VApermit

OVERVIEW OF VIRGINIA’S
CONCEALED CARRY PERMIT PROCESS

By Tom Crawford
Copyright 2012 By The Author

The Commonwealth of Virginia does not require any permit to merely own or transport firearms, nor is
there any form of standard firearms registration in Virginia. This puzzles many people who have
purchased firearms from dealers; since they filled out several forms and think that they are “registering”
their firearms. Virginia does not allow any local government to register standard firearms out of concern
for the privacy of individual gun owners, although it does allow for machine gun registration.

In fact, the information provided by the purchaser is retained in the dealer’s possession, available only to
law enforcement officials who are engaged in a bona fide criminal investigation. The one document copy
that is provided to the Virginia State Police does not contain information on specifically what was
purchased by make or serial number. This form merely shows that a criminal background check was
conducted, and that the Firearms Transaction Program generated an approval code. The Virginia State
Police destroy their copy of this form, known as an SP-65 after 30 days have passed. For this reason, it is
imperative that every Virginia firearm owner maintains a secure, private and independent record of the
firearms they own, by make and serial number in case of loss or theft. In short, if you don’t know what you
had, no one else does either.

There really isn’t even a permit necessary to carry a gun; this is considered your right as a law-abiding
Virginian, assuming there is no legal prohibition against you possessing a firearm on other grounds.
Technically, a firearm carried in plain view in Virginia is lawful, assuming that the individual in question may
possess firearms, and that there are no legal prohibitions to carrying a firearm in the particular place in
question. Some have said, “You can walk down the center of Main Street with a gun, and if it’s in plain
view, that’s legal!” Well, that may be technically true, but you really don’t want to try this, especially in a
major population center in Virginia. At the very least, you’re going to have a negative interaction with law
enforcement personnel, who will respond when some panicked citizen makes the inevitable call about a
“man with a gun.” They may lock you up for disturbing the peace, disorderly conduct, or some other
charge thereby teaching you a valuable life lesson on being polite and discreet. No matter what the
charge, the handcuffs feel the same.

Generally speaking, the so-called “open carry rules” in Virginia boil down to allowing the carry of a
handgun for self-defense in plain sight on the car seat or dashboard in most places in the
Commonwealth. This system isn’t perfect, and your arrest and criminal conviction for a firearms violation
could come down to a disagreement with an officer over whether or not your gun was actually in “plain
sight.” By the way, you may carry a concealed handgun on your own property (home or business) without
a permit of any kind in Virginia. Please note that some rural areas of Virginia are much more accepting of
“open carry” than more urban localities.

Generally, you’re going to need a permit if you want to have a handgun accessible for self-defense but
hidden from view when away from your own property. What we have in Virginia is a permit to conceal, not
really a permit to carry a gun (that’s your right as we’ve already discussed). A concealed handgun in the
Commonwealth is one that is “hidden from common observation on or about the person.” In short, this
means that if the public can’t see it, and you can reach it (even if not actually on your person), it’s a
concealed weapon and requires a permit. Examples of “on or about the person” would include in your
unlocked glove compartment, in your briefcase or purse, under your car seat, or obviously, under your
coat. Virtually everything in the cockpit of your car has been ruled by Virginia courts to be “on or about
your person”, so in effect you’re going to need to get a permit to hide a gun in your car while you travel.

These permits used to be called “concealed weapons permits”, since there are a whole bunch of weapons
that can’t be carried concealed without special permission, as outlined in the Code of Virginia, Section
18.2-308. However, due to a change in our law in 1995, permits can now only be issued for handguns,
while the other types of weapons outlined remain illegal to carry concealed. If you really feel the need to
carry a big knife, brass knuckles, a spring stick, or oriental throwing stars and darts concealed, you’re
going to be disappointed. Sorry, permits are now for handguns only. By the way, on the issue of carrying
knives concealed, knives with blade lengths of three inches or less are generally considered tools and not
weapons here depending on the type of knife. Larger knives would need to be carried in plain view.

Code Section 18.2-308 sets out the conditions under which handguns may be carried concealed, the
permit issuance process, how long a locality may take to issue a permit (45 days), reasons for denial, and
the maximum amount they can charge for a permit ($50). It spells out the training requirements that a
locality may impose, and how a Virginian might meet such requirements. It also sets the term of these
permits at five years, and demands that they be honored statewide. Holders of Virginia Concealed Carry
permits are exempt from the “one handgun per month” purchase limitation placed on other Virginians.
Other sections of Virginia law prohibit localities from making or enforcing ordinances that prohibit
concealed carry by permit holders, or from enforcing “no loaded guns on the road” rules against permit
holders carrying concealed handguns for defense.

This section also clearly outlines the penalties for carrying a concealed handgun without a permit, which
can be severe. First offense convictions are Class One misdemeanors, but don’t think for a minute that
they’re not serious. In fact, you can get up to twelve months in jail and a $2,500 fine for your first offense
if found illegally carrying a concealed handgun in the absence of a permit. You will also lose the gun in
question. Future convictions are felonies, which would effectively serve to prohibit you from ever owning a
firearm again. Since getting a permit in Virginia has been pretty easy for about fifteen years now, nobody
in law enforcement is inclined to cut you any slack anymore if you are found carrying a concealed
handgun without a permit. Even if you are able to cut a deal rather than be convicted, the experience will
be expensive and unpleasant. It really doesn’t make much sense to be without a permit in Virginia if you
have a handgun in your life.

