Lana Oconnell
Gun laws in Virginia regulate the sale, possession, and use of firearms and ammunition. While there are no age requirements for the purchase of ammunition in Virginia, federal law requires individuals to be at least 21 years old to buy handgun ammunition and 18 years old to purchase rifle or shotgun ammunition. In Virginia, international students or non-immigrant visa holders are prohibited from purchasing firearms unless they have documentation showing an exemption, such as a hunting license or a waiver from the Attorney General of the United States. Additionally, all buyers must present a valid photo ID issued by Virginia or their state of residence and undergo a background check.
| Characteristics | Values |
|---|---|
| Gun laws | Regulate the sale, possession, and use of firearms and ammunition |
| Gun-free zones | Courthouses, air carrier terminals, schools, child day centers, the Capitol and General Assembly buildings, churches, George Mason University, James Madison University, Virginia Commonwealth University, and Virginia Polytechnic University |
| Age restrictions | Must be 21 years of age to purchase handgun ammunition, 18 years old to purchase rifle or shotgun ammunition, and 18 years old to open carry a handgun without a permit |
| Concealed carry | Allowed for persons with a valid CHP (concealed handgun permit) or certain positions; CHPs issued to applicants 21 years or older |
| Non-immigrant aliens | Required to bring I-94 Departure Record and documentation showing exemption to prohibition on firearm possession |
| Background checks | Required for all gun sales except sales between family members and some other circumstances; licensed dealers must conduct background checks prior to sale |
| Identification | Valid photo-ID form issued by a governmental agency of Virginia, including a driver's license or DMV-issued photo ID that is more than 30 days old; a second form of ID is required to verify the buyer's address |
| Duty weapons | Can be purchased from licensed firearms dealers with an Employer's Certification Letter |
| Knife possession | Certain knives are illegal to possess in Virginia |
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What You'll Learn
International students as lawful permanent residents
International students who are lawful permanent residents in the United States may be eligible to purchase firearms in the state of Virginia, provided they meet certain requirements. Firstly, they must be able to present valid identification and residency documents. This includes a valid photo ID issued by the Virginia Department of Motor Vehicles (DMV) and a second form of identification, such as a driver's license or a government-issued photo ID, that verifies the buyer's address. It is important to note that the primary ID must be at least 30 days old, and the name and address on both forms of identification must match.
In addition to the identification requirements, lawful permanent residents must also undergo a background check prior to purchasing a firearm. This background check is conducted by the Virginia State Police and applies to all firearm sales, transfers, and pickups of unsold consigned firearms. The background check helps ensure that the buyer does not have any disqualifying conditions, such as certain criminal convictions, that would prohibit them from possessing a firearm.
It is worth mentioning that there are specific restrictions on the type of firearm that can be purchased. For example, "assault firearms," which include semi-automatic rifles or pistols with high-capacity magazines, require additional proof of citizenship or lawful permanent residence. Furthermore, Virginia has implemented a "red flag law," which allows judges to temporarily order the seizure of firearms from individuals deemed to be a threat to themselves or others.
While Virginia does not have age restrictions on the purchase of ammunition, federal law requires individuals to be at least 21 years old to purchase handgun ammunition and at least 18 years old for rifle or shotgun ammunition. Additionally, open carry of a handgun without a permit is permitted in Virginia at 18 years of age, while concealed carry requires individuals to be at least 21 years old and hold a valid Concealed Handgun Permit (CHP) or a valid out-of-state license/permit.
It is important for international students who are lawful permanent residents to carefully review and comply with all applicable laws and regulations regarding firearm ownership in Virginia. They should also be aware of prohibited places for carrying firearms, which include courthouses, air carrier terminals, schools, child day centers, and places of worship during services.
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Identification requirements
Virginia has various identification requirements that must be met in order to purchase a firearm.
Firstly, prospective purchasers of firearms must present a valid photo ID form issued by a governmental agency of the Commonwealth of Virginia. This ID must include the individual's name, sex, and date of birth. If the primary form of photo ID is issued by the Virginia Department of Motor Vehicles (DMV), 30 days must have passed since the original date of issue. Alternatively, a copy of the purchaser's DMV driver's record can be presented, showing that the original date of issue was more than 30 days prior to the attempted purchase.
For non-Virginia residents, a valid driver's license or photo ID issued by a government agency of the purchaser's state of residence, along with a second form of identification determined to be acceptable by the Department of Criminal Justice Services, is required.
Active military personnel aged 21 and over, assigned to a Virginia duty post or the Pentagon, may apply for a Virginia resident permit and are treated as Virginia residents for the purchase of a handgun. A military photo ID issued by the United States Department of Defense and proof that Virginia is the permanent duty station via current military assignment orders are required.
Non-immigrant aliens (visa holders) are required to bring their I-94 Departure Record and documentation showing an exemption to the prohibition on non-immigrants possessing a firearm. This can include a hunting license or permit lawfully issued in the United States, or a waiver from the prohibition from the Attorney General of the United States.
Additionally, Virginia law requires a second form of identification to verify the buyer's address. This second form of ID must have a name and address that matches the buyer's primary ID.
Background checks are required for all gun sales, except for sales between family members and some other circumstances. Licensed dealers must have the Virginia State Police conduct a background check prior to completing the sale of certain firearms.
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Gun-free zones
In Virginia, a buyer must be a lawful permanent resident alien in the United States or a US citizen to be eligible to purchase a firearm. However, there are exceptions and a waiver process for "any alien in the United States in a non-immigrant status". Gun laws in Virginia vary depending on the type of firearm, the identity of the buyer, and the location of the transaction.
