Our online training program will allow you to apply for your Virginia permit/license to carry.
The Virginia State constitution protects the rights of people to keep and bear arms and also preempts local regulation over firearms.
Virginia was one of the first states to specifically authorize online courses to teach Permit to Carry classes, and National Carry Accademy leads the nation in Internet-based CCW/Permit to Carry training.
Our online training course will allow you to apply for your Virginia Resident Carry Permit/License which is honored in Virginia for residents and non-residents, as well as honored in many other states.
Virginia Concealed Carry Permit
Does This Course Qualify Me To Obtain A Virginia Non Resident Carry Permit/License?
No, this course will help you get a certificate.
Simply watch the video then pass the short test that follows, and you’ll be ready to apply for your permit at your local circuit court. Our course can be completed in as little as 20 minutes, and is available to you 24 hours a day.
The State of Virginia is a “shall issue” state for concealed weapons permits. This means that anyone who applies for a concealed carry license and meets the requirements shall be issued a permit. The requirements for a concealed carry permit are as follows: 1) applicant must be at least 21 years of age, 2) meet the required training requirements (via our online course) and 3) not have any disqualifying criminal convictions. Once you meet all the requirements you can obtain a Virginia Permit to Carry by filling out the application below and applying at your local circuit court. This can be done through the mail. First contact your local circuit court for details as the application process can change depending on your district.
How Long Is The Virginia Non Resident Carry Permit/License Good For?
Virginia Non Resident Carry Permit/License are valid for 5 years. We suggest you apply at least 90 days before the expiration of your permit to be sure you have plenty of time to submit it to the Virginia State Police to be renewed to allow enough time for you to get your new permit before the old one expires.
How to apply for your Virginia Non-Resident Permit:
To apply for your VA non-resident Permit visit: http://www.vsp.state.va.us/Firearms_NonresidentConcealed.shtm
You can also go to www.vsp.state.va.us and on the left side of the page click the link for “firearms/concealed handguns” and then click on “Nonresident Concealed Handgun Permits” link.This will bring you to a page that details the application process. You can begin the application process immediately by downloading their checklist of all the documents that need to be prepared to make your application.This webpage will give you everything you need to apply.
To obtain your Virginia Non Resident Carry Permit/License, you will need to submit an additional $100 made payable to the Virginia Police.
This class/training is only valid for one year before you apply for your permit. If you do not apply within one year, your training will not be valid and you will have to retake training per state law.
*Laws and outlines are updated to the best of our ability.
Virginia Conceal Carry Laws Updated As Of 2016*
State CCW Site
VA Firearm Laws
Res CCW Application
State Admin Rules
State Reciprocity Info
State Attorney General
Secretary of State
Reciprocity Guidelines for Virginia
The State of Virginia acknowledges non-resident permit/licenses from other states that they honor. Furthermore, Wisconsin only honors VA non-resident permit/license. The following are the list of states that Virginia honors:
Idaho (Enhance Only)
Reciprocity/How This State Honors Other States Permit/Licenses
18.2-308. Personal Protection; Carrying Concealed Weapons; When Lawful to Carry; Penalty.
P. A valid concealed handgun or concealed weapon permit or license issued by another state shall authorize the holder of such permit or license who is at least 21 years of age to carry a concealed handgun in the Commonwealth, provided.
(i) the issuing authority provides the means for instantaneous verification of the validity of all such permits or licenses issued within that state, accessible 24 hours a day, and
(ii) except for the age of the permit or license holder and the type of weapon authorized to be carried, the requirements and qualifications of that state’s law are adequate to prevent possession of a permit or license by persons who would be denied a permit in the Commonwealth under this section. The Superintendent of State Police shall
(a) in consultation with the Office of the Attorney General determine whether states meet the Links State CCW Site VA Firearm Laws Res CCW Application Non-Res Application Application Process Fairfax County State FAQs Transport Firearms State Statutes State Admin Rules State Reciprocity Info State Attorney General Secretary of State Last Updated: 12/9/15 www.handgunlaw.us 2 requirements and qualifications of this section,
(b) maintain a registry of such states on the Virginia Criminal Information Network (VCIN), and
(c) make the registry available to law-enforcement officers for investigative purposes. The Superintendent of the State Police, in consultation with the Attorney General, may also enter into agreements for reciprocal recognition with any state qualifying for recognition under this subsection.
