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Virginia statute

Va. Code Ann. § 18.2-308 — Carrying concealed weapons; exceptions; penalty

Current through 2026 Regular Session

Part of Article 6.1: Concealed Weapons and Concealed Handgun Permits, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-308

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 18.2-308Primary source, current through the 2026 Regular Session
A. If any person carries about his person, hidden from common observation, (i) 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; (ii) any dirk, bowie knife, stiletto knife, ballistic knife, machete, razor, sling bow, spring stick, metal knucks, or blackjack; (iii) 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; (iv) 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 (v) any weapon of like kind as those enumerated in this subsection, he is guilty of a Class 1 misdemeanor. A second violation of this section or a conviction under this section subsequent to any conviction under any substantially similar ordinance of any county, city, or town shall be punishable as a Class 6 felony, and a third or subsequent such violation shall be punishable as a Class 5 felony. For the purpose of this section, 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. It shall be an affirmative defense to a violation of clause (i) regarding a handgun, that a person had been issued, at the time of the offense, a valid concealed handgun permit. B. This section shall not apply to any person while in his own place of abode or the curtilage thereof. C. Except as provided in subsection A of § 18.2-308.012 , this section shall not apply to: 1. Any person while in his own place of business; 2. Any law-enforcement officer, or retired law-enforcement officer pursuant to § 18.2-308.016 , wherever such law-enforcement officer may travel in the Commonwealth; 3. Any person who is at, or going to or from, an established shooting range, provided that the weapons are unloaded and securely wrapped while being transported; 4. Any regularly enrolled member of a weapons collecting organization who is at, or going to or from, a bona fide weapons exhibition, provided that the weapons are unloaded and securely wrapped while being transported; 5. 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; 6. Any person actually engaged in lawful hunting, as authorized by the Board of Wildlife Resources, under inclement weather conditions necessitating temporary protection of his firearm from those conditions, provided that possession of a handgun while engaged in lawful hunting shall not be construed as hunting with a handgun if the person hunting is carrying a valid concealed handgun permit; 7. Any attorney for the Commonwealth or assistant attorney for the Commonwealth, wherever such attorney may travel in the Commonwealth; 8. Any person who may lawfully possess a firearm and is carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel; 9. Any enrolled participant of a firearms training course who is at, or going to or from, a training location, provided that the weapons are unloaded and securely wrapped while being transported; and 10. Any judge or justice of the Commonwealth, wherever such judge or justice may travel in the Commonwealth. D. This section shall also not apply to any of the following individuals while in the discharge of their official duties, or while in transit to or from such duties: 1. Carriers of the United States mail; 2. Officers or guards of any state correctional institution; 3. Conservators of the peace, except that a judge or justice of the Commonwealth, an attorney for the Commonwealth, or an assistant attorney for the Commonwealth may carry a concealed handgun pursuant to subdivisions C 7 and 10. However, the following conservators of the peace shall not be permitted to carry a concealed handgun without obtaining a permit as provided in this article: (i) notaries public; (ii) registrars; (iii) drivers, operators, or other persons in charge of any motor vehicle carrier of passengers for hire; or (iv) commissioners in chancery; and 4. Noncustodial employees of the Department of Corrections designated to carry weapons by the Director of the Department of Corrections pursuant to § 53.1-29 .

Official sources

Legal terms used in this section

Questions this section answers

Is carrying concealed weapons a felony or a misdemeanor in Virginia?

It depends on the circumstances: carrying concealed weapons ranges from a class 1 misdemeanor to a class 5 felony in Virginia under Va. Code Ann. § 18.2-308.

Carrying concealed weapon — first offense: class 1 misdemeanor (Va. Code Ann. § 18.2-308A) · Carrying concealed weapon — second offense: class 6 felony (Va. Code Ann. § 18.2-308A) · Carrying concealed weapon — third or subsequent offense: class 5 felony (Va. Code Ann. § 18.2-308A)

Which Virginia statute covers carrying concealed weapons?

Carrying concealed weapons is governed by Va. Code Ann. § 18.2-308 (Carrying concealed weapons; exceptions; penalty).

Is possession of firearm, stun weapon, or other weapon on school property prohibited a felony or a misdemeanor in Virginia?

It depends on the circumstances: possession of firearm, stun weapon, or other weapon on school property prohibited ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-308.1.

Possession of stun weapon, knife, or other weapon on school property: class 1 misdemeanor (Va. Code Ann. § 18.2-308.1A) · Possession of firearm on school property: class 6 felony (Va. Code Ann. § 18.2-308.1B) · Possession of firearm in school building with intent to use or display in threatening manner: class 6 felony (Va. Code Ann. § 18.2-308.1C)

Is possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons a felony or a misdemeanor in Virginia?

Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons is a class 6 felony in Virginia under Va. Code Ann. § 18.2-308.2.

Possession/transportation of firearm, ammunition, stun weapon, or explosive material by a convicted felon or qualifying juvenile adjudicated delinquent: class 6 felony (Va. Code Ann. § 18.2-308.2A)

Is prohibited conduct a felony or a misdemeanor in Virginia?

It depends on the circumstances: prohibited conduct ranges from a class 2 misdemeanor to a class 1 misdemeanor in Virginia under Va. Code Ann. § 18.2-308.012.

Carrying concealed handgun while under the influence: class 1 misdemeanor (Va. Code Ann. § 18.2-308.012A) · Consuming alcohol while carrying concealed handgun in licensed restaurant or club: class 2 misdemeanor (Va. Code Ann. § 18.2-308.012B)

This reference is informational and is not legal advice.