Isabella Carter
In the United States, the term constitutional carry, also called permitless carry, unrestricted carry, or Vermont carry, refers to the legal public carrying of a handgun, either openly or concealed, without a license or permit. In 2023, Virginia Delegate Marie March introduced Constitutional Carry HB 1393, a bill authorizing the carrying of concealed handguns without a permit within the Commonwealth of Virginia. While Virginia is fairly permissive when it comes to the buying of firearms and ammunition, its carry policies are more complex. Localities can set their own regulations for open and concealed carry, making the state fairly restrictive when it comes to carrying a firearm depending on where one is in the state.
| Characteristics | Values |
|---|---|
| Constitutional carry in Virginia | Virginia is not a full constitutional carry state as it requires a permit for concealed carry. |
| Open carry in Virginia | Open carry is generally permitted in Virginia without a permit for those over 21. |
| Buying firearms in Virginia | Virginia is fairly permissive when it comes to buying firearms. The only major restrictions are federal-level restrictions. |
| Buying ammunition in Virginia | Buyers must be over 18 for rifle or shotgun rounds and over 21 for handgun ammunition. The buyer cannot be a prohibited person, including people convicted of felonies, declared mentally unfit, or convicted of certain drug offenses. |
| Concealed carry in Virginia | Concealed carry is legal with a CCW permit. Virginia honors out-of-state concealed carry permits for individuals over 21 with a photo ID. Residents must have a Virginia Handgun Permit (HP) to carry in the state. |
| Local regulations in Virginia | Localities such as cities and counties can set their own rules about who can carry a firearm openly, so the legality of carrying openly varies across the state. |
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What You'll Learn
Virginia's gun laws are more permissive than most US states
Virginia's gun laws are more permissive than those of most other US states. While the state-level laws are fairly liberal, the only major restrictions come from federal legislation. There are, however, some important nuances to Virginia's gun 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. Localities can, and often do, make stricter regulations than the state, meaning that the legality of carrying a firearm openly varies widely from place to place.
Virginia does not impose mandatory waiting periods. Assuming the buyer is not a prohibited person, all they need to do to purchase a gun is fill out Form 4473, pass a background check, and pay for the firearm before leaving with it the same day. The only firearms prohibited in Virginia are the Armsel Striker, similar shotguns, and any "plastic firearms." Firearms must contain at least 3.7 ounces of electromagnetically detectable metal in specific parts, and when subjected to x-ray machines, they must generate an image that accurately depicts their shape. There are no magazine capacity limitations, except that a concealed handgun permit (CHP) is required to carry magazines with more than 20 rounds in some urban, public areas.
Virginia is a shall-issue state. Residents can apply through the circuit court in their county of residence, and non-residents must mail their application to the State Police. There is no permit or firearms registration required when buying a handgun from a private individual, provided the buyer and seller are both Virginia residents. However, as of July 1, 2020, all sales must be completed through a dealer who must submit a background check. A one-handgun-per-month purchase restriction is also in effect, although concealed carry permit holders are exempt. Open carry is legal in Virginia without a permit for anyone who is at least 18 years old and can legally possess a firearm.
Virginia honors all valid out-of-state concealed carry permits issued to individuals who are at least 21 years old and carry a photo ID issued by a government agency. Residents must have a Virginia Handgun Permit (HP) to carry in the state. Concealed carry is legal for residents with a Virginia CHP and non-residents with any valid state license/permit. Virginia CHPs are issued to both residents and non-residents over 21 who have completed a state-approved firearms training course and demonstrated competence with the firearm. Some areas are off-limits, including airport terminals and places of worship during services.
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Virginia allows carrying firearms in bars and clubs
Virginia 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 Virginia's firearms laws. For example, localities such as cities and counties can set their own rules about who can carry a firearm openly, and the legality of carrying openly varies widely from place to place.
Virginia honors all valid out-of-state concealed carry permits issued to individuals who are at least 21 years old and are carrying a photo ID issued by a government agency. Residents must have a Virginia Handgun Permit (HP) in order to carry in the state. Virginia CHPs are issued to both residents and non-residents at least 21 years old and require a state-approved firearms training course and demonstrated competence with the firearm. Some areas are off-limits, including airport terminals and places of worship during services. In addition, municipalities may ban guns in government buildings and areas such as public parks, recreation or community centers, and outdoor areas being used during permitted events.
Virginia does not impose mandatory waiting periods for purchasing firearms. 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.
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Virginia does not impose mandatory waiting periods
Firstly, while Virginia does not impose mandatory waiting periods, there are certain restrictions on who can purchase firearms. For example, buyers must be at least 21 years old to purchase handgun ammunition and at least 18 years old to buy rifle or shotgun ammunition. Additionally, the buyer cannot be a prohibited person, including individuals convicted of felonies, those declared mentally unfit, or those convicted of certain drug offenses.