Applying for a Resident Permit
Application for a Concealed Handgun Permit.
Any person 21 years of age or older may apply in writing to the clerk of the circuit court of the county or city in which he or she resides, or if he is a member of the United States armed forces, the county or city in which he is domiciled, for a five-year permit to carry a concealed handgun. There is no requirement as to the length of time an applicant for a Concealed Handgun Permit must have been a resident or domiciliary of the county or city where he or she resides.
The application may be obtained from the circuit court, sheriff’s office, or police department. The form (SP- 248 Application for Concealed Handgun Permit) also may be downloaded and/or printed from this web site. This form can be viewed, downloaded and/or printed by visiting the Virginia State Police Forms page. You can view the process as posted by the Fairfax Co Circuit Court Here.
The court shall require proof that the applicant has demonstrated competence with a handgun and the applicant may demonstrate such competence by one of the following, but no applicant shall be required to submit to any additional demonstration of competence:
(1) Completing any hunter education or hunter safety course approved by the Department of Game and Inland Fisheries or a similar agency of another state;
(2) Completing any National Rifle Association firearms safety or training course;
(3) Completing any firearms safety or training course or class available to the general public offered by a law-enforcement agency, junior college, college, or private or public institution or organization or firearms training school utilizing instructors certified by the National Rifle Association or the Department of Criminal Justice Services;
(4) Completing any law-enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement;
(5) Presenting evidence of equivalent experience with a firearm through participation in organized shooting competition or current military service or proof of an honorable discharge from any branch of the armed services;
(6) Obtaining or previously having held a license to carry a firearm in this Commonwealth or a locality thereof, unless such license has been revoked for cause;
(7) Completing any firearms training or safety course or class conducted by a state-certified or National Rifle Association-certified firearms instructor;
(8) Completing any governmental police agency firearms training course and qualifying to carry a firearm in the course of normal police duties; or
(9) Completing any other firearms training which the court deems adequate.
A photocopy of a certificate of completion of any of the courses or classes; an affidavit from the instructor, school, club, organization, or group that conducted or taught such course or class attesting to the completion of the course or class by the applicant; or a copy of any document which shows completion of the course or class or evidences participation in firearms competition shall constitute evidence of qualification under this subsection.
No applicant shall be required to submit to any additional demonstration of competence, nor shall any proof of demonstrated competence expire.
The court shall charge a fee of $10.00 for the processing of an application or issuing of a permit. Local law enforcement agencies may charge a fee not to exceed $35.00 to cover the cost of conducting an investigation pursuant to this Code section. The State Police may charge a fee not to exceed $5.00 to cover the cost associated with processing the application. The total amount of the charges may not exceed $50.00, and payment may be made by any method accepted by the court.
No fee shall be charged for the issuance of a permit to a retiree described in paragraph K of § 18.2-308.
The court will issue a permit within 45 days with the complete application receipt. Unless, if the applicant appears to be disqualified.
The person issued a permit or in possession of a de facto permit must have the permit on his person at all times during which he is carrying a concealed handgun and must display the permit and a photo identification issued by a government agency of the Commonwealth or by the United States Department of Defense or United States State Department upon demand by a law enforcement officer.
Persons who previously have held a Virginia resident permit shall be issued, upon application, a new five year permit unless there is good cause shown for refusing to reissue a permit. The same fees and time constraints apply in the instance of renewal. Persons who previously have been issued a concealed handgun permit are not required to appear in person to apply for a new five-year permit; the application for the new permit may be submitted via the United States mail. The circuit court that receives the application shall promptly notify the applicant if the application is incomplete or if the fee submitted is incorrect.
If the new five-year permit is issued while an existing permit remains valid, the new five-year permit shall become effective upon the expiration date of the existing permit, provided that the application is received by the court at least 90 days but no more than 180 days prior to the expiration of the existing permit.
Applying for a Non-Resident Permit
The applicant might request an application package by get in touch to the Virginia State Police Firearms Transaction Center in writing at the below address or the applicant can go on-line at firstname.lastname@example.org. All written requests must include the applicant’s complete name and mailing address. A telephone number is also requested. Send written requests to:
Firearms Transaction Center
Nonresident CHP Permits
Criminal Justice Information Services Division
Department of State Police
P.O. Box 85141
Richmond, VA 23285-5141
The Application Package will include a Concealed Handgun Permit Application, requirement and qualification information, a fingerprint card, a brochure on Virginia Firearms Safety and Laws, and a return envelope for the completed application.
