Virginia Gun Bill of Sale - Va. Code § 18.2-308.2:5 Private Transfer

This is Virginia's most complex legal question in 2026. Va. Code § 18.2-308.2:5 requires background checks for all private sales — but on October 29, 2025, the Circuit Court for the City of Lynchburg permanently enjoined the Virginia State Police from enforcing this requirement in the case of Raul Wilson v. Colonel Hanley. The Virginia State Police publicly acknowledged the conflict and stated they cannot process private sale background checks. Governor Spanberger subsequently signed amendments directing VSP to resume checks — creating a direct conflict between the court order and the legislature. As of May 2026, the legal situation remains unresolved. Always consult an attorney before completing any private transfer in Virginia.

Governor Spanberger signed HB 217/SB 749 on April 14, 2026, banning the future purchase, sale, transfer, and import of semi-automatic centerfire rifles and pistols meeting certain feature definitions, along with magazines capable of holding more than 15 rounds. Current owners who possess qualifying firearms before July 1, 2026 are grandfathered — they can keep their firearms but cannot sell or transfer them within Virginia after the effective date. Virginia gun buyers rushed to purchase modern sporting rifles in March 2026, with dealers reporting 8-10 times their normal daily volume. The law faces anticipated legal challenges.

SB 727/HB 1524, effective July 1, 2026, prohibits carrying or transporting any semi-automatic centerfire rifle or pistol with a fixed magazine capacity over 15 rounds on any public street, road, sidewalk, or public park in Virginia. This applies even to grandfathered owners — you may keep these firearms but cannot carry them in public spaces covered by the new law. The bill was among the most significant of Governor Spanberger's April 14 package.

HB 40 and SB 323, effective July 1, 2026, require serialization and background checks for key firearm components including unfinished receivers and parts kits. The bills carve out exemptions for antique firearms, permanently inoperable weapons, and manually operated firearms (bolt-action, lever-action). If you are selling or transferring any firearm components, verify whether they fall under the new requirements. 3D-printed firearm files and unfinished receivers are now more tightly regulated under Virginia law.

Yes. Virginia requires a Concealed Handgun Permit (CHP) to carry a concealed handgun in public — Virginia has not adopted Constitutional Carry as of 2026. The CHP is shall-issue, valid for 5 years, and requires a background check and safety course. Open carry of a handgun is legal in Virginia without a permit except in prohibited locations. Virginia's new July 1, 2026 legislation adds new restricted carry locations including hospital psychiatric facilities under SB 173/HB 229.

HB 871/SB 348, effective July 1, 2026, requires secure firearm storage under certain circumstances — particularly in homes with children or prohibited persons. Governor Spanberger's amendments clarified that a firearm rendered inoperable with a purpose-built gun lock qualifies as safely stored. This shifts Virginia from a best-practice recommendation to potential criminal liability for unsafe storage. Inform buyers of this obligation at the time of transfer.

The 'Lynchburg Loophole' refers to the October 29, 2025 court order from the Circuit Court for the City of Lynchburg that permanently enjoined Virginia State Police from enforcing the private sale background check requirement. The court order arose from a case brought by Gun Owners of America, the Virginia Citizens Defense League, and private plaintiffs. Governor Spanberger's April 2026 amendments specifically directed VSP to resume background checks and 'close the Lynchburg Loophole' — but the court order remains in effect. Virginia State Police have acknowledged the conflict. This creates legal uncertainty for private sellers.

Virginia limits handgun purchases to one per 30-day period under Va. Code § 18.2-308.2:2. This applies to dealer sales. The limit on private sales is less clear given the current injunction against private sale background checks. Certain exemptions apply for law enforcement and collectors with a valid FFL. The 30-day limit is one of the few such restrictions remaining in Virginia.

Under Va. Code § 18.2-308.2 and federal law, prohibited persons include convicted felons, those with domestic violence convictions, individuals subject to protective orders, and those adjudicated as mentally incompetent. Governor Spanberger's 2026 package expanded the domestic violence prohibition — the 'intimate partner loophole' bill expanded firearm prohibitions to include more individuals convicted of domestic-violence offenses. Virginia also has a Red Flag ERPO law. Always ask the buyer to certify on the Bill of Sale that they are not subject to an active ERPO.

No. Federal law under 18 U.S.C. § 922 prohibits private person-to-person firearm transfers across state lines. Virginia borders Maryland, West Virginia, Kentucky, Tennessee, and North Carolina — and selling directly to a resident of any of them without FFL involvement is a federal felony. Given Virginia's rapidly changing laws, buyers from neighboring states may specifically seek Virginia private sales — always verify the buyer holds a current Virginia Driver's License or State ID.