State Gun Laws

Under Virginia law, it is illegal for a person to have or buy a firearm if s/he:

1. was acquitted of a crime by reason of insanity and committed to the custody of the Commissioner of Behavioral Health and Developmental Services;¹
2. was declared legally incompetent or mentally incapacitated by a court;²
3. as an adult or as a minor who is age 14 or older, s/he was found incompetent to stand trial and likely to remain so for the foreseeable future;³
4. has been convicted of a felony;
5. was adjudicated “delinquent” as a juvenile at age 14 or older for one of the following crimes:
   1. murder;
   2. kidnapping;
   3. robbery by the threat or presentation of firearms;
   4. rape; or
   5. any other felony but only if the person is currently under the age of 29;⁴ or
6. was convicted of two misdemeanor drug offenses within a three-year period. Note: The law specifically prohibits possessing a handgun, not all firearms. And, if five years pass from the date of the second conviction without a new conviction for another drug offense, then this restriction no longer applies.⁵

In addition, even if the laws, explained above, do not prohibit a person from having a firearm, there are additional restrictions when it comes to carrying a concealed handgun. A person is not eligible for a permit to carry a concealed handgun if s/he:

• was convicted of two or more misdemeanors within the past five years and one of the misdemeanors was a Class 1 misdemeanor; Note: Even if none of them were Class 1 misdemeanors, a judge can still decide to deny the permit;⁶
• within the past three years, was convicted of driving while intoxicated, public drunkenness, or a substantially similar offense under the laws of any other state;⁷
• is a fugitive from justice;⁸
• was convicted of, or has a charge pending for, any assault, assault and battery, sexual battery, discharging of a firearm, or brandishing of a firearm within the past three years;⁹
• was convicted of, or has a charge pending for, stalking;¹⁰ or
• s/he was convicted of assault and battery of a family or household member for an offense that occurred on or after July 1, 2021 – in this case, s/he cannot get a permit for three years following the conviction;¹¹
• within the past three years, was found guilty of any criminal drug offense (listed in Article 1 of the law, beginning with section 18.2-247) or of a criminal offense of illegal possession or distribution of marijuana, synthetic cannabinoids, or any controlled substance in another state. Note: This includes a first-time offender who was sentenced to probation and, upon fulfilling the terms of probation, had the conviction discharged and the proceedings dismissed.¹²

Federal laws, which apply to all states, also restrict a person’s right to have a gun if s/he has been convicted of certain crimes. Go to Federal Gun Laws to get more information.

¹ Va. Code § 18.2-308.1:1(A)
² Va. Code § 18.2-308.1:2(A)
³ Va. Code § 18.2-308.1:3(A)
⁴ Va. Code § 18.2-308.2(A)
⁵ Va. Code § 18.2-308.1:5
⁶ Va. Code § 18.2-308.09(7)
⁷ Va. Code § 18.2-308.09(9)
⁸ Va. Code § 18.2-308.09(12)
9 Va. Code § 18.2-308.09(14), (17)
¹⁰ Va. Code § 18.2-308.09(15), (17)
¹¹ Va. Code § 18.2-308.09(1)
¹² Va. Code § 18.2-308.09(19), (20)