even for private part sales: these are also part of the cost of firearms ownership in the state.
More Resources
-
The ATF maintains a list of all FFLs in the country, including those in Virginia. The list is kept up to date, and most gun stores are Type 1 or Type 2 FFLs.
-
There are a number of well-rated ranges in the state, whether you’re looking for indoor or outdoor shooting experiences.
-
Even in the notably less gun-friendly areas near Washington DC, there are quite a few gun stores in VA as well.
-
The Virginia Citizens Defense League has a ton of relevant information on its site about gun ownership, and it also hosts frequent events, meetups, and pro-gun rights activism.
The NRA’s National Firearms Museum is also in the state for those interested in seeing a wide array of firearms on display.