So now that we know what the permit is for, how does one go about getting one? Well, your first step is
normally to take a concealed handgun permit training course, taught by a competent and certified
instructor. Competent and certified are not always synonymous. There are lots of people out there who
have the necessary certifications to teach a Virginia permit course, and most are competent on firearms
safety and operation, but only a few really understand how concealed handguns are actually used against
criminals, the real story on self-defense law, and all the rules that govern concealed carry. Generally,
“hobbyist” instructors, those who don’t teach for a living, and who may not actually carry concealed
handguns on a daily basis, are not fully competent to present such classes. There are more of these
“instructors” out there than competent teachers. Ask for recommendations from your local firearms
retailer, or a referral from your police or sheriff’s department or court system, or from a friend who has
already been to class.

Be aware that many law enforcement officers, gunsmiths, or gun club officers do not have the necessary
certification to teach courses under Virginia law, but some do. (Some of these guys are unaware that a
special certification is needed, and will offer to “teach” you.) Before selecting a course, be sure to ask for
the instructor’s certifications, including identification numbers, and feel free to check them out for
legitimacy with the instructor certifying organization. Many so-called “instructors” have expired
certifications, or never had them in the first place. Don’t waste your time with an instructor who doesn’t
already have a regular schedule of courses, or who tells you that he’ll call when he gets enough people to
do a class. If he were any good, he’d already have a student base and a schedule prepared. Don’t be
afraid to ask for references from previous students. Make sure that when you successfully complete the
course, you’ll get a certificate before you leave the classroom. Some instructors are notoriously bad on
doing paperwork in a timely fashion. If you don’t get it in class, you’ll probably never get it. Make sure the
organization you train with has a system in place to answer questions after class is over at any time you
have them. Professional trainers don’t want you out in the community with a loaded gun and an
unanswered question.

You may know someone who got a Virginia permit without taking a course of any kind. They may have
been approved for a permit based on having been in the military, or having taken a Hunter Education
course. Virginia law on training for permits is loosely written to allow maximum flexibility in acceptance of
prior training. Localities don’t even have to require training, although most do. Most localities will accept
your application with no training, a hunting course, or a military record, but many will not actually issue the
permit based on these types of “training”. Unfortunately, they only tell you this after you’ve been turned
down, and you have to pay another fifty bucks and wait another 45 days. Wouldn’t it be simpler to take a
course specifically designed to meet the requirements? These courses, when taught by certified
instructors are universally accepted in Virginia.

While there is no doubt that military experience can teach much about certain types of firearms, as can
Hunter Safety courses, do you really think that those people have learned anything in their training about
the use of handguns against criminals, or about civilian self-defense law? Certainly, they have not. This
is a lot like giving someone a driver’s license who has never learned what the painted lines on the road
mean, simply because they once took a course in automotive mechanics. Clearly, the responsible citizen
takes a course designed to specifically acquaint them with the rules, as well as the guns, even if not
specifically required to do so.

Since July of 2009, the Code of Virginia was amended to make online firearms safety training acceptable
as a matter of law for those wishing to get a concealed handgun permit. Generally inexpensive, these
programs usually feature a video presentation on gun safety only which may be viewed, and then the
“student” takes an online test, which often can be repeated until the participant gets enough answers right
to pass. Then a certificate is generated from the student's own printer. I've actually paid for and taken a
couple of these. The gun safety material is universally of high quality, but that is as far as most of these
courses go. As you know by now if you have read this far, gun safety is just a tiny slice of what you need
to know to get started carrying a handgun for self-protection. Overall, while I am not opposed to any
education that helps people be safer with guns, this route for “training” would not be my first choice unless
you live on a mountain-top, and have internet but just cannot get down the slope long enough to take a
real class with a live instructor.

Note- PPI now offers a computer-based "permit course". This is quite different from the animated
"gun safety shows" you often see advertised. In our programs, you watch video of an actual Master
Instructor, teaching the exact same material as you would get in live training, and you take a test at
the end to verify that you actually participated. In addition, you are given access to a live instructor
for questions by e-mail or phone. It is true that this approach takes a bit longer than watching a 30
minute cartoon on gun safety, but we think you get more from the experience, and at least you can
do it in the privacy of your own home!

So now you’ve taken the course, and have your training certificate. What next? Well, gather up your
identification (normally a driver’s license or DMV identification card that bears your correct address), and a
little information about yourself. This information will be your height, weight, hair and eye color,
descriptions of any identifying visible scars, etc. You’ll need your Social Security number, your date of
birth, and your addresses for the last five years. You’ll also need your checkbook, or a money order,
since many localities will not accept cash for permit fees. Make a copy of your training certificate, since
you’ll be submitting it with your application while you keep the original. Some counties have special
requirements, like provision of a self-addressed, stamped envelope or copies of military discharge
papers. Determine any special requirements such as this by contacting the Clerk of the Circuit Court, in
your city or county of residence. Although the application may actually be accepted by the police or sheriff’
s department, the Circuit Court is always the issuing authority and the Clerk’s office can answer your
questions about where to go, and what to bring with you.

When ready to apply, report to the designated location to get your application, or you can use the
downloadable version from the Virginia State Police website at www.vsp.state.va.us . If you took your class
with us, we gave you a copy and you can use that one. In most cases, if you’ve thought about it in
advance and brought your certificate copy, you can fill out the application while you are there and turn it
in. If you have any criminal convictions in your past other than traffic offenses (driving under the influence
of alcohol is not a traffic offense), be prepared to list them along with the month and year they occurred as
well as the jurisdiction. The court will make a determination as to whether or not they disqualify you from
receiving a permit, but you must list them all. Prior to accepting your application, the county or city
personnel will normally ask that you be fingerprinted, and direct you to the location where this will take
place. Some localities do not fingerprint at all, but most do. After fingerprinting, the completed application
is signed (normally in the presence of a deputy clerk or other Notary Public and notarized), and submitted
with the fingerprint cards (if required), the copy of your training certificate, and your check or money order
for the required fees. Your part of the permit process is over when these items have been submitted. You
should make a note of the date and time, and the name of the person who accepts these materials from
you. Please be aware that merely filing the permit application does not allow you to carry a concealed
handgun. You must wait until the permit is actually issued. The only exception to this is that effective July
1, 2007, if the locality exceeds 45 days to process your application, you can ask for a certified copy of
your application to use as a “temporary permit” while you wait.

After about 45 days, you may receive an envelope from the court, which normally contains your permit, or
instructions on when and where to pick it up in person. Often this takes a few days longer than the 45-day
limit, but there is very little you can do about this. Sometimes notification takes the form of a telephone call
as well as a letter. Open this envelope at once. There is a slim chance that you will find a letter telling you
that you’ve been denied a permit. This letter will normally give contact information where you can receive
specific information on reasons for the denial. Don’t panic. Most of these letters are generated because
there is an omission on your application, or a question that can be cleared up immediately, then the permit
will be issued. However, you must contact the court within 21 days of the postmark date on the letter
should you want to pursue your permit. After that time has passed, the application has been discarded,
and your only option is to reapply and pay new fees.

Once you have your permit, take a moment to check that the information on its face is correct, and that
the issue date and expiration date are five years apart. Copy the permit to keep in a safe place, but the
original must be carried on your person when you have your weapon with you. Most of us have simply
laminated the permit so that it doesn’t get torn up. Should you physically lose your permit, the dog eats it,
or it goes through the wash, you can get a duplicate for a nominal fee from the court, but only if you have
the file or docket number that appears on the permit. This is another good reason to keep a copy in a
safe place.

By the way, no one is going to send you a renewal notice when your permit is about to expire. You will
need to reapply on your own, about sixty days in advance of the expiration date to insure that you have
your new permit before the old one expires. If you have moved to another city or county in the meantime,
your next application will be filed in the new jurisdiction. Effective July 1, 2007, there is no fingerprinting
anymore on renewal applications. The only thing you need do to update your permit records when you
move is to notify the Department of Motor Vehicles within 30 days, so that the address on your driver’s
license can be updated. However, if you want your new address to be shown on your permit, which is often
useful, you can take your permit with proof of your new address to the clerk of the Circuit Court which
issued th permit, and pay a maximu of $10 and they will issue a permit with your corrected new address on
it. By the way, your permit is not valid unless carried with your Virginia Driver’s License or DMV
Identification card, a military ID or your passport. That’s all there is to it. As long as you keep a permit in
force, you don’t need to attend another training class when you reapply.

There is much more to the administrative rules and regulations on concealed carry in Virginia, which will
be covered in your training course if taught by competent instructors. You should learn when and where
you may carry weapons (there are still some restrictions, even if you have a permit), how to notify police
officers when you are carrying your gun at a traffic stop, what other states honor your Virginia permit when
you are traveling within their borders, and even air travel with handguns (yes, it’s legal if you follow the
rules). But, hopefully, this overview of the process in our state will help demystify getting your permit,
which is actually easier than it sounds.

On a final note, each year we talk with dozens of our students who have taken a class, but have not
actually followed through and applied for their permits. When they contact us, it is because they have
been discovered carrying a concealed handgun without the permit they had been intending to get, but
never did. They generally are looking for a quick way to get the permit before their court date on the
weapons offense. There is none, and they are in serious legal trouble that will at least be expensive, and
may involve imprisonment. Others contact us because they never got the permit, and now their life has
changed. These people are often women being stalked by men, or men who’ve been threatened
seriously. They are looking for an “expedited” permit process because of the serious threat they now
face. Unfortunately, no such process realistically exists, and they are at least 45 days away from being
able to legally go armed. When either group is asked why they waited to get a permit, most say, “I never
really thought I’d ever have to carry my gun”. Obviously, things change for us all, often without warning.
The best time to apply for your permit is immediately on completion of your class, while the issue is still
fresh in your mind.