Virginia Law

Article 4. Dangerous Use of Firearms or Other Weapons.

If any person maliciously discharges a firearm within any building when occupied by one or more persons in such a manner as to endanger the life or lives of such person or persons, or maliciously shoots at, or maliciously throws any missile at or against any dwelling house or other building when occupied by one or more persons, whereby the life or lives of any such person or persons may be put in peril, the person so offending is guilty of a Class 4 felony. In the event of the death of any person, resulting from such malicious shooting or throwing, the person so offending is guilty of murder in the second degree. However, if the homicide is willful, deliberate and premeditated, he is guilty of murder in the first degree.

If any such act be done unlawfully, but not maliciously, the person so offending is guilty of a Class 6 felony; and, in the event of the death of any person resulting from such unlawful shooting or throwing, the person so offending is guilty of involuntary manslaughter. If any person willfully discharges a firearm within or shoots at any school building whether occupied or not, he is guilty of a Class 4 felony.

Code 1950, §§ 18.1-66, 18.1-152; 1960, c. 358; 1975, cc. 14, 15; 1992, c. 738; 2005, c. 143.

A. If any person willfully discharges or causes to be discharged any firearm in any street in a city or town, or in any place of public business or place of public gathering, and such conduct results in bodily injury to another person, he shall be guilty of a Class 6 felony. If such conduct does not result in bodily injury to another person, he shall be guilty of a Class 1 misdemeanor.

B. If any person willfully discharges or causes to be discharged any firearm upon the buildings and grounds of any public, private or religious elementary, middle or high school, he shall be guilty of a Class 4 felony, unless he is engaged in a program or curriculum sponsored by or conducted with permission of a public, private or religious school.

C. If any person willfully discharges or causes to be discharged any firearm upon any public property within 1,000 feet of the property line of any public, private or religious elementary, middle or high school property he shall be guilty of a Class 4 felony, unless he is engaged in lawful hunting.

D. This section shall not apply to any law-enforcement officer in the performance of his official duties nor to any other person whose said willful act is otherwise justifiable or excusable at law in the protection of his life or property, or is otherwise specifically authorized by law.

E. Nothing in this statute shall preclude the Commonwealth from electing to prosecute under any other applicable provision of law instead of this section.

Code 1950, § 18.1-69; 1960, c. 358; 1975, cc. 14, 15; 1992, c. 735; 1999, c. 996; 2001, c. 712; 2005, c. 928.

It shall be unlawful for any person to set or fix in any manner any firearm or other deadly weapon so that it may be discharged or activated by a person coming in contact therewith or with any string, wire, spring, or any other contrivance attached thereto or designed to activate such weapon remotely. Any person violating this section shall be guilty of a Class 6 felony.

Code 1950, § 18.1-69.1; 1966, c. 422; 1975, cc. 14, 15.

A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.

B. Any police officer in the performance of his duty, in making an arrest under the provisions of this section, shall not be civilly liable in damages for injuries or death resulting to the person being arrested if he had reason to believe that the person being arrested was pointing, holding, or brandishing such firearm or air or gas operated weapon, or object that was similar in appearance, with intent to induce fear in the mind of another.

C. For purposes of this section, the word "firearm" means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material. The word "ammunition," as used herein, shall mean a cartridge, pellet, ball, missile or projectile adapted for use in a firearm.

Code 1950, § 18.1-69.2; 1968, c. 513; 1975, cc. 14, 15; 1990, cc. 588, 599; 1992, c. 735; 2003, c. 976; 2005, c. 928.

It shall be unlawful for any person to point, hold, or brandish a machete or any weapon, with an exposed blade 12 inches or longer, with the intent of intimidating any person or group of persons and in a manner that reasonably demonstrates that intent. This section shall not apply to any person engaged in excusable or justifiable self-defense. A person who violates this section is guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private, or religious elementary, middle, or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he is guilty of a Class 6 felony.

2006, cc. 844, 895.