Secondly, Virginia's carry policies are more complex than its purchasing laws. While the state does not prohibit the open carry of a rifle, shotgun, or handgun, localities such as cities and counties can set their own rules about who can carry a firearm openly. This means that the legality of open carry can vary widely from one place to another within Virginia. As a result, many people in Virginia opt for a concealed carry permit to ensure they are in compliance with local regulations.
It is worth noting that Virginia does honour out-of-state concealed carry permits, provided the individual is at least 21 years old and has a valid photo ID issued by a government agency. However, for residents of Virginia, a Virginia Handgun Permit (HP) is required to carry a concealed firearm within the state. Additionally, Virginia allows the carrying of firearms in bars or clubs, but it is illegal to carry a firearm while drinking alcohol.
In summary, while Virginia does not impose mandatory waiting periods for purchasing firearms, the state's carry policies can be complex and vary depending on local regulations. It is important for individuals in Virginia to familiarise themselves with both state-level and local laws regarding the purchase and carry of firearms to ensure compliance with all applicable regulations.
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Virginia honors out-of-state concealed carry permits
Virginia is a shall-issue state, meaning that it issues permits to both residents and non-residents. Residents must apply for a Virginia Handgun Permit (HP) in their county of residence, while non-residents must mail their application to the State Police. Virginia offers five-year non-resident permits for individuals over the age of 21.
Virginia honors all valid out-of-state concealed carry permits, provided that the permit holder is over the age of 21 and carries a valid photo ID issued by a government agency. The state also requires that the permit holder displays their permit and photo ID upon request by a law enforcement officer.
Virginia's gun laws can be complex, as localities can set their own regulations for open and concealed carry. For example, localities may ban the open carry of firearms in public buildings, parks, and at special events. Additionally, there are certain areas that are off-limits for carrying a firearm, including airport terminals and places of worship during services. Municipalities may also ban guns in government buildings and other public areas.
Virginia does not impose mandatory waiting periods for gun purchases. Buyers must fill out Form 4473, pass a background check, and be of legal age to purchase a gun. The state also has specific regulations for ammunition sales, including a prohibition on plastic-coated bullets.
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Virginia's Constitutional Carry Bill was introduced in 2023
Virginia has fairly permissive gun laws when compared to most states within the US. While the state-level laws are fairly permissive, meaning that the only major restrictions come from the federal level, there are some important caveats. For example, state law explicitly allows cities and counties to regulate the carrying of rifles and shotguns on or near public roadways and sidewalks. Localities can, and sometimes do, make stricter regulations than the state, making the process of carrying a firearm in the state quite complicated.
In 2023, Virginia Delegate Marie March, House District 7, introduced Constitutional Carry HB 1393, a bill authorizing the carrying of concealed handguns without a permit within the Commonwealth of Virginia. Specifically, Delegate March’s bill would allow anyone, both resident and non-resident, to carry a concealed handgun without a permit, as long as the person is carrying in a location where they may lawfully openly carry a handgun and are qualified to obtain a concealed handgun permit.
Although not a perfect bill, passing HB 1393 would restore, in certain instances, the constitutionally-protected right of individuals to carry a concealed handgun for self-defence in Virginia. Virginia does not currently have constitutional carry, and to carry a concealed firearm, a CCW permit is required. Virginia does, however, recognize all valid out-of-state concealed carry permits issued to individuals who are at least 21 years old and are carrying a photo ID issued by a government agency.
Virginia is one of the states that allow the purchase of ammunition and firearms with minimal restrictions. As long as the buyer is not a prohibited person, they can purchase a gun by filling out Form 4473, passing a background check, and paying for the firearm. There is no waiting period, and the buyer can leave with the firearm the same day.
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Frequently asked questions
In the United States, constitutional carry, also called permitless carry, unrestricted carry, or Vermont carry, refers to the legal public carrying of a handgun, either openly or concealed, without a license or permit.
Virginia is fairly permissive when it comes to the buying of firearms and ammunition, as well as the carrying of firearms. Virginia does not impose mandatory waiting periods. However, localities such as cities and counties can set their own rules about who can carry a firearm openly, so the legality of carrying openly varies widely from place to place. Virginia is not considered a full constitutional carry state as it requires a permit for concealed carry.
In 2023, Virginia Delegate Marie March introduced Constitutional Carry HB 1393, a bill authorizing the carrying of concealed handguns without a permit within the Commonwealth of Virginia. The bill would allow anyone, both resident and non-resident, to carry a concealed handgun without a permit, as long as the person is carrying in a location where they may lawfully open carry a handgun and are qualified to obtain a concealed handgun permit.
Residents must have a Virginia Handgun Permit (HP) to carry in the state. Virginia honors all valid out-of-state concealed carry permits issued to individuals who are at least 21 years old and are carrying a photo ID issued by a government agency.
Virginia's carry policies are more strict than they appear at the state level, as localities can and do set their own regulations for open and concealed carry. For example, localities can regulate the carrying of rifles and shotguns on or near public roadways and sidewalks. Carrying a firearm in Virginia is quite complicated due to the number and nuance of local regulations.