§ 18.2-308. Personal Protection; Carrying Concealed Weapons; When Lawful to Carry
Q. A valid concealed handgun permit issued by the State of Maryland shall be valid in the Commonwealth provided,
(i) the holder of the permit is licensed in the State of Maryland to perform duties substantially similar to those performed by Virginia branch pilots licensed pursuant to Chapter 9 (§ 54.1-900 et seq.)
(ii) The holder of the permit is 21 years of age or older.
Note: The section above refer to Maryland Pilots of Vessels on Virginia Waters.
Carry Permit Limitations
The governor ordered and implemented rules to ban carrying of concealed firearms in offices occupied by executive branch agencies, with certain exemptions. Buildings should be posted as per new rules. There are lawsuits regarding this law but Handgunlaw.us still recommends to follow the signs on executive branch agency buildings.
• Private property when prohibited by the owner of the property, or where posted as prohibited. Violation is a trespass charge and not a firearms violation. § 18.2-308
(1) Carrying dangerous weapon to place of religious worship while a meeting for religious purposes is being held unless you have “good and sufficient reason.” There is no known definition of what a good and sufficient reason would be. Violation is a minor crime, punishable by a fine of up to $100. § 18.2-283
• Courthouse. Violation is a high-level misdemeanor. § 18.2-283.1
• School property/school functions (School busses are school property) unless gun is unloaded, in an enclosed container (but NOT in the glove box or console) and in the vehicle. A car’s trunk is considered an enclosed container. However, a concealed handgun permit holder can have a loaded, concealed handgun in the vehicle while in the school parking lot, traffic circle, etc. The concealed handgun and the permit holder must stay in the vehicle. Firearms are not banned from property open to the public where a school function is being held unless that property is being used exclusively for the school function. Violation of this statute is a felony. § 18.2-308.1
• Non-secure areas of airport terminals are off limits unless you are a passenger and you have your gun unloaded, in a locked container in your checked luggage, and declare the gun at the check-in counter. Violation is a high-level misdemeanor. § 18.2-287.01
• Regional Jail or Juvenile Detention Facility. § 15.2-915
4VAC15-40-120. Hog Island Wildlife Management Area; Possession of Loaded Gun Prohibited; Exception.
It shall be unlawful to have in possession at any time a gun which is not unloaded and cased or dismantled on that portion of the Hog Island Wildlife Management Area bordering on the James River and lying north of the Surry Nuclear Power Plant, except while hunting deer or waterfowl in conformity with a special permit issued by the department.
4VAC15-40-140. Prohibited on Buggs Island and Certain Waters of the Gaston Reservoir.
It shall be unlawful to hunt or have in one’s possession a loaded gun on Buggs Island or to shoot over or have a loaded gun upon the water on Gaston Reservoir (Roanoke River) from a point beginning at High Rock and extending to the John H. Kerr Dam. Statutory Authority §§ 29.1-103, 29.1-501 and 29.1-502 of the Code of Virginia.
§ 18.2-308.1. Possession of firearm, stun weapon, or other weapon on school property prohibited; penalty.
A. If any person knowingly possesses any
(i) stun weapon as defined in this section;
(ii) knife, except a pocket knife having a folding metal blade of less than three inches; or
(iii) weapon, including a weapon of like kind, designated in subsection A of § 18.2-308, other than a firearm; upon
(a) the property of any public, private or religious elementary, middle or high school, including buildings and grounds;
(b) that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place; or
(c) any school bus owned or operated by any such school, he shall be guilty of a Class 1 misdemeanor.
B. If any person knowingly possesses any firearm designed or intended to expel a projectile by action of an explosion of a combustible material while such person is upon
C. . If any person knowingly possesses any firearm designed or intended to expel a projectile by action of an explosion of a combustible material within a public, private or religious elementary, middle or high school building and intends to use, or attempts to use, such firearm, or displays such weapon in a threatening manner, such person shall be guilty of a Class 6 felony and sentenced to a mandatory minimum term of imprisonment of five years to be served consecutively with any other sentence. The exemptions set out in § 18.2-308 shall apply, mutatis mutandis, to the provisions of this section. The provisions of this section shall not apply to
(i) persons who possess such weapon or weapons as a part of the school’s curriculum or activities;
(ii) a person possessing a knife customarily used for food preparation or service and using it for such purpose;
(iii) persons who possess such weapon or weapons as a part of any program sponsored or facilitated by either the school or any organization authorized by the school to conduct its programs either on or off the school premises;
(iv) any law-enforcement officer;
(v) any person who possesses a knife or blade which he uses customarily in his trade;
(vi) a person who possesses an unloaded firearm that is in a closed container, or a knife having a metal blade, in or upon a motor vehicle, or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle;
(vii) a person who has a valid concealed handgun permit and possesses a concealed handgun while in a motor vehicle in a parking lot, traffic circle, or other means of vehicular ingress or egress to the school; or
(viii) an armed security officer, licensed pursuant to Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1, hired by a private or religious school for the protection of students and employees as authorized by such school.
The essence of this paragraph is the “Weapon “ including a knife that has a metal blade of three inches or longer and “closed container” includes a locked vehicle trunk.
As used in this section:
“Stun weapon” means any device that emits a momentary or pulsed output, which is electrical, audible, optical or electromagnetic in nature and which is designed to temporarily incapacitate a person.
Carry On College/Universities in Virginia
The VA AG Opinion states: It is my opinion that the safe operation of the campus allows regulation of, or under limited circumstances, prohibition of, firearms by any persons attending events on campus, visiting dormitories or classroom buildings, attending specific events as invitees, or under any circumstance permitted by law. The universal prohibition of firearms by properly permitted persons other than students, faculty, administration, or employees, however, is not allowed under law. A board of visitors has responsibility for the protection of the students enrolled at their university. At the same time, the rights guaranteed by the Second Amendment of the Constitution of the United States14 and by Article I, § 13, of the Constitution of Virginia,15 which protect all citizens, may not be summarily dismissed for transient reasons.
Note: For Colleges/Universities, rules to regulations are kept on changing which give them the force of law. It is recommended to exert extra caution before carrying a firearm into any College/University property. It is always advised to be mindful when it comes to its regulations regarding firearms.
Air Carrier Airports – Firearms are not allowed in the Terminals. The VCDL lists those Airports that are considered Air Carrier Airports as:
Reagan National Arlington, Charlottesville Regional Charlottesville,
Dulles International Chantilly, Lynchburg Municipal Lynchburg,
Norfolk International Norfolk, Richmond International Richmond,
Roanoke Regional Roanoke, Shenandoah Valley Regional Staunton,
Newport News Williamsburg International Newport News,
4VAC15-270-40. Shooting or Carrying Rifle or Pistol Over Public Inland Waters.
It shall be unlawful to shoot a rifle or pistol at wild birds or animals on or over the public inland waters of this Commonwealth; provided, however that licensed trappers may shoot a .22 caliber rimfire rifle or pistol on or over public inland waters for the purpose of dispatching a trapped animal. It shall be unlawful to carry a loaded rifle or pistol on a boat or other floating device on the public inland waters for the purpose of hunting wild birds and wild animals; provided, however, that unloaded rifles or pistols may be transported by boat from one point to another. Nothing in this regulation applies to department personnel conducting wildlife management activities on the public waters of the Commonwealth.
Firearms on Tennessee Valley Authority (TVA Property)
4. Firearms and Weapons – TVA campgrounds may receive use by hunters during hunting season. While firearms and weapons are generally prohibited, possession of firearms and other weapons associated with inseason hunting excursions are permissible if they are unloaded and properly cased. Possession of firearms at TVA public ramps, associated roads, and parking areas are allowed if the possession complies with the law of the state where the boat ramp is located and is not otherwise prohibited by law.
Note: TV A Lands for hunting is allowed. Also parking areas, associated roads, undeveloped shorelines and boat ramps are allowed to carry a firearm and weapon. But campgrounds, day use areas and other developed recreational TV A lands are still off limits.
Ronald Reagan National & Washington Dulles International Airports
Metropolitan Washington Airports Authority
§ 8.4. Dangerous Weapons Prohibited.
