{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-308.09.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-308.09.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-308.09.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-308.09.html"}],"law_id":85822,"edition_id":1,"section_id":85822,"structure_id":13122,"section_number":"18.2-308.09","catch_line":"Disqualifications for a concealed handgun permit","history":"2013, c. 746; 2014, cc. 674, 719; 2016, cc. 48, 49, 337; 2019, c. 203; 2020, cc. 150, 887, 888, 1173; 2021, Sp. Sess. I, cc. 550, 551, 555.","full_text":"The following persons shall be deemed disqualified from obtaining a permit:\n\n1\n\nAn individual who is ineligible to possess a firearm pursuant to § 18.2-308.1:1, 18.2-308.1:2, 18.2-308.1:3, 18.2-308.1:6, 18.2-308.1:7, or 18.2-308.1:8 or the substantially similar law of any other state or of the United States.2\n\nAn individual who was ineligible to possess a firearm pursuant to § 18.2-308.1:1 and who was discharged from the custody of the Commissioner pursuant to § 19.2-182.7 less than five years before the date of his application for a concealed handgun permit.3\n\nAn individual who was ineligible to possess a firearm pursuant to § 18.2-308.1:2 and whose competency or capacity was restored pursuant to § 64.2-2012 less than five years before the date of his application for a concealed handgun permit.4\n\nAn individual who was ineligible to possess a firearm under § 18.2-308.1:3 and who was released from commitment less than five years before the date of this application for a concealed handgun permit.5\n\nAn individual who is subject to a restraining order, or to a protective order and prohibited by § 18.2-308.1:4 from purchasing, possessing, or transporting a firearm.6\n\nAn individual who is prohibited by § 18.2-308.2 from possessing or transporting a firearm, except that a restoration order may be obtained in accordance with subsection C of that section.7\n\nAn individual who has been convicted of two or more misdemeanors within the five-year period immediately preceding the application, if one of the misdemeanors was a Class 1 misdemeanor, but the judge shall have the discretion to deny a permit for two or more misdemeanors that are not Class 1. Traffic infractions and misdemeanors set forth in Title 46.2 shall not be considered for purposes of this disqualification.8\n\nAn individual who is addicted to, or is an unlawful user or distributor of, marijuana, synthetic cannabinoids, or any controlled substance.9\n\nAn individual who has been convicted of a violation of § 18.2-266 or a substantially similar local ordinance, or of public drunkenness, or of a substantially similar offense under the laws of any other state, the District of Columbia, the United States, or its territories within the three-year period immediately preceding the application.10\n\nAn alien other than an alien lawfully admitted for permanent residence in the United States.11\n\nAn individual who has been discharged from the armed forces of the United States under dishonorable conditions.12\n\nAn individual who is a fugitive from justice.13\n\nAn individual who the court finds, by a preponderance of the evidence, based on specific acts by the applicant, is likely to use a weapon unlawfully or negligently to endanger others. The sheriff, chief of police, or attorney for the Commonwealth may submit to the court a sworn, written statement indicating that, in the opinion of such sheriff, chief of police, or attorney for the Commonwealth, based upon a disqualifying conviction or upon the specific acts set forth in the statement, the applicant is likely to use a weapon unlawfully or negligently to endanger others. The statement of the sheriff, chief of police, or the attorney for the Commonwealth shall be based upon personal knowledge of such individual or of a deputy sheriff, police officer, or assistant attorney for the Commonwealth of the specific acts, or upon a written statement made under oath before a notary public of a competent person having personal knowledge of the specific acts.14\n\nAn individual who has been convicted of any assault, assault and battery, sexual battery, discharging of a firearm in violation of § 18.2-280 or 18.2-286.1 or brandishing of a firearm in violation of § 18.2-282 within the three-year period immediately preceding the application.15\n\nAn individual who has been convicted of stalking.16\n\nAn individual whose previous convictions or adjudications of delinquency were based on an offense that would have been at the time of conviction a felony if committed by an adult under the laws of any state, the District of Columbia, the United States or its territories. For purposes of this disqualifier, only convictions occurring within 16 years following the later of the date of (i) the conviction or adjudication or (ii) release from any incarceration imposed upon such conviction or adjudication shall be deemed to be “previous convictions.” Disqualification