Carrying a Firearm in Virginia

The following is a summary of the laws and regulations regarding carrying a firearm in Virginia. Yes, the 2nd Amendment to the United States Constitution applies in the Commonwealth, but the 2nd Amendment does not prevent the States from imposing regulations regarding the ownership, carrying, and use of firearms.

Therefore, to be a responsible, law-abiding gun owner in Virginia, it is critically important that you know and follow the Commonwealth’s laws regarding carrying your weapon.

This guide is for informational purposes only, and does not constitute legal advice. If you wish to obtain actual legal advice on this subject, please schedule a consultation by clicking here now.

Open Carry

In Virginia, it is legal for everyone and anyone in the Commonwealth to openly carry a firearm, except for Felons. This is true of residents of Virginia, as well as anybody currently in the State. (See § 18.2-279 et seq.)

However, be mindful that there are exceptions where it is illegal to open carry, which are outlined in the section outlining exceptions below.

Concealed Carry

To carry a concealed firearm in Virginia, you must have a concealed carry permit unless an exception applies. §18.2-308.

Exceptions:

  • Any person while in his own place of abode or the curtilage thereof. § 18.2-308 (B)
  • Any person while in his own place of business;
  • Any law-enforcement officer, or retired law-enforcement officer pursuant to § 18.2-308.016, wherever such law-enforcement officer may travel in the Commonwealth;
  • Any person who is at, or going to or from, an established shooting range, provided that the weapons are unloaded and securely wrapped while being transported;
  • Any regularly enrolled member of a weapons collecting organization who is at, or going to or from, a bona fide weapons exhibition, provided that the weapons are unloaded and securely wrapped while being transported;
  • Any person carrying such weapons between his place of abode and a place of purchase or repair, provided the weapons are unloaded and securely wrapped while being transported;
  • Any person actually engaged in lawful hunting, as authorized by the Board of Wildlife Resources, under inclement weather conditions necessitating temporary protection of his firearm from those conditions, provided that possession of a handgun while engaged in lawful hunting shall not be construed as hunting with a handgun if the person hunting is carrying a valid concealed handgun permit;
  • Any attorney for the Commonwealth or assistant attorney for the Commonwealth, wherever such attorney may travel in the Commonwealth;
  • Any person who may lawfully possess a firearm and is carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel;
  • Any enrolled participant of a firearms training course who is at, or going to or from, a training location, provided that the weapons are unloaded and securely wrapped while being transported; and
  • Any judge or justice of the Commonwealth, wherever such judge or justice may travel in the Commonwealth. § 18.2-308 (C).
  • Any person, while in the discharge of their official duties, or while in transit to or from such duties:
    • Carriers of the United States mail;
    • Officers or guards of any state correctional institution;
    • Conservators of the peace, except that a judge or justice of the Commonwealth, an attorney for the Commonwealth, or an assistant attorney for the Commonwealth may carry a concealed handgun pursuant to subdivisions C 7 and 10. However, the following conservators of the peace shall not be permitted to carry a concealed handgun without obtaining a permit as provided in this article: (i) notaries public; (ii) registrars; (iii) drivers, operators, or other persons in charge of any motor vehicle carrier of passengers for hire; or (iv) commissioners in chancery; and
    • Noncustodial employees of the Department of Corrections designated to carry weapons by the Director of the Department of Corrections pursuant to § 53.1-29. § 18.2-308 (D).

Exceptions, Where It’s Illegal to Concealed or Open Carry

Regardless of whether you are open carrying or concealed carrying, it is illegal to carry:

  • Into a place of religious worship “without good and sufficient reason, to a place of worship while a meeting for religious purposes is being held. . .” § 18.2-283.
  • Into a courthouse. § 18.2-283.1.
  • Into the Capitol Square and surrounding areas. § 18.2-283.2.
  • Into other Virginia state-government or state-agency buildings, or any office where state or agency employees regularly work, including rest stops.  § 18.2-283.2.
  • Into an Airport Terminal. § 18.2-287.01.
  • A semi-automatic center-fire rifle or pistol, or shotgun with a capacity of more than 7 rounds, on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public:
    • in the Cities of:
      • Alexandria
      • Chesapeake
      • Fairfax
      • Falls Church
      • Newport News
      • Norfolk
      • Richmond
      • or Virginia Beach
    • or in the Counties of:
  • Into Federal Facilities (18 USC § 930) and other certain Federal Lands
  • Into/Onto Buggs Island (4 VAC 15-40-140)
  • Into/Onto Hog Island Wildlife Management Area (4 VAC 15-40-120)
  • Most Public Colleges and Universities
  • Detention Facilities (§ 15.2-915)
  • K-12 School Grounds, Preschool Grounds, Child Daycare School Grounds during operating hours, K-12 School Busses, and any properties used exclusively for K-12 school-sponsored functions (§ 18.2-308.1
    • EXCEPT Concealed Handgun Permit holders carrying in their vehicle on said properties
  • While consuming alcohol at a restaurant, bar, or club (§ 18.2-308.012)
  • On Private Property where the owner has prohibited carrying (§ 18.2-308.01(C))

Obtaining a Concealed Handgun Permit

A resident of Virginia may obtain a Concealed Handgun Permit from the circuit court of the county or city in which the applicant resides. (§§ 18.2-307.1 et seq.

Each court has different rules and procedures, so an applicant must contact the relevant circuit court to obtain the necessary paperwork and information, and to submit the application.

To be eligible for such a permit, an applicant must complete an approved training and safety course. § 18.2-308.02.

Out-of-State Concealed Handgun Reciprocity

Virginia recognizes all valid concealed handgun permits issued by other states.

Virginia’s Concealed Handgun Permit is recognized by all States except the following:

  • California
  • Connecticut
  • Delaware
  • Hawaii
  • Illinois
  • Maryland
  • Massachusetts
  • Minnesota
  • New Jersey
  • New York
  • Oregon
  • Pennsylvania
  • Rhode Island
  • Washington

Conclusion

In order to be a responsible, law-abiding gun owner in Virginia, it is incumbent upon you to familiarize yourself with the rules governing carrying a firearm and to follow them.

This guide is not legal advice, but rather for informational purposes only. If you wish to get legal advice on this, or any other matter, please set up a consultation by clicking here now.