If any person carry any gun, pistol, bowie knife, dagger or other dangerous weapon, without good and sufficient reason, to a place of worship while a meeting for religious purposes is being held at such place he shall be guilty of a Class 4 misdemeanor.

Code 1950, § 18.1-241; 1960, c. 358; 1962, c. 411; 1975, cc. 14, 15.

It is unlawful for any person to possess in or transport into any courthouse in this Commonwealth any (i) gun or other weapon designed or intended to propel a missile or projectile of any kind; (ii) frame, receiver, muffler, silencer, missile, projectile, or ammunition designed for use with a dangerous weapon; or (iii) other dangerous weapon, including explosives, stun weapons as defined in § 18.2-308.1, and those weapons specified in subsection A of § 18.2-308. Any such weapon shall be subject to seizure by a law-enforcement officer. A violation of this section is punishable as a Class 1 misdemeanor.

The provisions of this section shall not apply to any police officer, sheriff, law-enforcement agent or official, conservation police officer, conservator of the peace, magistrate, court officer, judge, city or county treasurer, or commissioner or deputy commissioner of the Virginia Workers' Compensation Commission while in the conduct of such person's official duties.

1988, c. 615; 2004, c. 995; 2007, cc. 87, 519; 2012, c. 295; 2017, c. 761.

A. For the purposes of this section, "Capitol Square and the surrounding area" means the grounds, land, real property, and improvements in the City of Richmond bounded by Bank, Governor, Broad, and Ninth Streets, and the sidewalks of Bank Street extending from 50 feet west of the Pocahontas Building entrance to 50 feet east of the entrance of the Capitol of Virginia.

B. It is unlawful for any person to carry any firearm as defined in § 18.2-308.2:2 or explosive material as defined in § 18.2-308.2 within (i) the Capitol of Virginia; (ii) Capitol Square and the surrounding area; (iii) any building owned or leased by the Commonwealth or any agency thereof; or (iv) any office where employees of the Commonwealth or any agency thereof are regularly present for the purpose of performing their official duties.

C. A violation of this section is punishable as a Class 1 misdemeanor. Any firearm or explosive material carried in violation of this section shall be subject to seizure by a law-enforcement officer and forfeited to the Commonwealth and disposed of as provided in § 19.2-386.28.

D. The provisions of this section shall not apply to the following while acting in the conduct of such person's official duties: (i) any law-enforcement officer as defined in § 9.1-101; (ii) any authorized security personnel; (iii) any active military personnel; (iv) any fire marshal appointed pursuant to § 27-30 when such fire marshal has police powers provided by § 27-34.2:1; or (v) any member of a cadet corps who is recognized by a public institution of higher education while such member is participating in an official ceremonial event for the Commonwealth.

E. The provisions of clause (ii) of subsection B shall not apply to (i) any State Police officer who is off-duty or (ii) any retired State Police officer who has participated in annual firearms training and has qualified to the standards required of active law-enforcement officers in the Commonwealth, in accordance with subsection C of § 18.2-308.016.

The provisions of clauses (iii) and (iv) of subsection B shall not apply to (a) any State Police officer who is off-duty; (b) any retired State Police officer who has participated in annual firearms training and has qualified to the standards required of active law-enforcement officers in the Commonwealth, in accordance with subsection C of § 18.2-308.016; (c) any retired law-enforcement officer who has participated in annual firearms training, has qualified pursuant to subsection C of § 18.2-308.016, and is visiting a gun range owned or leased by the Commonwealth; (d) any of the following employees authorized to carry a firearm while acting in the conduct of such employee's official duties: (1) a bail bondsman as defined in § 9.1-185, (2) an employee of the Department of Corrections or a state juvenile correctional facility, (3) an employee of the Department of Conservation and Recreation, or (4) an employee of the Department of Wildlife Resources; (e) any individual carrying a weapon into a courthouse who is exempt under § 18.2-283.1; (f) any individual within a building owned or operated by a public institution of higher education who possesses a weapon as part of such public institution of higher education's curriculum or activities as approved through the law-enforcement or public safety unit of the institution or as part of any organization authorized by such public institution of higher education to possess weapons, as approved through the law-enforcement or public safety unit of the institution, while conducting its programs or activities within such building; (g) any state park; or (h) any magistrate acting in the conduct of the magistrate's official duties.