(1) No person may possess a dangerous weapon within or bring any dangerous weapon into the Airports’ terminals or the airfields or any building that opens onto the airfield on which signs are posted so as to give reasonable notice to the public unless:
(a) the person is a passenger of an airline and possesses the weapon in one of the Airports’ terminals for the sole purposes of
(i) presenting such weapon to U.S. Customs agents in advance of an international flight,
(ii) checking such weapon with his luggage, or
(iii) retrieving such weapon from the baggage claim area, and the weapon, if a firearm, is unloaded and carried in a locked, hard-sided container to which only that person retains the key or combination; or
(b) the weapon is (i) packaged for shipment in a container that is locked or otherwise secured and (ii) if a firearm, unloaded, and (iii) brought or possessed on Authority facilities for shipment by air or retrieval after shipment by air.
(2) The provisions of this section shall not apply:
(a) to persons authorized by 49 CFR Section 1540.111 to carry a dangerous weapon on their persons or accessible property in the sterile areas of the Airports;
(b) to law enforcement officers required to carry firearms while in the performance of their official law enforcement duties while on the Airports;
(c) to employees or agents of the Authority and the weapon is to be used under Authority direction for Authority purposes such as game control; or
(d) to persons who need the weapon in the performance of their duties for legitimate airport purposes (such as armored car guards) and the Airport Manager has previously approved, in writing, that person possessing a weapon where he would otherwise be prohibited. (Res. No. 94-4, 1-5-94; Res. No. 04-25, 10-6-04; Res. No. 04-30, 12-1-04)
§ 8.5. Definition of Dangerous Weapon. A dangerous weapon includes, by way of illustration and not limitation:
(1) any pistol, revolver, rifle, or other weapon designed or intended to propel a missile of any kind; or
(2) any knife with a blade longer than four inches, switchblade knife, ballistic knife, razor, slingshot, spring stick, metal knucks, blackjack, sand club, sandbag, bow and arrow; or
(3) any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nun cacao, shuriken, or fighting chain; or
(4) any disc of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or
(5) any mechanism designed to emit an electronic, magnetic, or other type of charge that exceeds the equivalency of a five milliamp sixty hertz shock and used for the purpose of temporarily incapacitating a person, which may be known as a stun gun; or
(6) any mechanism designed to emit an electronic, magnetic, or other type of charge or shock through the use of a projectile and used for the purpose of temporarily incapacitating a person, which may be known as a taser. (Res. No. 94-4, 1-5-94) § 8.6.
Gun Sign Requirements and Limitattions
Like in any other states, “No Firearm” sign in Virginia have no force of law unless it is posted in a property which is specifically mentioned in the state law as being off limits to those with permit/license to carry. If a person enters a private property and requested to leave, though not specifically mentioned in the law that it’s posted, then he/she must leave. Otherwise, it will be considered as breaking of the law and the person can be charged. Even without signage in the property, once the owner asks the person to leave, then he/she will have to leave. If the person insists and the owner called the assistance of the police, the responding officer, who may not know the laws on trespass could arrest that person.
Parking Lot Storage Laws (Local Public Employees)
§ 15.2-915. Control of Firearms; Applicability to Authorities and Local Governmental Agencies.
(A) No locality shall adopt or enforce any ordinance, resolution or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.
Nothing in this section shall prohibit a locality from adopting workplace rules relating to terms and conditions of employment of the workforce. However, no locality shall adopt any workplace rule, other than for the purposes of a community services board or behavioral health authority as defined in § 37.2-100, that prevents an employee of that locality from storing at that locality’s workplace a lawfully possessed firearm and ammunition in a locked personal, private motor vehicle. Nothing in this section shall prohibit a lawenforcement officer, as defined in § 9.1-101, from acting within the scope of his duties.
The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail, juvenile detention facility, or state-governed entity, department, or agency.
(B) Any local ordinance, resolution or motion adopted prior to the effective date of this act governing the purchase, possession, transfer, ownership, carrying or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid.
(C) In addition to any other relief provided, the court may award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in an action challenging (i) an ordinance, resolution, or motion as being in conflict with this section or (ii) an administrative action taken in bad faith as being in conflict with this section.
(D) For purposes of this section, “workplace” means “workplace of the locality.”
