Virginia Gun Laws (2026): Concealed Carry, Open Carry, Permits, and Where You Can Carry

Virginia’s firearm landscape has undergone a major shift following the 2025–2026 legislative session. While Virginia remains a "Shall Issue" state for concealed handgun permits (CHP), new laws have significantly restricted magazine capacities, certain firearm features, and the ways out-of-state permits are recognized.

Quick Summary

What Changed in 2025–2026?

• Reciprocity Overhaul (HB24): Effective July 1, 2026, Virginia no longer automatically recognizes all out-of-state permits. The State Police now maintain a registry of "qualified" states. Crucially, Virginia residents can no longer use out-of-state permits to carry within the Commonwealth.
• Magazine Ban (SB749): A new limit on magazines capable of holding more than 10 rounds was introduced. Note that unlike previous years, current legislative language has removed "grandfather" clauses for certain high-capacity magazines.
• Industry Accountability (SB27): New standards of "responsible conduct" allow the state and individuals to sue firearm manufacturers and dealers for "public nuisance" violations.

Carry Rules

Open Carry

Open carry is generally legal for anyone 18 or older not otherwise prohibited. However, Virginia law (§ 18.2-287.4) prohibits the open carry of loaded "assault firearms" (including certain semi-auto pistols/rifles with threaded barrels or magazines over 20 rounds) in major public areas like Alexandria, Fairfax, Richmond, and Virginia Beach, unless you have a valid CHP.

Concealed Carry

Concealed carry requires a Virginia Concealed Handgun Permit (CHP) or a recognized out-of-state permit. The firearm must be hidden from common observation.

Why get a permit if you only Open Carry?

In Virginia, a CHP acts as an "exemption card." It allows you to carry loaded "assault firearms" in restricted cities and exempts you from the "one-handgun-a-month" purchase rule.

Permits

Virginia is a Shall Issue state, meaning if you meet the criteria, the Circuit Court must issue the permit.

• Resident Eligibility: Must be 21+, a resident of the county/city of application, and pass a background check.
• Non-Resident Eligibility: Non-residents apply directly through the Virginia State Police.
• Training Requirements: You must demonstrate "handgun competency." As of 2021, online-only courses are no longer accepted for residents; training must be in-person.
• Cost & Processing: The fee is capped at $50. Courts have 45 days to approve or deny your application. If not processed in 45 days, the clerk must provide a "de facto" permit until the official one arrives.

Where You Can and Can’t Carry

Prohibited Places

• K-12 Schools: Prohibited on all grounds and in buildings.
• Capitol Square: Includes the State Capitol and all state-owned buildings in Richmond.
• Local Government Buildings: Many localities (Alexandria, Arlington, Richmond, etc.) have exercised their right to ban carry in local government buildings and public parks. Always check local ordinances.
• Polling Places: Prohibited within 40 feet of any entrance on election day.
• Places of Worship: Technically prohibited "without good and sufficient reason," though the VA Attorney General has historically stated self-defense qualifies as a "good reason."

Private Property Signage

"No Guns" signs have the force of law in Virginia. Entering a posted business while armed is considered Criminal Trespass.

Vehicle Carry

Per § 18.2-308, any person who can legally own a gun may carry it in a vehicle without a permit, provided it is "secured in a container or compartment." The Virginia Supreme Court has ruled that a glove box (locked or unlocked) or a center console qualifies.

Buying, Owning, and Transporting Firearms

Background Checks & Sales

• Universal Background Checks: All sales, including private transactions, must go through an FFL dealer (FBI NICS).
• One-Handgun-a-Month: Unless you have a CHP, you are limited to purchasing one handgun every 30 days.

Federal Prohibited-Person Summary

You may not possess a firearm if you are prohibited under 18 U.S.C. § 922(g). This includes:

• Felons and those under indictment for a felony.
• Those dishonorably discharged from the military.
• Persons subject to a "Red Flag" (Emergency Substantial Risk) order.

Self-Defense Law Basics

Virginia is a Common Law self-defense state.

• No Duty to Retreat: If you are "without fault" in bringing on the difficulty, you may stand your ground and use proportional force to repel an attack.
• Castle Doctrine: You have no duty to retreat inside your own home.
• Proportionality: You may only use deadly force if you have a reasonable fear of imminent death or great bodily harm.
• Civil Immunity: Unlike some states, Virginia does not have a statute that automatically grants immunity from civil lawsuits following a justified self-defense shooting.

Reciprocity and Travel

Reciprocity Posture (The "Registry" System)

As of July 1, 2026, Virginia has moved away from "universal recognition." The State Police now audit other states' standards.

• Registry Check: Always check the VSP Reciprocity Page before traveling.
• Residents: If you live in VA, you must have a VA permit to carry concealed. You cannot use a non-resident permit from another state to bypass VA requirements.

See also: RIGHT TO BEAR CONCEALED CARRY RECIPROCITY MAP 

Safe Passage & TSA

• 18 U.S.C. § 926A: You may transport a firearm through any state if it is unloaded, locked in a trunk, and legal at your destination.
• Flying: Check TSA rules for declaring firearms and using locked, hard-sided cases.

FAQs

Can I carry a gun in a bar in Virginia?

Yes, but you cannot consume any alcohol while carrying a concealed handgun in a restaurant or club that serves it.

Is there a waiting period to buy a gun in Virginia?

There is no statutory waiting period once the background check is approved, but the "one-handgun-a-month" rule effectively acts as a buffer for frequent buyers.

Does Virginia have a Red Flag law?

Yes. An "Emergency Substantial Risk Order" can be issued to temporarily remove firearms from a person deemed a danger.

Are "Assault Weapons" banned?

There is no total ban, but "Assault Firearms" (as defined by features and magazine capacity) face stricter carry and age (21+) restrictions.

Can I carry in a National Park in Virginia?

Yes, in Shenandoah National Park and other National Park Service lands, carry is permitted as long as you comply with VA state law. However, firearms are banned inside federal buildings (Visitor Centers).

Is my 15-round magazine illegal now?

Under 2026 legislation (SB749), magazines exceeding 10 rounds are subject to new restrictions. Owners should consult with legal counsel regarding the "possession" vs. "sale" nuances of the latest effective dates.