under this subdivision shall not apply to an individual with previous adjudications of delinquency who has completed a term of service of no less than two years in the Armed Forces of the United States and, if such person has been discharged from the Armed Forces of the United States, received an honorable discharge.17\n\nAn individual who has a felony charge pending or a charge pending for an offense listed in subdivision 14 or 15.18\n\nAn individual who has received mental health treatment or substance abuse treatment in a residential setting within five years prior to the date of his application for a concealed handgun permit.19\n\nAn individual not otherwise ineligible pursuant to this article, who, within the three-year period immediately preceding the application for the permit, was found guilty of any criminal offense set forth in Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1, Article 1 (§ 18.2-247 et seq.), or former § 18.2-248.1:1 or of a criminal offense of illegal possession or distribution of marijuana, synthetic cannabinoids, or any controlled substance, under the laws of any state, the District of Columbia, or the United States or its territories.20\n\nAn individual, not otherwise ineligible pursuant to this article, with respect to whom, within the three-year period immediately preceding the application, upon a charge of any criminal offense set forth in Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1, Article 1 (§ 18.2-247 et seq.), or former § 18.2-248.1:1 or upon a charge of illegal possession or distribution of marijuana, synthetic cannabinoids, or any controlled substance under the laws of any state, the District of Columbia, or the United States or its territories, the trial court found that the facts of the case were sufficient for a finding of guilt and disposed of the case pursuant to § 18.2-251 or the substantially similar law of any other state, the District of Columbia, or the United States or its territories.","order_by":null,"text":{"0":{"id":307343,"text":"The following persons shall be deemed disqualified from obtaining a permit:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":307344,"text":"An individual who is ineligible to possess a firearm pursuant to § 18.2-308.1:1, 18.2-308.1:2, 18.2-308.1:3, 18.2-308.1:6, 18.2-308.1:7, or 18.2-308.1:8 or the substantially similar law of any other state or of the United States.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":307345,"text":"An individual who was ineligible to possess a firearm pursuant to § 18.2-308.1:1 and who was discharged from the custody of the Commissioner pursuant to § 19.2-182.7 less than five years before the date of his application for a concealed handgun permit.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":307346,"text":"An individual who was ineligible to possess a firearm pursuant to § 18.2-308.1:2 and whose competency or capacity was restored pursuant to § 64.2-2012 less than five years before the date of his application for a concealed handgun permit.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":307347,"text":"An individual who was ineligible to possess a firearm under § 18.2-308.1:3 and who was released from commitment less than five years before the date of this application for a concealed handgun permit.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":307348,"text":"An individual who is subject to a restraining order, or to a protective order and prohibited by § 18.2-308.1:4 from purchasing, possessing, or transporting a firearm.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":307349,"text":"An individual who is prohibited by § 18.2-308.2 from possessing or transporting a firearm, except that a restoration order may be obtained in accordance with subsection C of that section.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":307350,"text":"An individual who has been convicted of two or more misdemeanors within the five-year period immediately preceding the application, if one of the misdemeanors was a Class 1 misdemeanor, but the judge shall have the discretion to deny a permit for two or more misdemeanors that are not Class 1. Traffic infractions and misdemeanors set forth in Title 46.2 shall not be considered for purposes of this disqualification.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":307351,"text":"An individual who is addicted to, or is an unlawful user or distributor of, marijuana, synthetic cannabinoids, or any controlled substance.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":307352,"text":"An individual who has been convicted of a violation of § 18.2-266 or a substantially similar local ordinance, or of public drunkenness, or of a substantially similar offense under the laws of any other state, the District of Columbia, the United States, or its territories within the three-year period immediately preceding the application.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":307353,"text":"An alien other than an alien lawfully admitted for permanent residence in the United States.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":307354,"text":"An individual who has been discharged from the armed forces of the United States under dishonorable conditions.","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"12"},"12":{"id":307355,"text":"An individual who is a fugitive from justice.","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11","next_prefix":"13"},"13":{"id":307356,"text":"An individual who the court finds, by a preponderance of the evidence, based on specific acts by the applicant, is likely to use a weapon unlawfully or negligently to endanger others. The sheriff, chief of police, or attorney for the Commonwealth may submit to the court a sworn, written statement indicating that, in the opinion of such sheriff, chief of police, or attorney for the Commonwealth, based upon a disqualifying conviction or upon the specific acts set forth in the statement, the applicant is likely to use a weapon unlawfully or negligently to endanger others. The statement of the sheriff, chief of police, or the attorney for the Commonwealth shall be based upon personal knowledge of such individual or of a deputy sheriff, police officer, or assistant attorney for the Commonwealth of the specific acts, or upon a written statement made under oath before a notary public of a competent person having personal knowledge of the specific acts.","type":"section","prefixes":["13"],"prefix":"13","entire_prefix":"13","prefix_anchor":"13","level":1,"prior_prefix":"12","next_prefix":"14"},"14":{"id":307357,"text":"An individual who has been convicted of any assault, assault and battery, sexual battery, discharging of a firearm in violation of § 18.2-280 or 18.2-286.1 or brandishing of a firearm in violation of § 18.2-282 within the three-year period immediately preceding the application.","type":"section","prefixes":["14"],"prefix":"14","entire_prefix":"14","prefix_anchor":"14","level":1,"prior_prefix":"13","next_prefix":"15"},"15":{"id":307358,"text":"An individual who has been convicted of stalking.","type":"section","prefixes":["15"],"prefix":"15","entire_prefix":"15","prefix_anchor":"15","level":1,"prior_prefix":"14","next_prefix":"16"},"16":{"id":307359,"text":"An individual whose previous convictions or adjudications of delinquency were based on an offense that would have been at the time of conviction a felony if committed by an adult under the laws of any state, the District of Columbia, the United States or its territories. For purposes of this disqualifier, only convictions occurring within 16 years following the later of the date of (i) the conviction or adjudication or (ii) release from any incarceration imposed upon such conviction or adjudication shall be deemed to be “previous convictions.” Disqualification under this subdivision shall not apply to an individual with previous adjudications of delinquency who has completed a term of service of no less than two years in the Armed Forces of the United States and, if such person has been discharged from the Armed Forces of the United States, received an honorable discharge.","type":"section","prefixes":["16"],"prefix":"16","entire_prefix":"16","prefix_anchor":"16","level":1,"prior_prefix":"15","next_prefix":"17"},"17":{"id":307360,"text":"An individual who has a felony charge pending or a charge pending for an offense listed in subdivision 14 or 15.","type":"section","prefixes":["17"],"prefix":"17","entire_prefix":"17","prefix_anchor":"17","level":1,"prior_prefix":"16","next_prefix":"18"},"18":{"id":307361,"text":"An individual who has received mental health treatment or substance abuse treatment in a residential setting within five years prior to the date of his application for a concealed handgun permit.","type":"section","prefixes":["18"],"prefix":"18","entire_prefix":"18","prefix_anchor":"18","level":1,"prior_prefix":"17","next_prefix":"19"},"19":{"id":307362,"text":"An individual not otherwise ineligible pursuant to this article, who, within the three-year period immediately preceding the application for the permit, was found guilty of any criminal offense set forth in Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1, Article 1 (§ 18.2-247 et seq.), or former § 18.2-248.1:1 or of a criminal offense of illegal possession or distribution of marijuana, synthetic cannabinoids, or any controlled substance, under the laws of any state, the District of Columbia, or the United States or its territories.","type":"section","prefixes":["19"],"prefix":"19","entire_prefix":"19","prefix_anchor":"19","level":1,"prior_prefix":"18","next_prefix":"20"},"20":{"id":307363,"text":"An individual, not otherwise ineligible pursuant to this article, with respect to whom, within the three-year period immediately preceding the application, upon a charge of any criminal offense set forth in Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1, Article 1 (§ 18.2-247 et seq.), or former § 18.2-248.1:1 or upon a charge of illegal possession or distribution of marijuana, synthetic cannabinoids, or any controlled substance under the laws of any state, the District of Columbia, or the United States or its territories, the trial court found that the facts of the case were sufficient for a finding of guilt and disposed of the case pursuant to § 18.2-251 or the substantially similar law of any other state, the District of Columbia, or the United States or its territories.","type":"section","prefixes":["20"],"prefix":"20","entire_prefix":"20","prefix_anchor":"20","level":1,"prior_prefix":"19"}},"ancestry":[{"id":13122,"edition_id":1,"name":"Concealed Weapons and Concealed Handgun Permits","identifier":"6.1","label":"article","depth":3,"order_by":1,"parent_id":12973,"metadata":{},"date_created":"2026-06-26 03:44:18","date_modified":"2026-06-26 03:44:18","permalink":{"id":167119,"object_type":"structure","relational_id":13122,"identifier":"6.1","token":"18.2\/7\/6.1","url":"\/18.2\/7\/6.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12973,"edition_id":1,"name":"Crimes Involving Health and Safety","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":166501,"object_type":"structure","relational_id":12973,"identifier":"7","token":"18.2\/7","url":"\/18.2\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":85552,"structure_id":13122,"section_number":"18.2-307.1","catch_line":"Definitions","url":"\/18.2-307.1\/","token":"18.2\/7\/6.1\/18.2-307.1","metadata":false},{"id":56600,"structure_id":13122,"section_number":"18.2-308","catch_line":"Carrying concealed weapons; exceptions; penalty","url":"\/18.2-308\/","token":"18.2\/7\/6.1\/18.2-308","metadata":false},{"id":78687,"structure_id":13122,"section_number":"18.2-308.01","catch_line":"Carrying a concealed handgun with a permit","url":"\/18.2-308.01\/","token":"18.2\/7\/6.1\/18.2-308.01","metadata":false},{"id":57991,"structure_id":13122,"section_number":"18.2-308.010","catch_line":"Renewal of concealed handgun permit","url":"\/18.2-308.010\/","token":"18.2\/7\/6.1\/18.2-308.010","metadata":false},{"id":54818,"structure_id":13122,"section_number":"18.2-308.011","catch_line":"Replacement permits","url":"\/18.2-308.011\/","token":"18.2\/7\/6.1\/18.2-308.011","metadata":false},{"id":56622,"structure_id":13122,"section_number":"18.2-308.012","catch_line":"Prohibited conduct","url":"\/18.2-308.012\/","token":"18.2\/7\/6.1\/18.2-308.012","metadata":false},{"id":76584,"structure_id":13122,"section_number":"18.2-308.013","catch_line":"Suspension or revocation of permit","url":"\/18.2-308.013\/","token":"18.2\/7\/6.1\/18.2-308.013","metadata":false},{"id":54156,"structure_id":13122,"section_number":"18.2-308.014","catch_line":"Reciprocity","url":"\/18.2-308.014\/","token":"18.2\/7\/6.1\/18.2-308.014","metadata":false},{"id":77380,"structure_id":13122,"section_number":"18.2-308.015","catch_line":"Inclusion of Supreme Court website on application","url":"\/18.2-308.015\/","token":"18.2\/7\/6.1\/18.2-308.015","metadata":false},{"id":77788,"structure_id":13122,"section_number":"18.2-308.016","catch_line":"Retired law-enforcement officers; carrying a concealed handgun","url":"\/18.2-308.016\/","token":"18.2\/7\/6.1\/18.2-308.016","metadata":false},{"id":54280,"structure_id":13122,"section_number":"18.2-308.02","catch_line":"Application for a concealed handgun permit; Virginia resident or domiciliary","url":"\/18.2-308.02\/","token":"18.2\/7\/6.1\/18.2-308.02","metadata":false},{"id":73895,"structure_id":13122,"section_number":"18.2-308.03","catch_line":"Fees for concealed handgun permits","url":"\/18.2-308.03\/","token":"18.2\/7\/6.1\/18.2-308.03","metadata":false},{"id":82888,"structure_id":13122,"section_number":"18.2-308.04","catch_line":"Processing of the application and issuance of a concealed handgun permit","url":"\/18.2-308.04\/","token":"18.2\/7\/6.1\/18.2-308.04","metadata":false},{"id":60909,"structure_id":13122,"section_number":"18.2-308.05","catch_line":"Issuance of a de facto permit","url":"\/18.2-308.05\/","token":"18.2\/7\/6.1\/18.2-308.05","metadata":false},{"id":67217,"structure_id":13122,"section_number":"18.2-308.06","catch_line":"Nonresident concealed handgun permits","url":"\/18.2-308.06\/","token":"18.2\/7\/6.1\/18.2-308.06","metadata":false},{"id":71655,"structure_id":13122,"section_number":"18.2-308.07","catch_line":"Entry of information into the Virginia Criminal Information Network","url":"\/18.2-308.07\/","token":"18.2\/7\/6.1\/18.2-308.07","metadata":false},{"id":73002,"structure_id":13122,"section_number":"18.2-308.08","catch_line":"Denial of a concealed handgun permit; appeal","url":"\/18.2-308.08\/","token":"18.2\/7\/6.1\/18.2-308.08","metadata":false},{"id":85822,"structure_id":13122,"section_number":"18.2-308.09","catch_line":"Disqualifications for a concealed handgun permit","url":"\/18.2-308.09\/","token":"18.2\/7\/6.1\/18.2-308.09","metadata":false}],"previous_section":{"id":73002,"structure_id":13122,"section_number":"18.2-308.08","catch_line":"Denial of a concealed handgun permit; appeal","url":"\/18.2-308.08\/","token":"18.2\/7\/6.1\/18.2-308.08","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-308.09\/","history_text":"

This law was first created in 2013. The record of its establishment is cataloged in chapter 746<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2014, chapters 674<\/a> and 719<\/a>; in 2016, chapters 48<\/a>, 49<\/a>, and 337<\/a>; in 2019, chapter 203<\/a>; in 2020, chapters 150<\/a>, 887<\/a>, 888<\/a>, and 1173<\/a>.<\/p>","references":[{"id":57991,"section_number":"18.2-308.010","catch_line":"Renewal of concealed handgun permit","order_by":null,"url":"\/18.2-308.010\/"},{"id":76584,"section_number":"18.2-308.013","catch_line":"Suspension or revocation of permit","order_by":null,"url":"\/18.2-308.013\/"},{"id":67217,"section_number":"18.2-308.06","catch_line":"Nonresident concealed handgun permits","order_by":null,"url":"\/18.2-308.06\/"},{"id":73002,"section_number":"18.2-308.08","catch_line":"Denial of a concealed handgun permit; appeal","order_by":null,"url":"\/18.2-308.08\/"},{"id":84590,"section_number":"19.2-11.02","catch_line":"Prohibiting inquiry into the immigration status of certain victims or witnesses of crime","order_by":null,"url":"\/19.2-11.02\/"}],"refers_to":[{"id":84070,"section_number":"18.2-247","catch_line":"Use of terms \"controlled substances,\" \"marijuana,\" \"Schedules I, II, III, IV, V, and VI,\" \"imitation controlled substance,\" and \"counterfeit controlled substance\" in Title 18.2","order_by":null,"url":"\/18.2-247\/"},{"id":84921,"section_number":"18.2-248.1:1","catch_line":"Repealed","order_by":null,"url":"\/18.2-248.1_1\/"},{"id":68547,"section_number":"18.2-251","catch_line":"Persons charged with first offense may be placed on probation; conditions; substance abuse screening, assessment treatment and education programs or services; drug tests; costs and fees; violations; discharge","order_by":null,"url":"\/18.2-251\/"},{"id":67410,"section_number":"18.2-266","catch_line":"Driving motor vehicle, engine, etc., while intoxicated, etc","order_by":null,"url":"\/18.2-266\/"},{"id":83677,"section_number":"18.2-280","catch_line":"Willfully discharging firearms in public places","order_by":null,"url":"\/18.2-280\/"},{"id":73757,"section_number":"18.2-282","catch_line":"Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty","order_by":null,"url":"\/18.2-282\/"},{"id":86343,"section_number":"18.2-286.1","catch_line":"Shooting from vehicles so as to endanger persons; penalty","order_by":null,"url":"\/18.2-286.1\/"},{"id":81568,"section_number":"18.2-308.1:1","catch_line":"Purchase, possession, or transportation of firearms by persons acquitted by reason of insanity; penalty","order_by":null,"url":"\/18.2-308.1_1\/"},{"id":86450,"section_number":"18.2-308.1:2","catch_line":"Purchase, possession, or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated; penalty","order_by":null,"url":"\/18.2-308.1_2\/"},{"id":81410,"section_number":"18.2-308.1:3","catch_line":"Purchase, possession, or transportation of firearm by persons involuntarily admitted or ordered to outpatient treatment; penalty","order_by":null,"url":"\/18.2-308.1_3\/"},{"id":72509,"section_number":"18.2-308.1:4","catch_line":"Purchase or transportation of firearm by persons subject to protective orders; penalties","order_by":null,"url":"\/18.2-308.1_4\/"},{"id":73257,"section_number":"18.2-308.1:6","catch_line":"Purchase, possession, or transportation of firearms by persons subject to substantial risk orders; penalty","order_by":null,"url":"\/18.2-308.1_6\/"},{"id":81270,"section_number":"18.2-308.1:7","catch_line":"Purchase, possession, or transportation of firearm by persons enrolled into the Voluntary Do Not Sell Firearms List; penalty","order_by":null,"url":"\/18.2-308.1_7\/"},{"id":81427,"section_number":"18.2-308.1:8","catch_line":"Purchase, possession, or transportation of firearm following an assault and battery of a family or household member; penalty","order_by":null,"url":"\/18.2-308.1_8\/"},{"id":56786,"section_number":"18.2-308.2","catch_line":"Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for restoration order; when issued","order_by":null,"url":"\/18.2-308.2\/"},{"id":65916,"section_number":"19.2-182.7","catch_line":"Conditional release; criteria; conditions; reports","order_by":null,"url":"\/19.2-182.7\/"},{"id":61546,"section_number":"4.1-1100","catch_line":"Possession, etc., of marijuana and marijuana products by persons 21 years of age or older lawful; penalties","order_by":null,"url":"\/4.1-1100\/"},{"id":76117,"section_number":"64.2-2012","catch_line":"Petition for restoration, modification, or termination; effects","order_by":null,"url":"\/64.2-2012\/"}],"permalink":{"id":167189,"object_type":"law","relational_id":85822,"identifier":"18.2-308.09","token":"18.2\/7\/6.1\/18.2-308.09","url":"\/18.2-308.09\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-308.09\/","token":"18.2\/7\/6.1\/18.2-308.09","dublin_core":{"Title":"Disqualifications for a concealed handgun permit","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-308.09","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The following persons shall be deemed disqualified from obtaining a permit:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> An individual who is ineligible to possess a firearm pursuant to § 18.2-308.1:1<\/a>, 18.2-308.1:2<\/a>, 18.2-308.1:3<\/a>, 18.2-308.1:6<\/a>, 18.2-308.1:7<\/a>, or 18.2-308.1:8<\/a> or the substantially similar law<\/span> of any other state or of the United States. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> An individual who was ineligible to possess a firearm pursuant to § 18.2-308.1:1<\/a> and who was discharged from the custody<\/span> of the Commissioner pursuant to § 19.2-182.7<\/a> less than five years before the date of his application for a concealed handgun<\/span> permit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> An individual who was ineligible to possess a firearm pursuant to § 18.2-308.1:2<\/a> and whose competency or capacity was restored pursuant to § 64.2-2012<\/a> less than five years before the date of his application for a concealed handgun<\/span> permit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> An individual who was ineligible to possess a firearm under § 18.2-308.1:3<\/a> and who was released from commitment less than five years before the date of this application for a concealed handgun<\/span> permit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> An individual who is subject to a restraining order<\/span>, or to a protective order<\/span> and prohibited by § 18.2-308.1:4<\/a> from purchasing, possessing, or transporting a firearm. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> An individual who is prohibited by § 18.2-308.2<\/a> from possessing or transporting a firearm, except that a restoration order<\/span> may be obtained in accordance with subsection C of that section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> An individual who has been convicted of two or more misdemeanors<\/span> within the five-year period immediately preceding the application, if one of the misdemeanors<\/span> was a Class 1 misdemeanor<\/span>, but the judge<\/span> shall have the discretion to deny a permit for two or more misdemeanors<\/span> that are not Class 1. Traffic infractions and misdemeanors<\/span> set forth in Title 46.2 shall not be considered for purposes of this disqualification. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> An individual who is addicted to, or is an unlawful user or distributor of, marijuana, synthetic cannabinoids, or any controlled substance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> An individual who has been convicted of a violation of § 18.2-266<\/a> or a substantially similar local ordinance<\/span>, or of public drunkenness, or of a substantially similar offense<\/span> under the laws<\/span> of any other state, the District of Columbia, the United States, or its territories within the three-year period immediately preceding the application. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> An alien other than an alien lawfully admitted for permanent residence<\/span> in the United States. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> An individual who has been discharged from the armed forces of the United States under dishonorable conditions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> An individual who is a fugitive from justice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> An individual who the court<\/span> finds, by a preponderance of the evidence<\/span>, based on specific acts by the applicant, is likely to use a weapon unlawfully or negligently to endanger others. The sheriff, chief of police, or attorney for the Commonwealth may submit to the court<\/span> a sworn, written statement indicating that, in the opinion<\/span> of such sheriff, chief of police, or attorney for the Commonwealth, based upon a disqualifying conviction<\/span> or upon the specific acts set forth in the statement, the applicant is likely to use a weapon unlawfully or negligently to endanger others. The statement of the sheriff, chief of police, or the attorney for the Commonwealth shall be based upon personal knowledge<\/span> of such individual or of a deputy sheriff, police officer, or assistant attorney for the Commonwealth of the specific acts, or upon a written statement made under oath<\/span> before a notary public of a competent person having personal knowledge<\/span> of the specific acts. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> An individual who has been convicted of any assault<\/span>, assault<\/span> and battery<\/span>, sexual battery<\/span>, discharging of a firearm in violation of § 18.2-280<\/a> or 18.2-286.1<\/a> or brandishing of a firearm in violation of § 18.2-282<\/a> within the three-year period immediately preceding the application. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> An individual who has been convicted of stalking. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> An individual whose previous convictions<\/span> or adjudications of delinquency were based on an offense<\/span> that would have been at the time of conviction<\/span> a felony<\/span> if committed by an adult under the laws<\/span> of any state, the District of Columbia, the United States or its territories. For purposes of this disqualifier, only convictions<\/span> occurring within 16 years following the later of the date of (i) the conviction<\/span> or adjudication or (ii) release from any incarceration imposed upon such conviction<\/span> or adjudication shall be deemed to be “previous convictions<\/span>.” Disqualification under this subdivision shall not apply to an individual with previous adjudications of delinquency who has completed a term of service of no less than two years in the Armed Forces of the United States and, if such person has been discharged from the Armed Forces of the United States, received an honorable discharge. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

17.<\/span> An individual who has a felony<\/span> charge pending or a charge pending for an offense<\/span> listed in subdivision 14 or 15. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

18.<\/span> An individual who has received mental health treatment<\/span> or substance abuse treatment<\/span> in a residential setting within five years prior to the date of his application for a concealed handgun<\/span> permit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

19.<\/span> An individual not otherwise ineligible pursuant to this article, who, within the three-year period immediately preceding the application for the permit, was found guilty of any criminal offense<\/span> set forth in Chapter 11 (§ 4.1-1100<\/a> et seq.) of Title 4.1, Article 1 (§ 18.2-247<\/a> et seq.), or former § 18.2-248.1:1<\/a> or of a criminal offense<\/span> of illegal possession<\/span> or distribution of marijuana, synthetic cannabinoids, or any controlled substance, under the laws<\/span> of any state, the District of Columbia, or the United States or its territories. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

20.<\/span> An individual, not otherwise ineligible pursuant to this article, with respect to whom, within the three-year period immediately preceding the application, upon a charge of any criminal offense<\/span> set forth in Chapter 11 (§ 4.1-1100<\/a> et seq.) of Title 4.1, Article 1 (§ 18.2-247<\/a> et seq.), or former § 18.2-248.1:1<\/a> or upon a charge of illegal possession<\/span> or distribution of marijuana, synthetic cannabinoids, or any controlled substance under the laws<\/span> of any state, the District of Columbia, or the United States or its territories, the trial<\/span> court<\/span> found that the facts<\/span> of the case were sufficient for a finding<\/span> of guilt and disposed of the case pursuant to § 18.2-251<\/a> or the substantially similar law<\/span> of any other state, the District of Columbia, or the United States or its territories. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISQUALIFICATIONS FOR A CONCEALED HANDGUN PERMIT (\u00a7 18.2-308.09)\n\nThe following persons shall be deemed disqualified from obtaining a permit:\n\n1. An individual who is ineligible to possess a firearm pursuant to §\n18.2-308.1:1, 18.2-308.1:2, 18.2-308.1:3, 18.2-308.1:6, 18.2-308.1:7, or\n18.2-308.1:8 or the substantially similar law of any other state or of the\nUnited States.\n\n2. An individual who was ineligible to possess a firearm pursuant to §\n18.2-308.1:1 and who was discharged from the custody of the Commissioner\npursuant to § 19.2-182.7 less than five years before the date of his\napplication for a concealed handgun permit.\n\n3. An individual who was ineligible to possess a firearm pursuant to §\n18.2-308.1:2 and whose competency or capacity was restored pursuant to §\n64.2-2012 less than five years before the date of his application for a\nconcealed handgun permit.\n\n4. An individual who was ineligible to possess a firearm under §\n18.2-308.1:3 and who was released from commitment less than five years before\nthe date of this application for a concealed handgun permit.\n\n5. An individual who is subject to a restraining order, or to a protective order\nand prohibited by § 18.2-308.1:4 from purchasing, possessing, or\ntransporting a firearm.\n\n6. An individual who is prohibited by § 18.2-308.2 from possessing or\ntransporting a firearm, except that a restoration order may be obtained in\naccordance with subsection C of that section.\n\n7. An individual who has been convicted of two or more misdemeanors within the\nfive-year period immediately preceding the application, if one of the\nmisdemeanors was a Class 1 misdemeanor, but the judge shall have the discretion\nto deny a permit for two or more misdemeanors that are not Class 1. Traffic\ninfractions and misdemeanors set forth in Title 46.2 shall not be considered for\npurposes of this disqualification.