F. Notice of the provisions of this section shall be posted conspicuously along the boundary of Capitol Square and the surrounding area and at the public entrance of each location listed in subsection B, and no person shall be convicted of an offense under subsection B if such notice is not posted at such public entrance, unless such person had actual notice of the prohibitions in subsection B.

2021, Sp. Sess. I, cc. 527, 548; 2023, c. 810; 2026, cc. 643, 644.

A. As used in this section:

"Developmental services" means the same as that term is defined in § 37.2-100.

"Hospital" means a public or private institution licensed pursuant to Chapter 5 (§ 32.1-123 et seq.) of Title 32.1 or Article 2 (§ 37.2-403 et seq.) of Chapter 4 of Title 37.2.

"Location-restricted knife" means a knife with a blade over three and one-half inches.

"Mental health services" means the same as that term is defined in § 37.2-100.

B. It is unlawful for any person to knowingly and intentionally possess a (i) firearm, (ii) location-restricted knife, or (iii) other dangerous weapon, including explosives and stun weapons as defined in § 18.2-308.1, in the building of any hospital that provides mental health services or developmental services in the Commonwealth, including an emergency department or other facility rendering emergency medical care. Any such firearm, knife, explosive, or weapon shall be subject to seizure by a law-enforcement officer and forfeited to the Commonwealth and disposed of as provided in § 19.2-386.28. A violation of this subsection is punishable as a Class 1 misdemeanor.

C. The provisions of subsection B shall not apply to (i) a person while in the actual discharge of his official duties as a police officer, sheriff, law-enforcement agent or official, officer or guard of any state correctional institution, or armed security officer; (ii) any person who has written authorization from the hospital, including authorization related to an employee's scope of employment; or (iii) any person brought into a hospital pursuant to the issuance of an emergency custody order or involuntary detention order under the provisions of Article 4 (§ 37.2-808 et seq.) of Chapter 8 of Title 37.2.

D. Notice of the provisions of this section shall be posted conspicuously at each public entrance of any hospital and no person shall be convicted of an offense under this section if such notice is not posted at each such public entrance, unless such person had actual notice of the prohibitions of this section.

2026, cc. 1108, 1109.

No person shall sell, barter, exchange, furnish, or dispose of by purchase, gift or in any other manner any toy gun, pistol, rifle or other toy firearm, if the same shall, by action of an explosion of a combustible material, discharge blank or ball charges. Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor. Each sale of any of the articles hereinbefore specified to any person shall constitute a separate offense.

Nothing in this section shall be construed as preventing the sale of what are commonly known as cap pistols.

Code 1950, § 18.1-347; 1960, c. 348; 1975, cc. 14, 15; 2003, c. 976.

It shall be unlawful for any person to hunt wildlife with a firearm, bow and arrow, slingbow, arrowgun, or crossbow in the Commonwealth while he is (i) under the influence of alcohol; (ii) under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree that impairs his ability to hunt with a firearm, bow and arrow, slingbow, arrowgun, or crossbow safely; or (iii) under the combined influence of alcohol and any drug or drugs to a degree that impairs his ability to hunt with a firearm, bow and arrow, slingbow, arrowgun, or crossbow safely. Any person who violates the provisions of this section is guilty of a Class 1 misdemeanor. Conservation police officers, sheriffs, and all other law-enforcement officers shall enforce the provisions of this section.

Code 1950, § 29-140.1; 1952, c. 96; 1962, c. 469; 1975, cc. 14, 15; 1999, c. 543; 2005, c. 507; 2017, c. 530; 2018, cc. 557, 558.

If any person discharges a firearm, crossbow, slingbow, arrowgun, or bow and arrow in or across any road, or within the right-of-way thereof, or in a street of any city or town, he shall, for each offense, be guilty of a Class 4 misdemeanor.

