Concealed Carry Laws in VA

Resident Concealed Handgun Permits in VA

Information provided from the following link. (VA State Police Web page)

http://www.vsp.state.va.us/Firearms_ResidentConcealed.shtm

If you need information concerning a Non-Resident CCW Permit in VA, please click on the following link. http://www.vsp.state.va.us/Firearms_NonresidentConcealed.shtm

Virginia Resident Concealed Handgun Permits are issued by the circuit court of the county or city in which the applicant resides. Please contact the applicable court for specific instruction on the application process.

Virginia Code Section 18.2-308 – Prohibits the carrying of any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or any weapon of like kind by any person hidden from common observance about his person. Any of the enumerated weapons shall be seized and forfeited to the Commonwealth. A weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon’s true nature.

Application for a Concealed Handgun Permit

Any person 21 years of age or older may apply in writing to the clerk of the circuit court of the county or city in which he or she resides, or if he is a member of the United States armed forces, the county or city in which he is domiciled, for a five-year permit to carry a concealed handgun. There is no requirement as to the length of time an applicant for a Concealed Handgun Permit must have been a resident or domiciliary of the county or city where he or she resides.

It is suggested that the applicant check with the Circuit Court where they reside for any local procedures. Questions specific to completion of the application, residency, or acceptable proof of handgun competency should be directed to the court.

The form (SP-248 Application for Concealed Handgun Permit) may be downloaded and/or printed from this web site. This form can be viewed, downloaded and/or printed by visiting the Virginia State Police Forms page.

The court shall require proof that the applicant has demonstrated competence with a handgun and the applicant may demonstrate such competence by one of the following, but no applicant shall be required to submit to any additional demonstration of competence:

If Your Application is Not Complete within 45 Days

If the court has not issued the permit or determined that the applicant is disqualified within 45 days of the date of receipt noted on the application, the clerk shall certify on the application that the 45-day period has expired, and send a copy of the certified application to the applicant. The certified application shall serve as a de facto permit, which shall expire 90 days after issuance, and shall be recognized as a valid concealed handgun permit when presented with a valid government-issued photo identification until the court issues a five-year permit or finds the applicant to be disqualified. If the applicant is found to be disqualified after the de facto permit is issued, the applicant shall surrender the de facto permit to the court and the disqualification shall be deemed a denial of the permit and a revocation of the de facto permit. If the applicant is later found by the court to be disqualified after a five-year permit has been issued, the permit shall be revoked.

Permit Renewal

Persons who previously have held a Virginia resident permit shall be issued, upon application, a new five-year permit unless there is good cause shown for refusing to reissue a permit. The same fees and time constraints apply in the instance of renewal. Persons who previously have been issued a concealed handgun permit are not required to appear in person to apply for a new five-year permit; the application for the new permit may be submitted via the United States mail. The circuit court that receives the application shall promptly notify the applicant if the application is incomplete or if the fee submitted is incorrect.

If the new five-year permit is issued while an existing permit remains valid, the new five-year permit shall become effective upon the expiration date of the existing permit, provided that the application is received by the court at least 90 days but no more than 180 days prior to the expiration of the existing permit.

Fingerprint impressions are not required for the renewal of an existing permit pursuant to §15.2-915.3.

If a permit holder is a member of the Virginia National Guard, Armed Forces of the United States, or the Armed Forces reserves of the United States, and his five-year permit expires during an active-duty military deployment outside of the permittee’s county or city of residence, such permit shall remain valid for 90 days after the end date of the deployment. In order to establish proof of continued validity of the permit, such a permittee shall carry with him and display, upon request of a law-enforcement officer, a copy of the permittee’s deployment orders or other documentation from the permittee’s commanding officer that order the permittee to travel outside of his county or city of residence and that indicate the start and end date of such deployment.

If Your Application is Denied

Any order denying issuance of the permit shall state the basis for the denial of the permit and the applicant’s right to and the requirements for perfecting an appeal of such order.

Upon denial of the application, the clerk shall provide the person with notice, in writing, of his right to an ore tenus hearing. Upon request of the applicant made within 21 days, the court shall place the matter on the docket for an ore tenus hearing. The applicant may be represented by counsel, but counsel shall not be appointed, and the rules of evidence shall apply. The final order of the court shall include the court’s findings of fact and conclusions of law.

Any person denied a permit to carry a concealed handgun may present a petition for review to the Court of Appeals. The petition for review shall be filed within 60-days of the expiration of the time for requesting an ore tenus hearing pursuant to subsection I of § 18.2-308, or if an ore tenus hearing is requested, within sixty days of the entry of the final order of the circuit court following the hearing. The petition shall be accompanied by a copy of the original papers filed in the circuit court, including a copy of the order of the circuit court denying the permit. Subject to the provisions of § 17.1-410 B, the decision of the Court of Appeals or judge shall be final. Notwithstanding any other provision of law, if the decision to deny the permit is reversed upon appeal, taxable costs incurred by the person shall be paid by the Commonwealth.

A Permit is Not Necessary in the Following Circumstances:

Any person while in his own place of abode or the curtilage thereof.

Persons Not Qualified to Obtain a Permit:

Change of Address

The clerk of a circuit court that issued a valid concealed handgun permit shall, upon presentation of the valid permit and proof of a new address of residence by the permit holder, issue a replacement permit specifying the permit holder’s new address. The total amount assessed for processing a replacement permit due to a change of address shall not exceed $10, with such fees to be paid in one sum to the person who accepts the information for the replacement permit.

Revocation, Suspension, or Surrender of Permit

Any person who has a felony charge pending or a charge pending for an offense that would be a disqualification for a permit who holds a concealed handgun permit may have such permit suspended by the court before which the charge is pending.

Any person convicted of an offense that would disqualify that person from obtaining a permit or who makes a false statement in an application shall forfeit his permit to the court, or shall be subject to suspension or revocation of the permit.

Any person with a concealed handgun permit shall be prohibited from carrying any concealed firearm, and shall surrender his or her permit to the court entering the order for the duration of any protective order pursuant to § 18.2-308.1:4.

Any person granted a concealed handgun permit who is under the influence of alcohol or illegal drugs while carrying such weapon in a public place shall be guilty of a Class 1 misdemeanor.

Where Unlawful to Carry

§18.2-308 (J.3.): No person who carries a concealed handgun onto the premises of any restaurant or club as defined in § 4.1-100 for which a license to sell and serve alcoholic beverages for on-premises consumption has been granted by the Virginia Alcoholic Beverage Control Board under Title 4.1 of the Code of Virginia; may consume an alcoholic beverage while on the premises. A person who carries a concealed handgun onto the premises of such a restaurant or club and consumes alcoholic beverages is guilty of a Class 2 misdemeanor. However, nothing in this subsection shall apply to a federal, state, or local law-enforcement officer.

§18.2-308 (O.): Private property when prohibited by the owner of the property, or where posted as prohibited.

§18.2-283: To a place of worship while a meeting for religious purposes is being held at such place, without good and sufficient reason.

§18.2-283.1: Courthouse.

§18.2-308.1: School property. Exemptions to this statute include a person who has a valid concealed handgun permit and possesses a concealed handgun while in a motor vehicle in a parking lot, traffic circle, or other means of vehicular ingress or egress to the school.

§18.2-287.01: Carrying weapon in air carrier airport terminal.

Full Code of Virginia (Content Source is the Legislative Information System, Gener Assembly of VA)

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308

http://leg1.state.va.us/000/src.htm

§ 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.

Except as provided in subsection J1, this section shall not apply to: