When Do Virginia’s New Gun Laws Start?

There are a lot of significant changes to firearm laws in Virginia taking effect soon. If you are wondering, when do Virginia’s new gun laws start, read the post below.

When Do Virginia’s New Gun Laws Start and What Are They?

Allowing Access to Firearm By Children

The new law increases the penalty for recklessly leaving a loaded, unsecured firearm in a manner to endanger the life or limb or of a child under 14. A violation of this code section is now a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2,500. Previously, it was charged as a Class 3 misdemeanor, punished with a fine up to $500.

For more information on this charge, click here.

Required Background Checks for Firearm Transfers

Background checks are now required for anyone purchasing a firearm in Virginia and must be conducted through licensed firearm dealers. Selling a firearm to someone without obtaining a background check or purchasing a firearm without getting a background check is a Class 1 misdemeanor.

For more information on required background checks prior to a gun transfer in Virginia, click here.

Prohibition on Purchasing More than One Handgun a Month

It will be a Class 1 misdemeanor for anyone who is not a licensed firearms dealer to buy more than one handgun in a 30 day period in Virginia. It is punished with up to 12 months in jail and a fine up to $2,500. There are a few exceptions to this new law, exempting people with a valid Virginia concealed carry permit, certain law enforcement officers, and people who lost or had a firearm stolen, among others.

For more information on the prohibition against purchasing more than one handgun a month in Virginia, click here.

Removal of Firearm from Person Posing Substantial Risk of Injury to Himself

Another new law allows an attorney for the Commonwealth or a law enforcement officer to petition a judge or magistrate for an emergency “substantial risk order” if they think the person poses a substantial risk of injury to himself or others. Anyone subject to such order who purchases, possesses or transports a firearm will be charged with a Class 1 misdemeanor and also will be disqualified from having a concealed handgun permit, and cannot be employed by a licensed firearms dealer.

Additionally, it is a Class 4 felony to sell a firearm to a person who is the subject of a substantial risk order.

For more information on removal of firearms from a person posing a substantial risk of injury, click here.

Protective Orders and Firearm Possession

Anyone subject to a protective order in Virginia (or who is in Virginia and is subject to a protective order in another state or locality pursuant to a law that is substantially similar to Virginia’s) is prohibited from possessing, purchasing or transporting a firearm while the protective order is in effect. Additionally, anyone with a concealed carry permit will be prohibited from carrying any concealed firearm and must surrender his or her permit upon issuance of the protective order. Purchasing or transporting a firearm while subject to a protective order if a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2,500. Possession of a firearm while subject to a protective order is a Class 6 felony, punished with up to 5 years in prison.

For more information on protective orders and firearm possession in Virginia, click here.

Reporting Lost or Stolen Firearm

Any person who is in lawful possession of a firearm that is lost or stolen must report the theft or loss within 48 hours of discovering the loss or theft. A violation of this law is punished with a civil penalty of a fine up to $250. The law also states that anyone who timely reports the loss or theft of a firearm will be immune from criminal or civil liability from any acts or omissions resulting from that theft or loss (but not if the person knowingly makes a false report).

For more information on failing to report a lost or stolen firearm in Virginia, click here.

Control of Firearm Possession by Localities

Localities can now prohibit possession of or carrying firearms or ammunition in a building used for government purposes, a public park owned or operated by the locality, a rec center or community facility, and even a public road, street, alley, sidewalk or public right-of-way that is open to the public and is being used by or is adjacent to a permitted event or an event that would otherwise require a permit.

For more information on control of firearms by localities in Virginia, click here.

When Do Virginia’s New Gun Laws Start?

New laws in Virginia take effect on July 1 every year. The new laws relating to gun possession, transfer, and other changes will take effect on July 1, 2020.

 

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