================================================================= Source: NRA-ILA BBS ================================================================= VIRGINIA (As of July 1992) PLEASE NOTE: In addition to state laws, the purchase, sale and (in certain circumstances) the possession and interstate transportation of firearms is regulated by the Federal Gun Control Act of 1968, as amended by the Firearms Owners' Protection Act. Also, cities and localities may have their own firearms ordinances in addition to federal and state laws. Details may be obtained by contacting local law enforcement authorities, or by consulting the State Laws and Published OrdinancesÄFirearms Treasury Dept.), available from the U.S. Government Printing Office, Washington, D.C. 20402. QUICK REFERENCE CHART Rifles and Shotguns Handguns Permit to Purchase NO NO Registration of Firearms NO NO Licensing of Owner NO NO Permit to Carry NO YES* * If Concealed STATE CONSTITUTIONAL PROVISION "That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power." Article 1, Section 13. PURCHASE AND POSSESSION A criminal history record information check is required prior to purchasing any firearm, except for an antique or its replica. A fee of $2.00 will be collected for such a check. For non-residents it is $5.00. No state permit is required to otherwise purchase or possess a rifle, shotgun or handgun, although many Virginia cities and counties individually regulate the purchase and possession of firearms. These ordinances vary considerably, and it is strongly recommended that local law enforcement authorities be contacted for details. It is a crime for any person to sell, give or otherwise furnish a handgun to a minor if he has reason to believe that the buyer or recipient is under 18 years of age. It is unlawful to transfer a firearm to a convicted felon or a person acquitted by reason of insanity and committed to a mental institution. It is unlawful for a person convicted of a felony to possess or transport a firearm, or a person acquitted by reason of insanity and committed to a mental institution. CARRY The carrying of any concealed firearm by a person "about his person, hid from common observation" is prohibited. Exceptions to this prohibition include: 1. Carrying in one's place of abode or the curtilage thereof. 2. Any regularly enrolled member of a target shooting organization who is at, or going to or from, an established shooting range, provided that the weapons are unloaded and securely wrapped while being transported. 3. Any regularly enrolled member of a weapons collection organization who is at, or going to or from, a bona fide weapons exhibition, provided the weapons are unloaded and securely wrapped while being transported. 4. 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 . 5. Any person actually engaged in lawful hunting under inclement weather conditions necessitating temporary protection of his f i rearm . To be considered "about his person," the concealed weapon must be "readily accessible for use or surprise if desired." Some Virginia authorities advise that a handgun carried in the glove compartment of a car is not considered "readily accessible."* The law is not completely clear on this point, however, and the reader is cautioned that interpretation by local law enforcement officials may vary. *Some other states, however, do regard a firearm in a glove compartment to be readily accessible. Permission to carry a concealed weapon for 2 years may be obtained from the circuit court of the county in which the applicant resides. The court "shall issue such permit" if the applicant is of good character, has demonstrated a need, which need may include but is not limited to lawful defense and security, is physically and mentally competent to carry a concealed pistol, and is not prohibited by law from receiving, possessing or transporting a pistol . The specific reasons for a denial shall be stated in the order of the court. Upon request of the applicant made within 10 days of the denial, the court shall place the matter on the docket for a full hearing, at which the applicant may be represented by a lawyer. The final order of the court shall include findings of fact and conclusions of law. Within 30 days of a denial, a petition for review may be filed with the Court of Appeals. It is unlawful to carry any firearm during school hours in any elementary, junior high, or high school, or on such school property. Exempt is the carrying of firearms as part of the curriculum or other school sponsored program of any organization permitted by the school. Various cities and counties throughout the state have ordinances prohibiting the transportation of firearms in automobiles unless they are unloaded and/or enclosed in a case. In a city with a population of 200,000 or more it is unlawful to carry on or about the person on any public road, alley, right-of-way, park, or any place of whatever nature that is open to the public a loaded semiautomatic rifle or pistol designed to accept a bayonet or silencer or equipped with a bipod, flash suppressor or folding stock, or provided by the manufacturer with a magazine which will hold more than 20 rounds, or shotgun with a magazine which