Virginia Gun Control Laws

The Second Amendment of the U.S. Constitution gives every adult citizen the right to bear arms. According to Article 1, citizens have the right to own guns and defend themselves.  However, individual localities have authority to have specific restrictions. Background checks are required at the time of purchase. After 10 days or a positive report, whichever comes first, the purchaser takes possession of the gun.

Carrying Guns and Possession Laws: Penalties & Regulations

Not all citizens have the right to possess a gun.  Although the laws on keeping a gun are not stringent in the state, some people cannot own a gun based on their experiences and actions.  For example, an individual diagnosed with a mental illness cannot have a gun.  Of course, people convicted of criminal acts have lost their Second Amendment rights.  Persons unlawfully possessing firearms face potential fines, incarceration, or both.  For instance:

• Anyone purchasing a gun for the explicit purpose of selling or giving it to an unqualified individual will receive a mandatory minimum 5 year prison term
• Felons in possession of a firearm face a class six felony, carrying a 12 month prison term and a $2500 fine
• Illegally carrying a concealed weapon is a class 1 misdemeanor.  The punishment is up to a year in jail and a $2500 fine

Requirements:

Virginia Gun Purchasing Laws

Persons under the age of 18 or a convicted felon may not purchase a gun.  Individuals with a dependency on alcohol or drugs have no Second Amendment rights. For most people, a criminal background check is required.  Gun acquisition is limited to one gun every 30 days, unless the purchaser has a permit. Virginia Residents may purchase a gun from any licensed dealer, even if they are out of state.

Penalties & Regulations for Illegal Purchases

For the person(s) that illegally purchase a handgun, regulations and penalties apply.  Both the buyer and the seller face potential fines and incarceration. For instance:

• Selling a gun to a minor is criminal offense
• Purchase or transportation of a firearm by a felon is a class 6 felony, punishable by a year in prison and a $2500 fine
• The purchase of a gun for the commission of a crime carries an additional sentence of 3-5 years in prison

Requirements:

Firing Handguns and Self Defense

Virginia allows residents to have guns on their property for the purpose of self-defense. People have the right to defend their homes, property, and persons.  However, it is not permissible to carry a gun into public area where others will be at risk.  For example, it is unlawful to bring a gun to:

• A business selling alcohol
• A place of worship
• Within a 1000 feet of school property, unless properly secured in the vehicle

Legal Help

Although the laws necessary to purchase and possess a gun are easy in the state of Virginia, the penalties for doing so illegally are very strict.  For persons facing gun charges, the services of a criminal attorney are essential.  The attorney has experience dealing with offenses related to:

• Concealed Weapons Laws
• Possession and Transportation of a Firearm by a Felon
• Display of a gun during the commission of a crime