Virginia has various gun-free zones where individuals are prohibited from purchasing, possessing, transferring, carrying, storing, or transporting firearms, ammunition, or related components. These zones are typically established by school boards and are enforced in addition to federal gun-free school zone laws.
Schools
Virginia law prohibits the possession of firearms in public, parochial, and private schools, including elementary, middle, and high schools, as well as the buildings, grounds, and related properties used for school-sponsored functions. This restriction applies to school buses as well. However, there are exceptions for individuals with valid Virginia-issued concealed handgun permits, who may possess a concealed handgun while in a motor vehicle in the parking lot or other vehicular ingress or egress areas of the school.
Additionally, unloaded firearms in locked containers or locked firearms racks within vehicles on school property are allowed, as well as unloaded rifles or shotguns secured in firearms racks within a vehicle. Law enforcement officers and armed security guards hired by private or religious schools are also exempt from these restrictions.
Colleges and Universities
Private colleges in Virginia may prohibit the carrying of firearms on their grounds or within their buildings. Public colleges and universities may have restricted areas, such as specific buildings, where firearms are not allowed. However, members of the public may be able to carry firearms in certain areas, such as the open grounds of a university. Most public colleges and universities prohibit their students and employees from carrying weapons. Therefore, it is essential to check with the specific institution before carrying a firearm on their property.
Other Locations
Virginia residents and visitors must be cautious and well-informed about the state's gun laws and regulations to avoid inadvertently violating any firearm-related restrictions in designated gun-free zones.
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Background checks
Virginia's gun laws are some of the most relaxed in the United States, and the state was the first in the country to implement a firearms transaction program. This program, the Virginia Firearms Transaction Program (VFTP), provides a timely, point-of-sale decision on the approval or disapproval of a firearm sale or transfer based on a criminal history record information (CHRI) check.
The VFTP is administered by the Virginia Department of State Police, which maintains one of the most complete records repositories in the nation. The CHRI check is performed by properly licensed and registered firearms dealers, who request the information via the internet or telephone. The dealer may charge a fee of up to $15 for performing this check.
The CHRI check requires the prospective purchaser to present one piece of government-issued photo identification. If the purchaser is a dual resident of Virginia and another state, they must provide proof of residency in Virginia. The purchaser must also give written consent for the background check and provide personal information, including name, birth date, gender, race, citizenship, and social security number. The dealer must also provide information on the number and category of firearms intended to be transferred.
The CHRI check searches national and state databases, including Virginia's criminal history record files, wanted and missing persons files, and protective orders, as well as the National Instant Criminal Background Check System (NICS). This system includes databases of wanted persons, protection orders, deported felons, violent felons, and more.
In addition to the CHRI check, Virginia law requires that a firearm dealer obtain written consent from the transferee to obtain criminal history record information from the Department of State Police (DSP) to determine if the transferee is prohibited from possessing or transporting a firearm by state or federal law. This applies to firearms owned by the dealer but not in their inventory. "Private" sellers who are not licensed dealers are also generally required to initiate a background check when transferring a firearm.
Virginia law also allows for the issuance of concealed handgun permits to non-Virginia residents. Active military personnel assigned to a Virginia duty post or the Pentagon may apply for a Virginia resident permit and are treated as Virginia residents for the purchase of a handgun. Lawful permanent resident aliens may also purchase firearms in Virginia, although prohibitions apply to "any alien in the United States in a non-immigrant status".
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Age restrictions
Virginia has various age restrictions in place regarding the purchase and possession of firearms. For instance, federal law requires an individual to be at least 21 years of age to purchase handgun ammunition, and at least 18 years old to purchase rifle or shotgun ammunition. Furthermore, open carry of a handgun without a permit is legal in Virginia at age 18, and Virginia issues a Concealed Handgun Permit (CHP) to applicants 21 years of age or older, provided that they meet certain safety training requirements and do not have any disqualifying conditions.
Active military personnel, 21 years of age and older, assigned to a Virginia duty post or the Pentagon may apply for a Virginia resident permit, which are issued by the circuit court of the county or city in which the applicant resides. Virginia also offers non-resident permits, and honors all valid out-of-state concealed carry permits issued to individuals who are at least 21 years old and are carrying a photo ID issued by a government agency.
Virginia law does not address age requirements for the purchase of ammunition. However, to purchase any firearm in Virginia, a buyer must present a valid photo ID issued by a government agency in the Commonwealth of Virginia, which includes the individual's name, sex, and date of birth. A DMV-issued photo ID must be at least 30 days old.
Non-immigrant aliens (visa holders) are required to bring their I-94 Departure Record and documentation showing an exemption to the prohibition on non-immigrants possessing a firearm, such as a hunting license or permit lawfully issued in the United States, or a waiver from the prohibition from the Attorney General of the United States.
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Frequently asked questions
Buyers must be at least 21 years old, comply with safety training requirements, and not have any disqualifying conditions under Title § 18.2-308.09 of the Virginia Code. Buyers must present a valid photo ID issued by a government agency and a second form of identification to verify the buyer's address.
No, but international students must be lawful permanent resident aliens in the United States and must meet the same identification and residency requirements as citizens. Non-immigrant aliens (visa holders) must bring their I-94 Departure Record and documentation showing an exemption to the prohibition on non-immigrants possessing a firearm.
Firearms are prohibited in courthouses, air carrier terminals, schools, child day centers, the Capitol, General Assembly buildings, and churches.
Yes, there are restrictions on the purchase of assault firearms, which are defined as semi-automatic center-fire rifles or pistols equipped with a magazine that will hold more than 20 rounds of ammunition, a folding stock, or a silencer.
Yes, there is a restriction of one handgun per month, although concealed carry permit holders are exempt from this limit.
