What disqualifies you from buying a gun in Virginia boils down to a combination of federal and state laws designed to prevent high-risk individuals from accessing firearms. These include felony convictions, certain misdemeanors like domestic violence, mental health adjudications or commitments, active protective orders, drug-related offenses, and more. Virginia enforces these through mandatory background checks via the Virginia State Police (VSP) Firearms Transaction Program.
Whether you’re a first-time buyer or checking your eligibility, understanding these rules is crucial. Below, we’ll break it down comprehensively, including the official VSP eligibility test, so you know exactly where you stand.
Take the Official Virginia Firearms Purchase Eligibility Test
The Virginia State Police provides a free, official self-assessment with 23 yes/no questions. Answering “yes” to any question typically means you’re prohibited from buying or possessing a firearm. Here’s the full list:
- Are you under indictment for a felony offense?
- Are you the subject of an active misdemeanor or felony arrest warrant from any state?
- Have you ever been convicted, as an adult, in any court of a felony offense?
- If you are 28 or younger, have you ever been adjudicated delinquent as a juvenile (14+ at time of offense) for an act that would be a felony if committed by an adult?
- Were you adjudicated as a juvenile (14+ at the time) for murder, kidnapping, robbery with a firearm, or rape?
- Have you been convicted of a misdemeanor punishable by >2 years?
- Outstanding protective/restraining order involving spouse, ex-spouse, co-parent, or intimate partner?
- Outstanding protective/restraining order for child abuse/neglect, stalking, sexual battery, family abuse, or violence?
- Outstanding emergency/substantial risk order from any state?
- Unlawful user/addicted to marijuana or controlled substances (recent conviction/test)?
- Acquitted by reason of insanity?
- Adjudicated legally incompetent, mentally incapacitated, or incapacitated?
- Involuntarily admitted to a mental health facility or ordered to outpatient treatment?
- Temporary detention order followed by voluntary admission?
- Dishonorable discharge from the Armed Forces?
- Illegal alien in the U.S.?
- Non-immigrant alien (exceptions for hunting permits/waivers)?
- Renounced U.S. citizenship?
- Convicted of misdemeanor domestic violence (specific relationships)?
- Purchased a handgun within the past 30 days?
- Two+ misdemeanor drug convictions (VA law, within 36 months, last 5 years—for handguns)?
- Convicted on/after July 1, 2021, of misdemeanor assault & battery on a family/household member?
- Enrolled in the Virginia Voluntary Do Not Sell Firearms List?
Pro Tip: Print this and answer honestly. If any “yes,” stop, you’re likely disqualified.
Federal vs. Virginia Disqualifiers
Federal law sets the baseline (e.g., felonies, domestic violence, misdemeanors, certain mental health issues). Virginia adds stricter rules:
| Category | Federal Prohibitions | Virginia Additions/Stricter Rules | Duration |
| Felonies | Lifetime ban | Includes juvenile equivalents (age 14+); restoration required | Lifetime unless restored |
| Domestic Violence | Misdemeanor convictions | 3-year ban for family assault/battery (post-July 1, 2021); active protective orders | 3 years or order duration |
| Mental Health | Serious conditions | Incompetency, involuntary commitments, insanity acquittals, and temporary detentions | Until restored |
| Drugs | Unlawful users | 2+ misdemeanor possessions (handguns, 5 years) | 5 years |
| Orders | Some protective | Substantial risk orders (red flag); family violence | Order duration |
| Other | Non-citizens, dishonorable discharge | Voluntary Do Not Sell List; recent handgun buys | Varies |
How Virginia’s Background Check Works
Every purchase requires a VCheck background check ($2 fee) via VSP instant for most.
- Approved: Proceed.
- Delayed/Denied: Manual review; appeal possible.
- Covers: Criminal history, mental health, orders, immigration.
FAQs
Can I buy a rifle at 18?
Yes, you can purchase a rifle or shotgun at age 18 if you are not otherwise prohibited from doing so. However, you must be 21 to buy a handgun from a licensed dealer.
Does marijuana use disqualify me?
Yes, regular or recent marijuana use disqualifies you under federal law, even if you have a Virginia medical cannabis card. Any admission of use or positive drug test can trigger denial.
How do I join the Voluntary Do Not Sell Firearms List?
You can apply directly through the Virginia State Police using their official form. Once enrolled, you remain on the list until you submit a removal request and wait 21 days.
What if I have an old conviction?
Many older convictions may be eligible for rights restoration. You must petition the circuit court in your jurisdiction, and felons require a Governor’s restoration of civil rights first.
Unsure About Your Eligibility? Get Legal Help Today
Navigating firearm disqualifiers can be complex. Don’t risk a felony charge. The experienced Virginia gun attorneys at The Law Offices of Krum, Gergely, & Oates specialize in Virginia gun rights and eligibility reviews.
