Jonah Patel
Virginia has introduced a bill, HB 1393, also known as the Constitutional Carry bill, which would allow individuals to carry a concealed handgun without a permit. The bill was introduced by Virginia Delegate Marie March during the 2023 legislative session. While Virginia already permits open carry without a permit for individuals over the age of 18 who can legally possess a firearm, the new bill would extend this permitless carry to concealed handguns as well. This means that Virginia would become a constitutional carry state, where state law does not prohibit citizens who can legally possess firearms from carrying handguns openly or in a concealed manner.
| Characteristics | Values |
|---|---|
| Concealed carry laws | Legal with a CCW permit |
| Open carry laws | Legal without a permit for anyone over 18 who can legally possess a firearm |
| Gun registration requirements | Not required when buying a handgun from a Virginia resident, provided the buyer and seller are both residents |
| Background checks | Required as of July 1, 2020, for all sales completed through a dealer |
| Purchase restrictions | One handgun per month restriction, exempt for concealed carry permit holders |
| Self-defense laws | Virginia case law supports self-defense, a version of the castle doctrine, and stand your ground in certain circumstances |
| Duty to retreat | No duty to retreat |
| Use of deadly force | Deadly force is justified when a person reasonably believes the intruder will commit great bodily injury or death |
| Constitutional carry laws | Constitutional Carry HB 1393 bill introduced in 2023, authorizing the carrying of concealed handguns without a permit |
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What You'll Learn
Open carry laws in Virginia
Open carry is legal in Virginia without a permit for anyone who is at least 18 years old and can legally possess a firearm. However, localities such as Alexandria and Newport News may ban the open carry of firearms in public buildings, parks, and at special events. Virginia law does not require individuals to notify officers that they have a permit. However, individuals must be in possession of a permit when outside of their vehicle and carrying a concealed handgun. They must also be able to display the permit and a government-issued photo ID upon demand by a law enforcement officer.
Virginia does not require firearms to be registered, except for machine guns. 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 go through a dealer who must submit a background check. Additionally, a one-handgun-per-month purchase restriction is now in effect, although concealed carry permit holders are exempt.
Virginia honors all out-of-state concealed carry permits. The state's law supports self-defence, a version of the castle doctrine, and stand-your-ground in certain circumstances. There is no duty to retreat, and individuals can defend themselves at any location they are legally permitted to be. Virginia law does not allow deadly force to prevent an entry into a home or dwelling, but non-deadly force may be used to prevent unlawful entry. Deadly force is only justified if an individual reasonably believes the intruder will commit great bodily harm or death.
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Concealed carry permits
In 2023, Virginia Delegate Marie March introduced Constitutional Carry HB 1393, a bill that would allow both residents and non-residents to carry a concealed handgun without a permit. This bill would apply to those carrying in locations where they may lawfully open carry a handgun and are qualified to obtain a concealed handgun permit.
Currently, Virginia is not a constitutional carry state. Concealed carry is legal in Virginia with a CCW permit. Virginia issues Concealed Handgun Permits (CHP) to both residents and non-residents who are at least 21 years old. To obtain a CHP, an individual must complete a state-approved firearms training course. Virginia honors all out-of-state concealed carry permits, and there is no duty to retreat, allowing individuals to defend themselves in any location they are legally permitted to be.
Virginia does not require a permit or firearms registration when buying a handgun from a Virginia resident, provided the buyer and seller are both Virginia residents. However, a background check is required for all sales, and a one-handgun-per-month purchase restriction is 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. However, localities such as Alexandria and Newport News may ban the open carry of firearms in public buildings, parks, and special events.
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Gun laws in public buildings
Virginia's gun laws regulate the sale, possession, and use of firearms and ammunition. The state has a long history of gun control laws, dating back to the First General Assembly of Jamestown in 1619, where officials voted to regulate the sale of firearms to Native Americans.
Virginia is not a constitutional carry state, meaning that the state's laws do prohibit citizens who can legally possess a firearm from carrying handguns openly and/or in a concealed manner without a state permit. However, Virginia does allow for permitless open carry for individuals who are at least 18 years old and can legally possess a firearm. Localities such as Alexandria and Newport News may ban the open carry of firearms in public buildings, parks, and at special events.
