Virginia Concealed Carry Permit

December 1, 2017 by Jean Humbrecht

It is legal to open carry in Virginia, but some cities and localities may prohibit the open carrying of firearms at certain locations within their jurisdictions. People with concealed carry permits are exempt from these restrictions.

However, the prohibition against carrying a concealed weapon in Va. Code §18.2-308 does not apply to any person with a valid Virginia Concealed Carry permit (except in limited circumstances, discussed below).

Any resident of the state of Virginia over the age of 21 can apply for a Concealed Carry permit, provided the person is not prohibited by law from possessing a firearm.  A Virginia Concealed Carry Permit is valid for 5 years. Va. Code §18.2-308.02.

Requirements for Obtaining Virginia Concealed Cary Permit

In order to obtain a Virginia Concealed Cary permit, the person must apply for a permit in the Circuit Court of the county or city in which he or she resides. Va. Code §18.2-308.02(A). If the person seeking the application is a member of the military and not a resident of Virginia, he or she can file the application in the county or city in which he or she is domiciled. Va. Code §18.2-308.02(A).

To obtain a concealed carry permit in Virginia, the person must fill out the application provided by the Department of State Police, show a valid government-issued photo ID, provide proof that the person has demonstrated competence with a handgun in person, pay the required fee and undergo a background check and pay a fee for such background check. Va. Code §18.2-308.02.

Some people are exempt from paying a fee for the background check, including retired:

  • magistrates in the Commonwealth
  • Virginia ABC special agent
  • law-enforcement Officers with the Department of State Police, Department of Wildlife Resources, Sheriff or Police Department, bureaus, or force of any political subdivision of the Commonwealth (after completing 15 years of service or reaching age 55)
  • a law-enforcement Officer with the FBI, ATF, DEA, ICE, CBP, Secret Service, Department of State Diplomatic Security Service, U.S. Marshals Service, or Naval Criminal Investigative Service (after completing 15 years of service or reaching age 55)   
  • a law-enforcement officer with any police or sheriff’s department in the United States, Washington DC or territory of the United States after completing 15 years of service
  • a law-enforcement officer with any combination of the agencies listed above (after completing 15 yers of service)
  • a designated boarding team member or boarding officer of the United States Coast Guard (after completing 15 years of service or reaching age 55)
  • a correctional officer (after completing 15 years of service), or 
  • a probation and parole officer (after completing 15 years of service). Va. Code §18.2-308.03(B)

Information will generally not be disclosed to the public. However, once the order issuing a concealed handgun permit has been signed by a Circuit Court judge, the information will be sent to the Virginia State Police and local law-enforcement who will enter the information into the Virginia Criminal Information Network sto document the permit’s existence for law-enforcement purposes.

Proof of Competence with Handgun is Required

One of the requirements of obtaining a concealed carry permit in Virginia is to provide proof of demonstrated competence with a handgun. To satisfy this requirement the documentation must be from a course taken in person. Va. Code 18.2-308.02(B).

The applicant can provide the documentation from any of the following courses as proof of this competence:

  • hunter education or hunter safety course approved by the Department of Wildlife Resources or similar agency of another state (Va. Code §18.2-308.02(B)(1))
  • a National Rifle Association (NRA) firearms safety or training course (Va. Code §18.2-308.02(B)(2))
  • a firearm safety or training course available to the general public offered by a law-enforcement agency, institution of higher learning, or a private or public institution or organization or firearms training school utilizing instructors certified by the NRA or the Department of Criminal Justice Services (Va. Code §18.2-308.02(B)(3))
  • completing a law-enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement (Va. Code §18.2-308.02(B)(4))
  •  Presenting evidence of equivalent experience with a firearm through participation in organized shooting competition or current military service or proof of an honorable discharge from any branch of the armed services (Va. Code §18.2-308.02(B)(5))
  • obtaining or previously having held a license to carry a firearm in the Commonwealth or a locality of the Commonwealth of Virginia, unless such license has been revoked for cause (Va. Code §18.2-308.02(B)(6))
  • completing an in-person firearms training or safety course or class conducted by a state-certified or National Rifle Association-certified firearms instructor (Va. Code §18.2-308.02(B)(7))
  • completing any governmental police agency firearms training course and qualifying to carry a firearm in the course of normal police duties (Va. Code §18.2-308.02(B)(8)) or
  • completing any other firearms training that the court deems adequate (Va. Code §18.2-308.02(B)(9)).

