Open carry has become much more limited under the current case law in Virginia, and with the election of a Democratic governor and the potential for Democrats to control the House and Senate in 2026, Virginia’s gun laws are expected to change significantly over the next year.
If you’re a gun owner in Virginia, here’s what you need to know about open carry, and the increase in brandishing charges, as well as what you can do to protect yourself.
Brandishing Under the Current Virginia Law
Virginia Law 18.2-282 criminalizes pointing, holding, or brandishing a firearm in a way that reasonably induces fear in another person. The language in the statute makes it clear that a gun does not need to be pointed at someone to be considered brandishing. In fact, your hand doesn’t even need to be on the gun. Simply being visible on your body can still constitute brandishing.
What has Changed with Open Carry & Brandishing Offenses
Historically, when gun owners were charged with brandishing, they were open carrying and behaving in an aggressive or threatening manner. However, the Supreme Court set a new legal precedent when it expanded the definition of brandishing to include “exhibiting or exposing a weapon in an ostentatious or shameless manner,” in addition to being aggressive. (Morris vs. the Commonwealth of Virginia)
That ruling was later upheld in another case in the Virginia Court of Appeals, in which the court further defined ostentatious as carrying a weapon in a manner that is flashy, showy, or draws attention to it. (Reed vs. the Commonwealth of Virginia)
What Does this Mean for Open Carry
Unfortunately, if you open carry, and someone calls the police and says that it’s scaring them, you could be charged and convicted of brandishing under the current case law, even if you are not exhibiting aggressive behavior. The mere fact that you are open carrying can be interpreted as being flashy, showy, or drawing attention to your firearm, especially under the current administration.
To continue carrying a firearm in public, without legal ramifications, it is more important than ever for gun owners to obtain a Virginia Concealed Handgun Permit.
How to Obtain a Concealed Carry Permit in Virginia
To apply for a concealed carry permit in Virginia, you’ll need to register for and attend a Virginia Concealed Carry Permit Training Class and complete the Virginia Concealed Carry Permit Application (Form SP-248). You’ll then need to apply, along with a copy of your driver’s license and your CHP training course completion certificate, with the Clerk of the Circuit Court in your county or city of residence. You must also provide a self-addressed, stamped envelope and the $50 application fee.
Learn more about How to Apply for the Virginia Concealed Carry Permit and take the first step by registering for a Virginia CCW Permit Class.
Piece Be With You offers Virginia Concealed Carry Permit Training Classes in Williamsburg, Newport News, Toano and throughout Hampton Roads, VA. All classes are led by Jay Hermoso, a National Rifle Association (NRA) certified firearms instructor, a USCCA Certified Instructor and a Concealed Firearms Instructor with the State of Utah, Bureau of Criminal Identification. We offer several classes every month, and On-Demand CCW Classes upon request. View our Class Schedule and register today.