Unpacking Weapons Possession Laws and Regulations in Virginia

Virginia’s gun possession laws are continually in transition. Virginia, like many other southern states, has historically supported the right to bear arms under the U.S. Constitution’s Second Amendment. But recently, as gun violence continues to be a serious problem in Virginia, state lawmakers and bureaucrats have enacted various laws and regulations limiting firearm use, possession, and even ownership. who may own, carry, and use firearms.

The laws change, but a commitment of a Leesburg criminal defense lawyer doesn’t change. Gun possession charges, like other illegal possession charges, usually have procedural, substantive, and/or affirmative defenses. An attorney leverages these defenses during trial, or more likely during pretrial settlement negotiations, to obtain the best possible result under the circumstances.

Legal Ownership and Purchase Requirements

The “bear” (carry) arms provision in the Second Amendment may be the most controversial one. To legally possess a firearm in Virginia, certain age and eligibility requirements apply.

Residents must be at least 18 years old to purchase rifles or shotguns and at least 21 to buy handguns from licensed dealers.

Background checks are required for all firearm sales, whether conducted by licensed dealers or private sellers. A 2020 law closed the private-sale background check exemption loophole. This background check process ensures that individuals with felony convictions, certain misdemeanor domestic violence convictions, or active protective orders cannot legally obtain firearms.

The state doesn’t require firearm registration, individuals don’t need state permits needed to possess rifles or shotguns. However, some localities are permitted to regulate the carrying and discharge of firearms in public areas, particularly government buildings, parks, and events.

The state also has a “red flag” law, officially known as the Emergency Substantial Risk Order, allowing law enforcement to temporarily remove firearms from individuals deemed a danger to themselves or others after a court hearing.

Concealed and Open Carry

Generally, Virginia allows both open and concealed carry of firearms, but the rules differ. The permit-less open carry law protects most adults legally allowed to own a gun. Additional restrictions apply in cities like Alexandria, Richmond, and Norfolk. Many local ordinances prohibit open carry in specific areas.

To carry a concealed handgun, a local circuit court must issue a Concealed Handgun Permit (CHP). Applicants must complete a firearm safety or training course and undergo a background check. The permit is valid for five years and recognized in many other states through reciprocity agreements. However, Virginia has revoked reciprocity with some states that have weaker training or background check requirements.

Restrictions and Recent Developments

Certain categories of people are barred from gun possession in Virginia, including convicted felons, individuals involuntarily committed for mental health treatment, and those subject to domestic violence restraining orders.

For now, no stronger restrictions apply, such as the type of firearm or owner’s makeup. In recent years, however, lawmakers have debated measures such as banning assault-style weapons and implementing universal waiting periods, though such proposals have faced strong political resistance.

In 2020, Virginia’s Blue-dominated Legislature enacted several gun safety reforms. These reforms included reinstating a “one-handgun-a-month” purchase limit and requiring the reporting of lost or stolen firearms. As of 2025, discussions continue over how to balance constitutional rights with public safety concerns amid rising concerns about gun violence in urban areas.

Rely on a Hard-Working Loudoun County Lawyer

There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Virtual, home, and after-hours visits are available.