The applicant can provide a copy of a certificate of completion of a qualified course or classes, an affidavit from the class instructor, school, club, organization or group that conducted or taught the course attesting to the completion of the course or class by the applicant, or a copy of a document that shows completion of the course or class or participation in firearms competition. (Va. Code §18.2-308.02(B)).

How Long Will It Take to Get a Concealed Carry Permit in Virginia?

After receiving a completed application, the Clerk of Court will consult with local law-enforcement and receive a criminal record check of the applicant. The permit will be issued within 45 days provided the applicant is not disqualified from obtaining a Virginia Concealed Carry permit for any reason. If the person becomes disqualified from holding a concealed carry permit after it has been issued, the permit will be revoked. (Va. Code §18.2-308.04)

If the court does not issue the permit within 45 days or make a determination that the applicant is ineligible from obtaining a Concealed Carry permit in Virginia, the clerk of the court will return a certified copy of the application to the applicant within five business days of the expiration of the 45 day period noting that the 45 day period has expired. This application with such notation will constitute a de facto permit and is valid for 90 days or until the court issues a 5 year Concealed Carry permit or determines that the applicant is disqualified from obtaining such a permit. The person must produce this de facto permit along with a government-issued photo ID upon request from a law-enforcement officer, just as if it was an actual Concealed Carry Permit. If the person is determined to be disqualified, he or she must surrender the de facto permit to the Court. If the Court determines after issuing the 5 year permit that the person is disqualified, that will result in revocation of the permit. (Va. Code §18.2-308.05).

Requirements After Receiving a Virginia Concealed Carry Permit

Any person who has been issued a Concealed Carry permit in Virginia must carry the permit on his or her. person at all times while carrying a concealed handgun and is required to show his or her permit and government-issued photo ID if requested by a law-enforcement officer. Va. Code §18.2-308.01(A). Failure to produce this permit and photo ID upon request will be punished with a $25 civil penalty. Va. Code §18.2-308.01(B).

Additionally, even if a person is granted a concealed carry permit, that person will not be allowed to carry a weapon in a place where possession of a weapon is otherwise prohibited by law or on private property if firearm possession is prohibited by the owner of that private property. Va. Code §18.2-303.01(C). 

For more information on carrying a concealed weapon in Virginia without a permit and the penalties, click here.

People Prohibited from Obtaining Concealed Carry Permit in Virginia

Anyone prohibited from possessing, purchasing or transporting a firearm will be disqualified from obtaining a Virginia Concealed Carry permit. There are a number of reasons that a person may be prohibited from possessing, purchasing or transporting a firearm in Virginia. Va. Code §18.2-308.09. These include:

  • acquittal by reason of insanity (Va. Code §18.2-308.1:1, Va. Code §18.2-308.09(1))
  • adjudication of legal incompetence or mental incapacitation (Va. Code §18.2-308.1:2, Va. Code §18.2-308.09(1))
  • adjudication of legal incompetence or mental incapacitation if restored to competency within 5 years preceding the date of the application (Va. Code §18.2-308.1:2)
  • involuntary admission or being ordered into outpatient treatment (Va. Code §18.2-308.1:3, Va. Code §18.2-308.09(1))
  • being subject to an emergency substantial risk order or substantial risk order (Va. Code §18.2-308.1:6, Va. Code §18.2-308.09(1))
  • being enrolled on the Voluntary Do Not Sell Firearms List (Va. Code §18.2-308.1:7, Va. Code §18.2-308.09(1))
  • a conviction of Domestic Assault or similar law of another state or the United States (Va. Code §18.2-308.1:8)
  • being subject to a restraining order or protective order (Va. Code §18.2-308.1:4)
  • being a convicted felon (Va. Code §18.2-308.2)
  • convictions for 2 or more misdemeanors within 5 years preceding the concealed carry application if one of the misdemeanors was a Class 1 misdemeanor (Traffic Infractions and most traffic misdemeanors are not included in this prohibition)
  • convictions for 2 or more misdemeanors within 5 years preceding the application that are not Class 1 misdemeanors in the discretion of the judge (Traffic Infractions and most traffic misdemeanors are not included in this prohibition)
  • a person who is addicted to or is an unlawful user or distributor or marijuana, synthetic cannabinoids, or any controlled substance
  • any alien other than one with the status of lawful permanent resident
  • a person dishonorably discharged from the military
  • a fugitive from justice
  • a person whom the Court thinks is likely to use a weapon unlawfully or negligently so as to endanger others
  • a conviction for any of the following offenses within 3 years preceding the application:
  • a conviction for stalking (Va. Code §18.2-60.3)
  • a person adjudicated delinquent as a juvenile (if the offense would have been a felony if the person was an adult) within 16 years prior to the date of the application or released from incarceration within 16 years of the date of the application (unless the person has completed a minimum of two years of service in the United States Armed Forces and was not dishonorably discharged
  • a person with a pending:
    • felony charge
    • stalking charge
    • Assault charge
    • Assault and Battery Charge
    • Sexual Battery
    • Discharging Firearm in Public Place
    • Shooting Firearm to Endanger Others
    • Brandishing a Firearm
  • a person who has received mental health or substance abuse treatment in a residential setting within five years preceding the date of the application
  • a person who had a drug case dismissed as a result of a deferred disposition pursuant to Va. Code §18.2-251

For more information on who is disqualified from obtaining a Virginia concealed carry permit, click here.

For more information on prohibitions against firearm possession in Virginia, click here.

Can A Non-Resident of Virginia Obtain a Concealed Carry Permit in Virginia?

 

Making a False Statement on a Virginia Concealed Carry Permit Application

Making a materially false statement on an application for a Virginia Concealed Carry permit is considered perjury. It is punished with up to 10 years in prison and a fine up to $2,500. Va. Code §18.2-302.02(C).

Can I Appeal a Denial of a Concealed Carry Permit?
Prohibited Behavior While Carrying a Concealed Handgun with a Virginia Concealed Carry Permit

Even with a Virginia Concealed Carry permit, a person will be prohibited from carrying a firearm in certain places. Localities can also ban firearm possession in certain places.

A person who has a Virginia Concealed Carry Permit is prohibited from being under the influence of alcohol or drugs while carrying a concealed handgun in a public place. Va. Code §18.2-308.012(A). Convictions for certain crimes will be used by the court as evidence that the person was under the influence of alcohol or drugs. These offense include DUI, DUI of a Commercial Vehicle, DUI Involuntary Manslaughter, DUI Maiming, or Public Intoxication. A conviction for any of these offenses by a person with a concealed carry permit will result in his or her permit being revoked.

Carrying a concealed handgun in a public place while under the influence of drugs or alcohol is a Class 1 misdemeanor and is punished with up to 12 months in jail, a fine up to $2,500, or both. Additionally, the person’s concealed carry permit will be revoked and he or she cannot apply for another concealed carry permit in Virginia for 5 years. Va. Code §18.2-308.012(A).

A person with a concealed carry permit is also prohibited from consuming any alcohol while on the premises of an establishment that that has a license to sell and serve alcohol for on-premiss consumption. Consuming alcohol while on such premises and carrying a concealed weapon is a Class 2 misdemeanor, punished with up to 6 months in jail and a fine up to $1,000. Va. Code §18.2-308.012(B).

Can A Person Lose His or Her Virginia Concealed Carry Permit?

A Virginia Concealed Carry Permit will be forfeited and must be surrendered to the court in certain circumstances, including:

Making a materially false statement on an application for a concealed carry permit Va. Code §18.2-308.02

A conviction for a crime that would disqualify the person from obtaining a concealed carry permit:

  • a person convicted of Domestic assault after July 1, 2021 18.2-308.1:8

 

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