Gun laws in Virginia regulate the sale, possession, and use of firearms and ammunition in the Commonwealth of Virginia in the United States.
Summary table
Buying a Firearm in Virginia - Video from my Senior Independent Research Project. Not perfect but gives people a pretty good understanding of the process of firearm purchase in Virginia.
Overview
The Constitution of Virginia protects the right of the people to keep and bear arms from government infringement. The Commonwealth of Virginia preempts local regulation of several aspects of firearms, though some local regulation is explicitly permitted. Virginia passed the Uniform Machine Gun Act, which was drafted by the National Conference of Commissioners on Uniform State Laws. The only firearms in Virginia that are prohibited are the Armsel Striker, also known as the Striker 12, similar shotguns, and any "plastic firearms." Firearms must contain at least 3.7 ounces of electromagnetically detectable metal in the barrel, slide, cylinder, frame or receiver, and when subjected to x-ray machines, generate an image that accurately depicts their shape. For example, Glock pistols which have polymer frames and metal slides and barrels are legal. There are no magazine capacity limitations, except that a concealed handgun permit (CHP) is required in order to carry magazines with more than 20 rounds in some urban, public areas.
Prohibited places include courthouses, air carrier terminals, schools, Capitol and General Assembly buildings (open carrying only, members of the General Assembly and those with a valid CHP are permitted in the Capitol General Assembly buildings), and churches, though some exceptions apply, including a 2011 Attorney General opinion that personal protection constitutes good and sufficient reason to carry at a church. George Mason University, Virginia Commonwealth University, and Virginia Polytechnic University (Virginia Tech) currently possess rules that prohibit firearms on school property.
A 2006 opinion issued by State Attorney General Robert F. McDonnell stated “...the governing boards of Virginia’s public colleges and universities may not impose a general prohibition on the carrying of concealed weapons by permitted individuals... Pursuant to specific grants of statutory authority, however, it is my opinion that colleges and universities may regulate the conduct of students and employees to prohibit them from carrying concealed weapons on campus.â€
In 2011, the Virginia Supreme Court found that the language used by George Mason University (GMU) to “...not impose a total ban of weapons on campus. Rather, the regulation is tailored, restricting weapons only in those places where people congregate and are most vulnerable â€" inside campus buildings and at campus events. Individuals may still carry or possess weapons on the open grounds of GMU, and in other places on campus not enumerated in the regulation.â€
There are age restrictions on the possession of firearms and some people are prohibited from possessing firearms due to certain criminal convictions. Licensed dealers must have the Virginia State Police conduct a background check prior to completing the sale of certain firearms. Persons who are not in the business of selling firearms, but make occasional, private sales, are not required to perform a background check before selling their firearms. Before July 1, 2012, a person could not purchase more than one handgun per 30-day period, though some exceptions applied; most significantly, holders of valid Concealed Handgun Permits (CHP) from Virginia were exempt from this restriction. The bill that repealed the "one-handgun-a-month law" was signed into law by Governor Bob McDonnell on February 28 of that year.
Open carry of a handgun without a permit is legal in Virginia at age 18, withstanding other applicable laws. Concealed carry of a handgun is allowed for persons who hold a valid CHP (concealed handgun permit), comply with certain restrictions, or who hold certain positions. Virginia shall issue a CHP to applicants 21 years of age or older, provided that they meet certain safety training requirements and do not have any disqualifying criminal convictions. Consuming an alcoholic beverage in ABC on-premises licensed restaurants and clubs, while carrying a concealed handgun, is prohibited; nor may any person carry a concealed handgun in a public place while under the influence of alcohol or illegal drugs. Any person permitted to carry a concealed firearm may not carry one in such manner in a public place while intoxicated. Possession of a firearm can compound the penalty for various other offenses, including illegal drug possession. Open carry while intoxicated is not addressed in the law and can presumed to be legal unless otherwise specified.
There are some restrictions on the use of weapons. Brandishing a firearm is punishable by up to a year in jail.
See also
- Law of Virginia
External links
- ""Crimes Involving Health and Safety". Legislative Information System. Virginia General Assembly.
- "Virginia Gun Laws Summary". National Rifle Association Institute for Legislative Action. March 2, 2016.
- Jouvenal, Justin; Lamothe, Dan. "Senior Navy official charged with pointing gun at men during argument". The Washington Post. July 19, 2016.
References
