VA: State Firearms Laws

VIRGINIA
(As of August, 1995)

PLEASE NOTE: In addition to state laws, the purchase, sale
and (in certain circumstances) the possession and interstate
transportation of firearms is regulated by the Gun Control
Act of 1968 as amended by the Firearms Owners' Protection
Act. Also, cities and localities may have their own firearms
ordinances in addition to federal and state laws. Details
may be obtained by contacting local law enforcement
authorities, and by consulting the State Laws and Published
Ordinances_Firearms, available from the U.S. Government
Printing Office, Washington, D.C. 20402. 

QUICK REFERENCE CHART

                         Rifles and
                         Shotguns       Handguns
Permit to Purchase       NO             NO
Registration of Firearms NO             NO
Licensing of Owner       NO             NO
Permit to Carry          NO             YES*

*If concealed.

STATE CONSTITUTIONAL PROVISION

"That a well regulated militia, composed of the body of the
people, trained to arms, is the proper, natural, and safe defense
of a free state, therefore, the right of the people to keep and
bear arms shall not be infringed; that standing armies, in time
of peace, should be avoided as dangerous to liberty; and that in
all cases the military should be under strict subordination to,
and governed by, the civil power." Article 1, Section 13.

PURCHASE AND POSSESSION

     A criminal history record information check is required
prior to purchasing any firearm, except for an antique or its
replica.  A fee of $2.00 will be collected for such a check. If
any buyer or transferee is denied the right to purchase a
firearm, he may exercise his right of access to and review of the
criminal history record information, provided such action is
initiated within thirty days of the denial.  For non-residents it
is $5.00. A licensed firearm dealer shall not deliver a rifle or
shotgun to a nonresident until an approval report is received
from that state police or 10 days have gone by, whichever comes
first. Except for a dealer, a person whose handgun is stolen or
irretrievably lost, or has a purchase certificate from the state
police, or is exchanging one handgun for another, it is unlawful
to purchase more than 1 handgun within any 30-day period.
     No state permit is required to otherwise purchase or possess
a rifle, shotgun or handgun, although many Virginia cities and
counties individually regulate the purchase and possession of
firearms. These ordinances vary considerably, and it is strongly
recommended that local law enforcement authorities be contacted
for details.
     It is a crime for any person to sell, give or otherwise
furnish a handgun to a minor if he has reason to believe that the
buyer or recipient is under 18 years of age, unless such transfer
is made between family members or for the purpose of engaging in
a sporting event or activity. A person under 18 shall not possess
or transport a handgun or assault firearm.* This prohibition does
not apply to a minor in his own home or on his property or on the
property of another with prior permission, while accompanied by
an adult while hunting, at a range or firearm educational class,
and while transporting an unloaded firearm to and from such
activities.
     It is unlawful for a person convicted of a felony, or any
person under 29 with a juvenile conviction, as a 14-year-old or
older, which would be a felony if committed by an adult, or a
person acquitted by reason of insanity and committed to a mental
institution, to possess or transport a firearm. It is unlawful
for any person who is subject to a protective order issued
pursuant to family abuse or stalking to purchase or transport any
firearm while the order is in effect.  It is unlawful for anyone
adjudicated legally incompetent or mentally incapacitated or
involuntarily committed to purchase, possess or transport a
firearm.  It is unlawful to transfer a firearm to such persons.
     It shall be unlawful for any person knowingly to authorize a
child under the age of twelve to use a firearm except when the
child is under the supervision of an adult.
     It is unlawful to possess, sell, transfer, or import any
semi-automatic folding stock shotgun with a spring tension drum
magazine capable of holding 12 rounds.
     A non-citizen or alien not admitted for permanent residence
shall not possess or transport an assault firearm, and a gun
dealer shall not transfer it to such person. In this case
shotguns are not included in the term assault firearm.