For concealed carry, a Virginia Concealed Handgun Permit (CHP) is required for residents, while non-residents must have any valid state license/permit. Virginia CHPs are issued to individuals at least 21 years old, who have completed a state-approved firearms training course and demonstrated competence with the firearm. Some areas are off-limits for concealed carry, including airport terminals, courthouses, schools, child day centers, the Capitol and General Assembly buildings, churches, and places of worship during services. Municipalities may also ban concealed guns in government buildings, public parks, recreation or community centers, and outdoor areas being used for permitted events.
Virginia law prohibits carrying a concealed handgun in a public place while under the influence of alcohol or illegal drugs, with exceptions for federal, state, and local law enforcement. Brandishing a firearm is punishable by up to a year in jail, and possession of a firearm can compound the penalty for other offenses, including illegal drug possession.
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The right to self-defence
While the right to self-defence is widely accepted, the methods and circumstances under which one can defend oneself vary across different jurisdictions. In the context of Virginia, the state has introduced a Constitutional Carry Bill in its 2023 legislative session. This bill, known as HB 1393, was proposed by Virginia Delegate Marie March and aims to authorise the carrying of concealed handguns without a permit. Specifically, the bill would allow both residents and non-residents of Virginia to carry concealed handguns without a permit, as long as they are in a location where they are legally permitted to openly carry a handgun and meet the qualifications to obtain a concealed handgun permit.
Currently, in Virginia, open carry is legal without a permit for individuals who are at least 18 years old and can legally possess a firearm. However, localities like Alexandria and Newport News may prohibit the open carry of firearms in public buildings, parks, and special events. On the other hand, concealed carry in Virginia currently requires a permit; a Virginia Concealed Handgun Permit (CHP) for residents or a valid state license/permit for non-residents.
The proposed Constitutional Carry Bill aims to remove the permit requirement for concealed carry, bringing Virginia in line with other states that have similar laws. It is important to note that even with these laws, there are still restrictions on where firearms can be carried. For example, airport terminals and places of worship during services are off-limits, and municipalities may ban guns in government buildings, public parks, and community centres. Additionally, Virginia law stipulates that deadly force can only be used in self-defence when there is a reasonable belief that the intruder will cause great bodily harm or death.
While the Constitutional Carry Bill in Virginia has been introduced, it is not yet law. It is essential to stay informed about the current laws and regulations regarding firearm possession and self-defence in your specific state or locality, as they may change over time.
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Virginia's stand-your-ground law
Virginia does not have a stand-your-ground law. However, the state's interpretation of the castle doctrine means that a person is not required to retreat before using force, including deadly force, to defend themselves, provided they did not provoke the attack. In other words, there is no duty to retreat, and you can defend yourself at any location you are legally allowed to be.
Virginia's castle doctrine dictates that a person is allowed to defend their home. They must have a sufficient belief that the individual or individuals entering their home intend to cause great bodily harm or death. In this situation, there is no duty to retreat. However, a person may only use deadly force to prevent an unlawful entry into their home if they reasonably believe the intruder will commit great bodily harm or death. Non-deadly force may be used to prevent an unlawful entry into a dwelling.
Virginia is a shall-issue state. Residents can apply for a Virginia Concealed Handgun Permit (CHP) by filing an application with the circuit court in their county of residence. Non-residents must mail their application to the State Police. Virginia issues CHPs to both residents and non-residents over the age of 21 who have completed a state-approved firearms training course and demonstrated competence with the firearm. Concealed carry is legal for residents with a CHP and non-residents with any valid state license or permit.
Open carry is legal in Virginia without a permit for anyone over the age of 18 who can legally possess a firearm. However, localities such as Alexandria and Newport News may ban the open carry of firearms in public buildings, parks, and special events.
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Frequently asked questions
Constitutional carry means that the state’s law does not prohibit citizens who can legally possess a firearm from carrying handguns, either openly or in a concealed manner, thus no state permit is required.
In 2023, Virginia Delegate Marie March introduced the Constitutional Carry HB 1393 bill, which would allow anyone, both resident and non-resident, to carry a concealed handgun without a permit.
Open carry is legal in Virginia without a permit for anyone who is at least 18 years old and can legally possess a firearm. However, localities may ban the open carry of firearms in public buildings, parks, and at special events. Concealed carry is legal with a CCW permit.
Yes, some areas are off-limits, including airport terminals and places of worship during services. Municipalities may also ban guns in government buildings, public parks, recreation or community centers, and outdoor areas being used for permitted events.
Yes, Virginia honors all out-of-state concealed carry permits.