\n\n8. An individual who is addicted to, or is an unlawful user or distributor of,\nmarijuana, synthetic cannabinoids, or any controlled substance.\n\n9. An individual who has been convicted of a violation of § 18.2-266 or a\nsubstantially similar local ordinance, or of public drunkenness, or of a\nsubstantially similar offense under the laws of any other state, the District of\nColumbia, the United States, or its territories within the three-year period\nimmediately preceding the application.\n\n10. An alien other than an alien lawfully admitted for permanent residence in\nthe United States.\n\n11. An individual who has been discharged from the armed forces of the United\nStates under dishonorable conditions.\n\n12. An individual who is a fugitive from justice.\n\n13. An individual who the court finds, by a preponderance of the evidence, based\non specific acts by the applicant, is likely to use a weapon unlawfully or\nnegligently to endanger others. The sheriff, chief of police, or attorney for\nthe Commonwealth may submit to the court a sworn, written statement indicating\nthat, in the opinion of such sheriff, chief of police, or attorney for the\nCommonwealth, based upon a disqualifying conviction or upon the specific acts\nset forth in the statement, the applicant is likely to use a weapon unlawfully\nor negligently to endanger others. The statement of the sheriff, chief of\npolice, or the attorney for the Commonwealth shall be based upon personal\nknowledge of such individual or of a deputy sheriff, police officer, or\nassistant attorney for the Commonwealth of the specific acts, or upon a written\nstatement made under oath before a notary public of a competent person having\npersonal knowledge of the specific acts.\n\n14. An individual who has been convicted of any assault, assault and battery,\nsexual battery, discharging of a firearm in violation of § 18.2-280 or\n18.2-286.1 or brandishing of a firearm in violation of § 18.2-282 within\nthe three-year period immediately preceding the application.\n\n15. An individual who has been convicted of stalking.\n\n16. An individual whose previous convictions or adjudications of delinquency\nwere based on an offense that would have been at the time of conviction a felony\nif committed by an adult under the laws of any state, the District of Columbia,\nthe United States or its territories. For purposes of this disqualifier, only\nconvictions occurring within 16 years following the later of the date of (i) the\nconviction or adjudication or (ii) release from any incarceration imposed upon\nsuch conviction or adjudication shall be deemed to be “previous\nconvictions.” Disqualification under this subdivision shall not apply to\nan individual with previous adjudications of delinquency who has completed a\nterm of service of no less than two years in the Armed Forces of the United\nStates and, if such person has been discharged from the Armed Forces of the\nUnited States, received an honorable discharge.\n\n17. An individual who has a felony charge pending or a charge pending for an\noffense listed in subdivision 14 or 15.\n\n18. An individual who has received mental health treatment or substance abuse\ntreatment in a residential setting within five years prior to the date of his\napplication for a concealed handgun permit.\n\n19. An individual not otherwise ineligible pursuant to this article, who, within\nthe three-year period immediately preceding the application for the permit, was\nfound guilty of any criminal offense set forth in Chapter 11 (§ 4.1-1100 et\nseq.) of Title 4.1, Article 1 (§ 18.2-247 et seq.), or former §\n18.2-248.1:1 or of a criminal offense of illegal possession or distribution of\nmarijuana, synthetic cannabinoids, or any controlled substance, under the laws\nof any state, the District of Columbia, or the United States or its territories.\n\n20. An individual, not otherwise ineligible pursuant to this article, with\nrespect to whom, within the three-year period immediately preceding the\napplication, upon a charge of any criminal offense set forth in Chapter 11\n(§ 4.1-1100 et seq.) of Title 4.1, Article 1 (§ 18.2-247 et seq.), or\nformer § 18.2-248.1:1 or upon a charge of illegal possession or\ndistribution of marijuana, synthetic cannabinoids, or any controlled substance\nunder the laws of any state, the District of Columbia, or the United States or\nits territories, the trial court found that the facts of the case were\nsufficient for a finding of guilt and disposed of the case pursuant to §\n18.2-251 or the substantially similar law of any other state, the District of\nColumbia, or the United States or its territories.\n\nHISTORY: 2013, c. 746; 2014, cc. 674, 719; 2016, cc. 48, 49, 337; 2019, c. 203;\n2020, cc. 150, 887, 888, 1173; 2021, Sp. Sess. I, cc. 550, 551, 555.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}