CARRYING

     The carrying of any concealed firearm by a person "about his
person, hid from common observation" is prohibited.
     Exceptions to this prohibition include:
1.   carrying in one's place of abode or the curtilage thereof.
2.   any regularly enrolled member of a target shooting
organization who is at, or going to or from, an established
shooting range, provided that the weapons are unloaded and
securely wrapped while being transported.
3.   any regularly enrolled member of a weapons collection
organization who is at, or going to or from, a bona fide weapons
exhibition, provided the weapons are unloaded and securely
wrapped while being transported.
4.   any person carrying such weapons between his place of abode
and a place of purchase or repair, provided the weapons are
unloaded and securely wrapped while being transported.
5.   any person actually engaged in lawful hunting under
inclement weather conditions necessitating temporary protection
of his firearm.
     To be considered "about his person," the concealed weapon
must be "readily accessible for use or surprise if desired." Some
Virginia authorities advise that a handgun carried in the glove
compartment of a car is not considered "readily accessible."** 
The law is not completely clear on this point, however, and the
reader is cautioned that interpretation by local law enforcement
officials may vary.
     A 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 the
applicant resides for a 2 year permit to carry a concealed
handgun.  The application shall be made under oath, before a
notary or other person qualified to take oaths, and shall be made
on a form prescribed by the Supreme Court, requiring only that
information necessary to determine eligibility for the permit. 
The fee shall not exceed $50.The court shall issue the permit
within 45 days of receipt of the completed application unless it
appears that the applicant is disqualified.  A disqualified
person includes one who is ineligible to purchase, transport, or
possess a firearm; a person who it is alleged, in a sworn written
statement submitted to the court, that in the opinion of such
sheriff, chief of police or attorney for the Commonwealth is
likely to use a weapon unlawfully or negligently to endanger
others based upon personal knowledge or upon the sworn written
statement of a competent person having personal knowledge; a
habitual drunkard or an addict or unlawful user of a controlled
substance; dishonorably discharged from the U.S. armed forces; an
illegal alien; or a person who in the preceding 3 years has been
convicted of drunkenness or violent misdemeanor.  Any  permit
issued prior to July 1, 1996, shall be issued within ninety days
of receipt of the completed application. The court may require
proof that the applicant has demonstrated competence with a
handgun. Proof includes completion of a firearm training course
offered by the NRA, the state, or a school; participation in
organized shooting competition or military service; previously
held a firearm carrying license.  If applicant is renewing a
concealed weapons permit, upon application, a new 2-year permit
shall be issued unless there is good cause shown for refusing to
reissue a permit.   The permit shall contain the name, address,
date of birth, gender, social security number, height, weight,
color of hair, eyes, and signature of the permittee and judge
issuing the permit, and the expiration date.  The person issued
the permit shall have such permit on his person at all times when
he is carrying a concealed handgun and must display the permit
and proper photo identification upon demand by a lawenforcement
officer.  
     The specific reasons for a denial shall be stated in the
order of the court. Upon request of the applicant made within 10
days of the denial, the court shall place the matter on the
docket for a full hearing, at which the applicant may be
represented by a lawyer. The final order of the court shall
include findings of fact and conclusions of law. 
     Within 30 days of a denial, a petition for review may be
filed with the Court of Appeals.
     It is unlawful to carry any firearm during school hours in
any elementary, junior high, or high school, or on such school
property or discharge a firearm on school grounds or within 1,000
feet of school property, except as part of the curriculum or
other school-sponsored program of any organization permitted by
the school.
     Various cities and counties throughout the state have
ordinances prohibiting the transportation of firearms in
automobiles unless they are unloaded and/or enclosed in a case.
     In a city with a population of 160,000 or more it is
unlawful to carry on or about the person on any public road,
alley, right-of-way, park, or any place of whatever nature that
is open to the public a loaded semi-automatic rifle or pistol
equipped with a magazine which will hold more than twenty rounds
of ammunition or designed by the manufacturer to accommodate a
silencer or equipped with a folding stock or shotgun with a
magazine which will hold more than seven rounds of the longest
ammunition for which it is chambered.
     It is unlawful to carry a concealed handgun into any place
of business or special event for which a license to sell or serve
alcoholic beverages on premises has been granted by Alcohol
Beverage Control Board.

MACHINE GUNS

     A machine gun is defined as a weapon that shoots or is
designed to shoot, automatically without manual reloading more
than one shot by a single function of the trigger.
     Possession of a machine gun for an "aggressive or offensive
purpose" is prohibited. All machine guns in the state must be
registered within 24 hours of acquisition with the Department of
State Police.
     A presumption of possession for an offensive or aggressive
purpose is raised by (a) a failure to register, or (b) possession
by a person who has been convicted of a crime of violence, or (c)
possession elsewhere than on one's premises owned or rented for
permanent residence or business occupancy, or (d) when empty or
loaded shells for the machine gun are "found in the immediate
vicinity thereof."
     This law does not "prohibit or interfere with" any machine
gun registered with the State Police that is (a) possessed for
scientific purposes, or (b) not usable as a weapon and possessed
as a "curiosity, ornament or keepsake" or (c) possessed "for a
purpose manifestly not aggressive or offensive."