The provisions of this section shall not apply to firing ranges or shooting matches maintained, and supervised or approved, by law-enforcement officers and military personnel in performance of their lawful duties.

Code 1950, § 33.1-349; 1970, c. 322; 1975, cc. 14, 15; 1993, c. 322; 1994, c. 18; 2017, c. 530; 2018, cc. 557, 558.

Any person who, while in or on a motor vehicle, intentionally discharges a firearm so as to create the risk of injury or death to another person or thereby cause another person to have a reasonable apprehension of injury or death shall be guilty of a Class 5 felony. Nothing in this section shall apply to a law-enforcement officer in the performance of his duties.

1990, c. 951.

Repealed by Acts 2004, c. 462.

It shall be unlawful for any person to possess or transport into any air carrier airport terminal in the Commonwealth any (i) gun or other weapon designed or intended to propel a missile or projectile of any kind, (ii) frame, receiver, muffler, silencer, missile, projectile or ammunition designed for use with a dangerous weapon, and (iii) any other dangerous weapon, including explosives, stun weapons as defined in § 18.2-308.1, and those weapons specified in subsection A of § 18.2-308. Any such weapon shall be subject to seizure by a law-enforcement officer. A violation of this section is punishable as a Class 1 misdemeanor. Any weapon possessed or transported in violation of this section shall be forfeited to the Commonwealth and disposed of as provided in § 19.2-386.28.

The provisions of this section shall not apply to any police officer, sheriff, law-enforcement agent or official, conservation police officer, conservator of the peace employed by the air carrier airport, or retired law-enforcement officer qualified pursuant to subsection C of § 18.2-308.016, nor shall the provisions of this section apply to any passenger of an airline who, to the extent otherwise permitted by law, transports a lawful firearm, weapon, or ammunition into or out of an air carrier airport terminal for the sole purposes, respectively, of (i) presenting such firearm, weapon, or ammunition to U.S. Customs agents in advance of an international flight, in order to comply with federal law, (ii) checking such firearm, weapon, or ammunition with his luggage, or (iii) retrieving such firearm, weapon, or ammunition from the baggage claim area.

Any other statute, rule, regulation, or ordinance specifically addressing the possession or transportation of weapons in any airport in the Commonwealth shall be invalid, and this section shall control.

2004, c. 894; 2007, cc. 87, 519; 2013, c. 746; 2016, c. 257.

Repealed by Acts 2004, c. 462.

Repealed by Acts 1993, cc. 467, 494.

A. As used in this section:

"Assault firearm" means the same as that term is defined in § 18.2-308.2:2.

"Federal firearms licensee" means any person who is licensed pursuant to 18 U.S.C. § 923, as amended, as a federally licensed firearms dealer, importer, or manufacturer.

B. Any person who imports, sells, manufactures, purchases, or transfers an assault firearm is guilty of a Class 1 misdemeanor.