Police on Carry Requirements
.§ 18.2-308 (H) ….The person issued the permit shall have such permit on his person at all times during which he is carrying a concealed handgun and shall display the permit and a photo-identification issued by a government agency of the Commonwealth or by the United States Department of Defense or United States State Department (passport) upon demand by a law-enforcement officer.
Traveling with Firearm Inside a Vehicle
§ 18.2-308 Personal Protection; Carrying Concealed Weapons; When Lawful to Carry.
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. For purposes of this subsection, the term “compartment” includes a console, glove compartment, or any other area within or on the vehicle or vessel that possesses the ability to be closed and the term “secured” means that a container or compartment be closed but not necessarily locked;
In Virginia, open carry is legal. Those places mentioned above regarding off limits apply to those who open carry.
The state preempts all firearm laws in the state and local authorities can’t have Laws/Ordinances against open carry. Remember that if you enter any property and the owner/responsible person ask you to leave you must leave. Failure to leave can result in Trespass Charges. The Minimum age for Open Carry is 18.
§ 15.2-915. Control of Firearms; Applicability to Authorities and Local Governmental Agencies.
A. No locality shall adopt or enforce any ordinance, resolution or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.
Nothing in this section shall prohibit a locality from adopting workplace rules relating to terms and conditions of employment of the workforce. Nothing in this section shall prohibit a law-enforcement officer, as defined in § 9.1-101 from acting within the scope of his duties.
The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail or juvenile detention facility.
B. Any local ordinance, resolution or motion adopted prior to the effective date of this act governing the purchase, possession, transfer, ownership, carrying or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid.
Deadly Force Laws
A Look At Current Self-Defense Common Law In Virginia (Important Information)
Virginia Citizens Defense League March 2012
Virginia is currently has an excellent protection for those involved in the use of force for self-defense. Our protections are much broader than the “Castle Doctrines” that many states have. True “Castle Doctrine” bills provides protection only in a person’s home, while Virginia common law provides protection everywhere in any people might be – at home, in the yard, at work, at the store, in church, etc. Some states desperately needed “Castle Doctrine” laws, as their existing laws were horrible on self-defense. Many required a person to retreat EVEN IN THEIR OWN HOME! Not true in Virginia.
Virginia is a “stand-your-ground” state. That means AS LONG AS YOU ARE NOT PART OF “THE PROBLEM” and innocent, you can stand your ground and use force to defend yourself wherever you may be. Deadly force is only allowed if you are under IMMEDIATE threat and you reasonably fear that you, or another innocent party, will be killed or be grievously injured. The death of an attacker caused by use of such deadly force is considered “justifiable homicide.” Note that you don’t actually have to be in a deadly situation, but only have a REASONABLE FEAR that you are in such a situation, to be justified in the use of deadly force. For example, if someone tries to rob you with a toy gun and you don’t know it’s a toy gun, you would be justified in responding with deadly force since you would reasonably fear that your life was in immediate danger.
If you are part of “the problem,” say by making an obscene gesture or yelling a threat at someone, then, if attacked, you MUST RETREAT. The retreat must be as far as you can reasonably go and you must indicate www.handgunlaw.us 11 that you give up the fight. If the attacker persists, can you use force against them. If they are trying to kill you or grievously injure you, and they die because of your use of deadly force, it is considered “excusable homicide,” a lower standard than “justifiable homicide.” Moral to the story: don’t give up your right to stand-your-ground by being part of the problem – ever.
The reason that a person who is part of the problem is required to retreat is to avoid someone committing murder under the guise of self-defense. Otherwise, a murderer could intentionally badger a victim to the point that the victim attacks out of sheer anger or frustration. At that point the murderer, standing his ground, could use that attack as an excuse to kill the victim “in self-defense,” getting away with murder legally. Not good, not acceptable, and not legal.
Would common law or the “Castle Doctrine” bills GUARANTEE that a person legally defending themselves could NOT be charged with murder or sued civilly? NO. If the police and/or the Commonwealth Attorney have reason to believe, rightly or wrongly, that you committed a murder instead of true self-defense, you are going to be arrested and charged. As far as a civil suit, you can be sued for anything and nothing can stop that either. However, common law (and the wording in the Castle Doctrine bills) provides a defense. However, the common law provides the same defense wherever you may be, while the “Castle Doctrine” would only apply inside your dwelling.
Virginia Law on Self Defense/Lethal Force is mainly based on Court Rulings. Below are some of the cases cited when
talking about using Self Defense/Lethal Force in Virginia.
Commonwealth v. Alexander, 260 Va. 238, 531 S.E.2d 567 (2000).
Montgomery v. Commonwealth 99 Va. 833, 37 S.E. 841 (1901)
McGhee v. Commonwealth, 219 Va. 560, 562, 248 S.E.2d 808, ___ (1978).
Commonwealth v. Sands, 262 Va. 724, 729, 553 S.E.2d 733, ___ (2001).
Pike v. Commonwealth, 24 Va. App. 373, 375-376, 482 S.E.2d 839, ___ (1997).
Bailey v. Commonwealth, 200 Va. 92, 96, 104 S.E.2d 28, ___ (1958).
Huffman v. Commonwealth, __, Va. App. __ S.E.2d __, (2008).
Morris v. Commonwealth, 269 Va. 127, 134-135, 607 S.E.2d 110, ___ (2005)
Carry in Restaurants That Serve Alcohol
In the state of Virginia, a person is not allowed to consume alcohol, by law, when carrying concealed. Handgunlaw.us believes that a person must not consume alcohol when carrying a firearm.
In other states, it is even illegal to take even one drink when carrying a firearm.
Chemical Sprays/Stun Gun/Higher Capacity Magazine Laws
§ 18.2-287.4. Carrying Loaded Firearms in Public Areas Prohibited; Penalty.
It shall be unlawful for any person to carry a loaded (a) semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (b) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered on or about his person 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 Arlington, Fairfax, Henrico, Loudoun, or Prince William.
The provisions of this section shall not apply to law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid concealed handgun permit or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor. The exemptions set forth in § 18.2-308 shall apply, mutatis mutandis, to the provisions of this section. (1991, c. 570; 1992, c. 790; 2003, c. 976; 2004, c. 995; 2005, c. 160; 2007, c. 813.)
4VAC15-40-60. Hunting With Dogs or Possession of Weapons in Certain Locations During Closed Season.
H. Meaning of “possession” of bow, crossbow, or firearm and definition of “loaded crossbow” and “loaded firearm.” For the purpose of this section, the word “possession” shall include, but not be limited to, having any bow, crossbow, or firearm in or on one’s person, vehicle or conveyance. For the purpose of this section, a “loaded firearm” shall be defined as a firearm in which ammunition is chambered or loaded in the magazine or clip when such magazine or clip is engaged or partially engaged in a firearm.
State Emergency Powers
§ 44-146.15. Construction of Chapter
Nothing in this chapter is to be construed to:
(1) Limit, modify, or abridge the authority of the Governor to exercise any powers vested in him under other laws of this Commonwealth independent of, or in conjunction with, any provisions of this chapter;
(2) Interfere with dissemination of news or comment on public affairs; but any communications facility or organization, including, but not limited to, radio and television stations, wire services, and newspapers, may be required to transmit or print public service messages furnishing information or instructions in connection with actual or pending disaster;
(3) Empower the Governor, any political subdivision, or any other governmental authority to in any way limit or prohibit the rights of the people to keep and bear arms as guaranteed by Article I, Section 13 of the Constitution of Virginia or the Second Amendment of the Constitution of the United States, including the otherwise lawful possession, carrying, transportation, sale, or transfer of firearms except to the extent necessary to ensure public safety in any place or facility designated or used by the Governor, any political subdivision of the Commonwealth, or any other governmental entity as an emergency shelter or for the purpose of sheltering persons;
(4) Affect the jurisdiction or responsibilities of police forces, firefighting forces, units of the armed forces of the United States or any personnel thereof, when on active duty; but state, local and interjurisdictional agencies for emergency services shall place reliance upon such forces in the event of declared disasters; or
(5) Interfere with the course of conduct of a labor dispute except that actions otherwise authorized by this chapter or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety.
Minimum Age for Possessing and Transporting of Handguns.
Virginia 18 Y/O § 18.2-308.7
The minimum age to own and transport a handgun unloaded and secured in a vehicle without any type of permit /license is 18 year old.
Note: This restriction is not applicable for some states. For some state carrying and transporting a handgun can be found in Gun Shop, Shooting range and other places that legally possessing a firearm.
12/17/2015- Initial page created.