Current Virginia Firearm Laws: What Residents Should Know
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed May 1, 2026
Legal Inquiry
Consumer Legal Issue
I need information about new firearm laws.
I need general information on all the new laws, and I need the information for personal reason.
Attorney Answer
"All the new laws" isn't specific enough to answer directly, but here is an overview of current Virginia firearms law, and identifying whether you're asking about purchasing, carrying, or storage would allow more tailored guidance.
Virginia law addresses firearm transfers through background checks. Under Va. Code § 18.2-308.2:2, a licensed dealer must obtain a Virginia State Police criminal history check on a buyer before selling or transferring a firearm, subject to certain exemptions; a related statute extends this background-check requirement to private sales as well. Separately, Virginia has an emergency substantial risk order ("red flag") process under Va. Code § 19.2-152.13, allowing a judge or magistrate, on petition from a prosecutor or law-enforcement officer supported by probable cause that a person poses a substantial risk of injury to themselves or others, to issue an order temporarily barring that person from purchasing, possessing, or transporting firearms.
What you can do:
1. Identify which area matters most to you — purchasing, carrying, or storage — so guidance can be narrowed to that topic.
2. If you're buying or selling a firearm privately, confirm whether the background-check requirement applies to your transaction.
3. If a substantial risk order might apply to your situation, review that process separately, since it involves court procedure.
4. Consult a local attorney before acting on any specific transaction or situation, since firearm law details can change and vary by circumstance.
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Courts & Legal Aid in Virginia
- File or look up a case through the Virginia Judicial System, which serves the state.
- Get free civil legal help from Virginia Legal Aid.
- Use the LSC — Find Legal Aid to find a local legal-aid office by ZIP code.
- Use the LawHelp.org to browse free legal information and self-help resources.
- Use the ABA Lawyer Referral Directory to get matched with a local attorney through your state bar.
Frequently Asked Questions
Do background checks apply to all firearm sales, including between private parties?
In many states, background check requirements apply to licensed dealer sales and can extend to certain private sales as well, subject to specific exemptions.
What is a red flag or risk protection order?
Generally, this is a court process allowing a judge to temporarily bar someone found to pose a safety risk from purchasing or possessing firearms.
Where can someone get guidance on a specific firearm purchase or transfer?
Because firearm laws vary and change over time, consulting a local attorney about a specific transaction is generally recommended.