C. The provisions of this section shall not apply to (i) any government officer, agent, law-enforcement officer, employee, member of the Armed Forces of the United States, security personnel at a contracted defense facility as defined in § 18.2-121.3, or person authorized by the U.S. Nuclear Regulatory Commission, to the extent that such person is otherwise authorized to acquire or possess an assault firearm and does so while acting within the scope of his duties; (ii) the import of an assault firearm by any member of the Armed Forces of the United States, or his spouse, who possessed an assault firearm prior to being in the Commonwealth and is sent to the Commonwealth under lawful orders; (iii) the import, barter, manufacture, transfer, purchase, or sale of an assault firearm by a federal firearms licensee to another federal firearms licensee, persons authorized to purchase an assault weapon, any branch of the Armed Forces of the United States, senior military colleges in the Commonwealth organized under 10 U.S.C. § 2111a(f), or to a law-enforcement officer or agency for use by that agency or its employees; (iv) any member of a cadet corps who is recognized by a public institution of higher education while such member is in the performance of lawful military training or such member is participating in an official ceremonial event for the Commonwealth; (v) the sale of an assault firearm by a person who lawfully purchased and possessed such assault firearm prior to July 1, 2026, to a firearms dealer or to an individual outside of the Commonwealth who may lawfully possess such assault firearm; (vi) the temporary transfer of an assault firearm by a person who lawfully purchased and possessed such assault firearm prior to July 1, 2026, to a federal firearms licensee or gunsmith and the return of such assault firearm to its owner; (vii) the receipt of an assault firearm by inheritance, and possession of the inherited assault firearm if the decedent lawfully possessed such assault firearm prior to his death and the person inheriting such assault firearm is not prohibited from possessing firearms by state or federal law; (viii) an assault firearm temporarily loaned by a firing range operated by a federal firearms licensee for lawful use solely for target shooting or firearms training within the physical premises of the firing range; (ix) the import of an assault firearm by a person who lawfully purchased and possessed such assault firearm prior to July 1, 2026; or (x) the transfer of an assault weapon as a gift to an immediate family member if the transferor lawfully purchased and possessed the assault firearm prior to July 1, 2026, and the immediate family member to whom the assault firearm is transferred is not prohibited from possessing firearms under state or federal law. For the purposes of this subdivision, "immediate family member" means a spouse, children, parents, grandparents, and siblings.

2026, cc. 1106, 1107.

A. If a firearm is lost or stolen from a person who lawfully possessed it, then such person shall report the loss or theft to any local law-enforcement agency or the Department of State Police within 48 hours after such person discovers the loss or theft or is informed by a person with personal knowledge of the loss or theft. The law-enforcement agency shall enter such report information into the National Crime Information Center maintained by the Federal Bureau of Investigation. The provisions of this subsection shall not apply to the loss or theft of an antique firearm as defined in § 18.2-308.2:2.

B. A violation of this section is punishable by a civil penalty of not more than $250. The attorney for the county, city, or town in which an alleged violation of this section has occurred is authorized to enforce the provisions of this section and may bring an action to recover the civil penalty, which shall be paid into the local treasury.

C. No person who, in good faith, reports a lost or stolen firearm shall be held criminally or civilly liable for any damages from acts or omissions resulting from the loss or theft. This subsection shall not apply to any person who makes a report in violation of § 18.2-461.

2020, c. 743.

1990, c. 936; 1997, c. 311; 2026, Sp. Sess. I, c. 1.

Any person who, while committing a crime of violence as defined in § 18.2-288 (2) or a felony violation of § 18.2-248 or subdivision (a) 2 or 3 of § 18.2-248.1, has in his possession a firearm or knife and is wearing body armor designed to diminish the effect of the impact of a bullet or projectile shall be guilty of a Class 4 felony.

1990, c. 936; 1997, c. 311.

It is unlawful for any person to carry an assault firearm as defined in § 18.2-308.2:2 on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public.

The provisions of this section shall not apply to law-enforcement officers in the performance of their official duties, military personnel in the performance of their official duties, any member of a cadet corps who is recognized by a public institution of higher education while such member is in the performance of sanctioned military training or such member is participating in an official ceremonial event for the Commonwealth, or any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions of this section is guilty of a Class 1 misdemeanor.

The exemptions set forth in § 18.2-308 shall apply, mutatis mutandis, to the provisions of this section.

1991, c. 570; 1992, c. 790; 2003, c. 976; 2004, c. 995; 2005, c. 160; 2007, c. 813; 2016, c. 257; 2026, cc. 1025, 1101; 2026, Sp. Sess. I, c. 1.

It shall be unlawful for any person to carry a loaded (a) semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (b) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William.

The provisions of this section shall not apply to law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid concealed handgun permit or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

The exemptions set forth in §§ 18.2-308 and 18.2-308.016 shall apply, mutatis mutandis, to the provisions of this section.

1991, c. 570; 1992, c. 790; 2003, c. 976; 2004, c. 995; 2005, c. 160; 2007, c. 813; 2016, c. 257.