Privately Selling a Firearm
Virginia does not have laws regulating the private sale of privately owned firearms. However, sellers must conduct background checks on buyers for any transactions at firearms shows.[1] Licensed dealers are also required to conduct background checks for all firearms sales.[2] Any individual who sells a firearm to a person who is prohibited from possessing a firearm is guilty of a Class 4 felony.[3]
Prohibited from Buying
Any person who meets any of the following criteria is prohibited from purchasing a firearm in the state of Virginia:
- It is unlawful for any person acquitted because of insanity and committed to the custody of the Commissioner of Behavioral Health and Developmental Services on a charge of treason, any felony, or certain offenses punishable as misdemeanors, to knowingly and intentionally purchase, possess, or transport any firearm.[4]
- It is unlawful for any person who has been adjudicated legally incompetent or mentally incapacitated to purchase, possess, or transport any firearm.[5]
- It is unlawful for any person who was involuntarily admitted to a relevant treatment facility or ordered to mandatory outpatient treatment, who was the subject of a temporary detention order and subsequently agreed to voluntary admission to a treatment facility, or who was found incompetent to stand trial and likely to remain so for the foreseeable future and whose case was disposed of, to purchase, possess, or transport a firearm.[6]
- It is unlawful for any person who is subject to an applicable protective order issued by a court in Virginia or a similar order issued by a tribunal of another state, the United States or any of its territories, possessions, or commonwealths, or the District of Columbia, to purchase or transport any firearm while the order is in effect. Any person with a concealed handgun permit subject to such a protective order is prohibited from carrying any concealed firearm while the order is in effect. They must surrender their permit to the court entering the order.[7]
- It is unlawful for any person who, within a 36-consecutive-month period, has been convicted of two particular misdemeanor drug offenses to purchase or transport a handgun.[8]
- It is unlawful for any person subject to an emergency substantial risk order to purchase, possess, or transport any firearm while the order is in effect. Any such person with a concealed handgun permit is prohibited from carrying any concealed firearm while the order is in effect and must surrender their permit to the court entering the order.[9]
- It is unlawful for any person who is not a citizen of the United States and who is not lawfully present in the United States to knowingly and intentionally possess or transport any firearm or to knowingly and intentionally carry a concealed firearm on their person.[10]
Concealed Carry
Concealed Carry is prohibited in Virginia without a valid Concealed Handgun Permit.[11]
How to Apply
An individual has to be 21 years old or older to apply for a Concealed Handgun Permit in Virginia.[12]
- Complete an Application for a Concealed Handgun Permit.
- Attach proof of competence with a firearm.[13]
- Submit the application to the applicant’s local county clerk.
- Pay the appropriate filing fee.[14]
- The clerk will approve or deny the license application within 45 days of receiving it.
Reciprocity
Virginia recognizes the concealed carry permits of all states that issue them to their residents.[15]
Sources
- VA Code § 54.1-4201.2
- VA Code § 18.2-308.2:2
- VA Code § 18.2-308.2:1
- VA Code § 18.2-308.1:1
- VA Code § 18.2-308.1:2
- VA Code § 18.2-308.1:3
- VA Code § 18.2-308.1:4
- VA Code § 18.2-308.1:5
- VA Code § 18.2-308.1:6
- VA Code § 18.2-308.2:01
- VA Code § 18.2-308.01(A)
- VA Code § 18.2-308.02
- VA Code § 18.2-308.02(B)
- VA Code § 18.2-308.03
- VA Code § 18.2-308.014