Gun laws in Virginia

Gun laws in Virginia regulate the sale, possession, and use of firearms and ammunition in the state of Virginia in the United States.

Virginia[1][2]

The Constitution of Virginia protects the right of the people to keep and bear arms from government infringement.[10] 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.[11][12] 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 that 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 its shape, do not fall under the prohibition.[13] 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 is required in order to carry magazines with more than 20 rounds in some urban, public areas.[1][2]

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.[14] George Mason University, Virginia Commonwealth University, Department of Game and Inland Fisheries, and the Department of Conservation and Recreation also have regulations restricting or prohibiting firearms. The Department of Forestry repealed its prohibition on the possession of firearms in designated recreation areas. The Department of Forestry's regulations no longer prohibit the lawful carrying of firearms and ammunition. The new regulation took effect July 7, 2011.[4][6][7][15] 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. A person may not purchase more than one handgun per 30 day period, though some exceptions apply; most significantly, holders of valid Concealed Handgun Permits (CHP) from Virginia are exempt from this restriction.[1][2]

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, comply with certain restrictions, or who hold certain positions. Virginia shall issue a CHP to applicants over 21 years of age, provided that they meet certain safety training requirements and do not have any disqualifying criminal convictions. Consuming an alcoholic beverage in ABC on-premise 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. Those laws pertaining to alcohol do not apply to openly carried handguns, however possession of a firearm can compound the penalty for various other offenses, including illegal drug possession.[1][2][16]

References

  1. ^ a b c d "Legal Community Against Violence – Virginia Laws, Policies, and Statistics". Lcav.org. 2011-09-20. http://www.lcav.org/states/virginia.asp. Retrieved 2011-12-23. 
  2. ^ a b c d "NRA-ILA – Synopsis of Virginia Laws" (PDF). http://www.nraila.org/statelawpdfs/VASL.pdf. Retrieved 2011-12-23. 
  3. ^ Virginia State Police – Machine Gun Registration
  4. ^ a b "Virginia State Parks, FAQ". Dcr.virginia.gov. http://www.dcr.virginia.gov/state_parks/faq.shtml. Retrieved 2011-12-23. 
  5. ^ "Attorney General's Opinion on State Park Carry" (PDF). http://www.vcdl.org/new/kilgore_opinion.pdf. Retrieved 2011-12-23. 
  6. ^ a b c "Virginia Department of Game and Inland Fisheries – Hunting Regulations". Dgif.virginia.gov. 2011-09-01. http://www.dgif.virginia.gov/hunting/regulations/general.asp#legal-use. Retrieved 2011-12-23. 
  7. ^ a b "Virginia Department of Forestry – Handgun Amendment Information". Dof.virginia.gov. http://www.dof.virginia.gov/stforest/amendment-handguns.htm. Retrieved 2011-12-23. 
  8. ^ "Virginia State Police Letter Confirming Legality of Open Carry" (PDF). http://www.vcdl.org/new/VASP_OPEN.pdf. Retrieved 2011-12-23. 
  9. ^ "Virginia State Police – Firearms Reciprocity/Recognition". Vsp.state.va.us. http://www.vsp.state.va.us/Firearms_Reciprocity.shtm. Retrieved 2011-12-23. 
  10. ^ "Article I, Section 13. Militia; standing armies; military subordinate to civil power". Legis.state.va.us. http://legis.state.va.us/Constitution/Constitution.htm#1S13. Retrieved 2011-12-23. 
  11. ^ "Second Amendment Foundation – Firearm Regulation, by John Brabner-Smith". Saf.org. http://www.saf.org/LawReviews/Brabner-Smith1.html. Retrieved 2011-12-23. 
  12. ^ "University of Pennsylvania Law Review, Note, 98 (1950): 905. F.J.K". Saf.org. http://www.saf.org/LawReviews/FJK.htm. Retrieved 2011-12-23. 
  13. ^ "Code of Virginia § 18.2–308.5". Leg1.state.va.us. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.5. Retrieved 2011-12-23. 
  14. ^ AG Opinion 11-043
  15. ^ "Virginia State Police – Where Unlawful to Carry". Vsp.state.va.us. http://www.vsp.state.va.us/Firearms_ResidentConcealed.shtm#WhereUnlawfultoCarry. Retrieved 2011-12-23. 
  16. ^ "LIS > Code of Virginia > 18.2-308". Leg1.state.va.us. 2010-07-01. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308. Retrieved 2011-12-23.