Carrying Concealed Weapons

Carrying a concealed weapon in Virginia (Va. Code §18.2-308) is a crime.  The offense is committed when an offender carries a weapon about his person and hidden from common observation.

Carrying A Concealed Weapon in Virginia (Va. Code §18.2-308)

To convict an offender of carrying a concealed weapon in Virginia, the Commonwealth must prove that the offender carried one of the listed weapons about his person and hidden from common observation.

Proof of Carrying A Concealed Weapon in Virginia

The Commonwealth must prove that the offender:

  • carried
  • about his person
  • hidden from common observation
  • one of the enumerated weapons

For purposed of this statute, about his person means “readily accessible for use or surprise.” Hidden from common observation means that the weapon is “observable but is of such deceptive appearance as to disguise the weapon’s true nature”.carrying a concealed weapon in Virginia

The weapons covered by Va. Code §18.2-308 include:

Penalties for Carrying A Concealed Weapon in Virginia

A first offense Carrying a Concealed Weapon charge in Virginia under Va. Code §18.2-308 is a Class 1 misdemeanor. It is punished with up to 12 months in jail, a fine up to $2,500, or both.  A second offense is a Class 6 felony, punished with up to 5 years in prison and a fine up to $2,500, or both.  A third offense is a Class 5 felony, punished with up to 10 years in prison, a fine up to $2,500, or both.

Exceptions to Prohibition Against Carrying A Concealed Weapon in Virginia

There are a number of exceptions to the prohibition on carrying a concealed weapon in Virginia.

Persons with Concealed Handgun Permit

If a person has a valid concealed handgun permit, he or she is generally allowed to carry a concealed handgun in Virginia, with some restrictions and exceptions.

For more information on permits to carry a concealed handgun in Virginia, click here.

If a person carries a concealed handgun in Virginia without a permit, or has a concealed handgun permit but violates certain restrictions, he can still be convicted of carrying a concealed weapon in Virginia under Va. Code §18.2-308.

The person cannot carry a concealed weapon in public while under the influence of alcohol or illegal drugs (Va. Code §18.2-308.12(A)) nor can he or she carry a concealed weapon onto the premises of an establishment that serves alcohol and consume an alcoholic beverage (Va. Code §18.2-308.012(B)).

Carrying a concealed handgun while under the influence of alcohol or drugs is a Class 1 misdemeanor. It is punished with up to 12 months in jail and a fine up to $2,500. His or her concealed carry permit will also be revoked and the person cannot apply for a permit again for five years.

It is a Class 2 misdemeanor for a person to carry a concealed handgun onto the premises of a restaurant or establishment that serves alcohol and consume alcohol at such place. It is punished with up to 6 months in jail and a fine up to $1,000. This prohibition does not apply to Federal, state, and local law-enforcement officers.

For more information on carrying a concealed handgun and consuming alcohol or being under the influence of alcohol in Virginia, click here.

Other Exceptions to the Ban on Carrying a Concealed Weapon in Virginia
  • in a person’s place of abode or curtilage
  • at his or her own place of business
  • any person actually engaged in lawful hunting under inclement weather conditions necessitating temporary protection of his firearm from those conditions, provided that possession of a handgun while engaged in lawful hunting shall not be construed as hunting with a handgun if the person hunting is carrying a valid concealed handgun permit
  • a law-enforcement officer, retired law-enforcement officer, Commonwealth’s Attorney, Assistant Commonwealth Attorney, Judge or Justice
  • those traveling to or at a shooting range (if the weapon is unloaded and securely wrapped while being transported)
  • any person carrying such weapons between his place of abode and a place of purchase or repair (provided the weapons are unloaded and securely wrapped while being transported)
  • any regularly enrolled member of a weapons collecting organization who is at, or going to or from, a bona fide weapons exhibition (provided that the weapons are unloaded and securely wrapped while being transported)
  • any enrolled participant of a firearms training course who is at, or going to or from, a training location (provided that the weapons are unloaded and securely wrapped while being transported)
  • any person who may lawfully possess a firearm and is carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel.
People in Certain Professions in the Discharge of their Official Duties or while in Transit to or from Such Duties

People in certain professions who are in the discharge of their official duties or while in transit to or from such duties are also exempt from a charge under this statute. These people include:

  • Carriers of the United States mail
  • Officers or guards of any state correctional institution;
  • Conservators of the peace (except the following conservators of the peace shall not be permitted to carry a concealed handgun without obtaining a permit:
    • notaries public
    • registrars
    • drivers, operators, or other persons in charge of any motor vehicle carrier of passengers for hire, or
    • commissioners in chancery; and
  • Noncustodial employees of the Department of Corrections designated to carry weapons by the Director of the Department of Corrections