"SAWED OFF" SHOTGUNS AND RIFLES

     A "sawed-off" shotgun is defined as "any weapon loaded or
unloaded, originally designed as a shoulder weapon, utilizing a
self-contained cartridge from which a number of ball shot pellets
or projectiles may be fired simultaneously from a smooth or
rifled bore by a single function of the firing device and which
has a barrel length of less than 18 inches for smooth bore
weapons and 16 inches for rifled weapons. Weapons of less than
.225 caliber shall not be included."
     A "sawed-off" rifle is defined as "a rifle of any caliber,
loaded or unloaded, which expels a projectile by action of an
explosion and is designed as a shoulder weapon with a barrel or
barrels length of less than sixteen inches or which has been
modified to an overall length of less than twenty-six inches.
     Possession of a "sawed-off" shotgun or "sawed-off" rifle is
unlawful except for the following purposes:
1.   Possession for scientific purposes, or possession of a
"sawed-off" shotgun or "sawed-off" rifle not usable as a firing
weapon and possessed as a curiosity ornament or keepsake, or the
possession of a "sawed-off" shotgun or "sawed-off" rifle in
compliance with federal law.
2.   The manufacture for, and sale of, to the military or law
enforcement or to penal institutions, provided that every
manufacturer or dealer shall keep a register of all "sawed-off"
shotguns and "sawed-off" rifles manufactured or handled by him.
The register shall keep a full description of the person to whom
delivered or from whom it was received.
     No registered "sawed-off" shotgun or "sawed-off" rifle may
be transferred without the registrant notifying the
Superintendent of State Police, in writing, of the name and
address of the recipient.

MISCELLANEOUS

     It is unlawful to discharge a firearm in or across any road,
or right-of-way thereof, except at an approved firing range.
     It is unlawful to discharge any firearm in any public street
or in any place of public business or public gathering, except to
protect life or property, or unless otherwise authorized by law.
     It is unlawful to set a spring gun or a set gun or other
firearm that is discharged by a trip wire or similar device.
     It is unlawful to carry any firearm "without good and
sufficient reason" to a place of worship while a religious
meeting is being held.
     It is unlawful to sell, furnish or give a toy gun (other
than a cap pistol) if "by means of powder or other explosive" it
can discharge a blank or ball charge.
     It is unlawful to remove, deface or alter any serial number,
maker's name or other identifying mark on any firearm .
     A mandatory penalty of 3 years for a first offense, and 5
years for a subsequent offense, is provided as a separate and
consecutive felony offense for using or displaying a firearm
during the commission of certain violent felonies and drug
offenses. A person ineligible to posses a firearm who solicits,
employs, or assists another person to purchase a firearm, or a
person who purchases more than 1 firearm with the intent to
transfer to an ineligible person, shall be sentenced to a
mandatory minimum term of 5 years.
     It is unlawful to hunt with a firearm while under the
influence of an intoxicant or narcotic drug.
     On or after January 1, 1987, cities or counties may not
enact gun control laws unless expressly authorized by state law.
     Counties have the power to make it unlawful to carry or
possess a loaded firearm while on any part of a public highway or
to transport, possess or carry a loaded shotgun or rifle in any
vehicle on any public street, road, or highway.
     It is unlawful to use or attempt to use armor-piercing
ammunition while committing or attempting to commit a crime.
     It is unlawful to leave a loaded firearm in a manner as to
endanger a child under 14.

ANTIQUES AND REPLICAS

     Antique firearm means any firearm manufactured in or before
1898 and any replica of such a firearm if such replica (i) is not
designed or redesigned for using rimfire or conventional
center-fire ammunition or (ii) uses rimfire or conventional
center fire fixed ammunition which is no longer manufactured in
the U.S. and which is not readily available in the ordinary
channels of commercial trade. This exception applies only to
sales by federally licensed gun dealers. The restrictions on
concealed carrying and possession by prohibited persons otherwise
apply.


CAUTION: State firearms laws are subject to frequent change.
The above summary is not to be considered as legal advice or
a restatement of law. To determine the applicability of
these laws to specific situations which you may encounter,
you are strongly urged to consult a local attorney.

Compiled by:
NRA Institute for Legislative Action
11250 Waples Mill Road
Fairfax, Virginia  22030
1995, NRA Institute for Legislative Action

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