will hold more than 7 rounds . MACHINE GUNS A machine gun is defined as a weapon which shoots, or is designed to shoot, automatically without manual reloading more than one shot by a single function of the trigger. Possession of a machine gun for an "aggressive or offensive purpose" is prohibited. All machine guns in the state must be registered within 24 hours of acquisition with the Department of State Police. A presumption of possession for an offensive or aggressive purpose is raised by (a) a failure to register, or (b) possession by a person who has been convicted of a crime of violence, or (c) possession elsewhere than on one's premises owned or rented for permanent residence or business occupancy, or (d) when empty or loaded shells for the machine gun are "found in the immediate vicinity thereof." This law does not "prohibit or interfere with" any machine gun registered with the State Police which is (a) possessed for scientific purposes, or (b) not usable as a weapon and possessed as a "curiosity, ornament or keepsake," or (c) possessed "for a purpose manifestly not aggressive or offensive." "SAWED-OFF" SHOTGUNS A "sawed-off" shotgun is defined as "any weapon, loaded or unloaded, originally designed as a shoulder weapon, utilizing a self-contained cartridge from which a number of ball shot pellets or projectiles may be fired simultaneously from a smooth or rifled bore by a single function of the firing device and which has a barrel length of less than 18 inches for smooth bore weapons and 16 inches for rifled weapons. Weapons of less than .225 caliber shall not be included." Possession of a "sawed-off" shotgun is unlawful except for the following purposes: 1. Possession for scientific purposes, or possession of a "sawed-off" shotgun not usable as a firing weapon and possessed as a curiosity, ornament, or keepsake. 2. The manufacture for, and sale of, to the military or law enforcement or to penal institutions, provided that every manufacturer or dealer shall keep a register of all "sawed-off" shotguns manufactured or handled by him. The register shall keep a full description of the person to whom delivered or from whom it was received. No registered "sawed-off" shotgun may be transferred without the registrant notifying the Superintendent of State Police, in writing, of the name and address of the recipient. MISCELLANEOUS It is unlawful to discharge a firearm within one hundred yards of any road or street, except at an approved firing range. It is unlawful to willfully discharge any firearm in any public street or in any place of public business or public gathering, except to protect life or property, or unless otherwise authorized by law. It is unlawful to set a spring gun or a set gun or other firearm that is discharged by a trip wire or similar device. It it unlawful to carry any firearm "without good and sufficient reason" to a place of worship while a religious meeting is being held. It is unlawful to sell, furnish or give a toy gun (other than a cap pistol) if "by means of powder or other explosive" it can discharge a blank or ball charge. It is unlawful to remove, deface or alter any serial number, maker's name or other identifying mark on any firearm. A mandatory penalty of two years is required for a first conviction where a person uses or attempts to use, or displays in a threatening manner, any firearm while committing or attempting to commit murder, rape, robbery, burglary, malicious wounding or abduction. The mandatory penalty is four years for a second or subsequent offense. This offense constitutes a separate and distinct felony. The mandatory penalty must be served consecutively with any sentence received for the underlying felony. It is unlawful to hunt with a firearm while under the influence of an intoxicant or narcotic drug. On or after January 1, 1987, cities or counties may not enact gun control laws unless expressly authorized by state law. Counties have the power to make it unlawful to carry or possess a loaded firearm while on any part of a public highway or to transport, possess or carry a loaded shotgun or rifle in any vehicle on any public street, road, or highway. It is unlawful to use or attempt to use armor-piercing ammunition while committing or attempting to commit a crime. It is unlawful to leave a loaded firearm in a manner as to endanger a child under 14. ANTIQUES AND REPLICAS Antique firearm means any firearm manufactured in or before 1898 and any replica of such a firearm not designed or redesigned for using fixed rimfire or center fire ammunition or uses fixed ammunition which is no longer manufactured in the U.S. and which is not readily available in the ordinary channels of commercial trade. This exception applies only to sales by federally licensed gun dealers. The restrictions on concealed carrying and possession by prohibited person otherwise apply. CAUTION: State firearms laws are subject to frequent change. The above summary is not to be considered as legal advice or a restatement of law. To determine the applicability of these laws to specific situations which you may encounter, you are strongly urged to consult a local attorney. ================================================================