Virginia Code

Va. Code Ann. § 18.2-308.7 (2026)

Possession, transportation, or purchase of certain firearms by certain persons; penalty

✓ current as of May 2026
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A. For the purposes of this section:

"Assault firearm" means the same as that term is defined in § 18.2-308.2:2.

"Handgun" means the same as that term is defined in § 18.2-307.1.

B. It is unlawful for any person younger than 18 years of age to knowingly and intentionally possess or transport a handgun or assault firearm as defined in § 18.2-308.2:2 anywhere in the Commonwealth.

C. It is unlawful for any person younger than 21 years of age to knowingly and intentionally purchase a handgun or assault firearm anywhere in the Commonwealth.

D. A violation of this section is a Class 1 misdemeanor.

E. The provisions of subsection B shall not apply to:

1. Any person while present in his home or on the property of his parent, grandparent, or legal guardian and possessing the firearm with the consent of his parent, grandparent, or legal guardian who owns such firearm;

2. Any person who, while accompanied by an adult, is present at a lawful shooting range or firearms educational class;

3. Any person who, while accompanied by an adult, is actually engaged in lawful hunting;

4. Any person while engaged in official training or carrying out his duties as a law-enforcement officer or as a member of the Armed Forces of the United States or the National Guard of the Commonwealth or any other state;

5. Any cadet who is participating in training, competitive, or ceremonial activities as a member of the Corps of Cadets or the Reserve Officers' Training Corps at a public institution of higher education; and

6. Any active duty law-enforcement officer in the course of his duties or an active participant in a Trooper Basic Academy Session administered by the Virginia State Police.

1993, cc. 467, 494; 2003, c. 976; 2004, c. 995; 2026, cc. 1102, 1106, 1107.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1999–2023 · leading case: Alger v. Commonwealth, 590 S.E.2d 563 (Va. 2004).
Alger v. Commonwealth, 590 S.E.2d 563 (Va. 2004). · cites it 2× “” Inspection of the source material Alger cites for this proposition, however, makes clear that the statutory language of Code § 18.”
Marshall v. Commonwealth, 708 S.E.2d 253 (Va. Ct. App. 2011). · cites it 2× “2:01 and Code § 18.2-308.7 (prohibiting various classes of individuals from, inter alia, “knowingly and intentionally” possessing or transporting firearms); Code § 18.”
Harris v. Commonwealth, 667 S.E.2d 809 (Va. Ct. App. 2008). · cites it 2× “2-280, and possession of a firearm by a juvenile, in violation of Code § 18.2-308.7. On appeal, Harris contends the trial court erred in (1) refusing to dismiss the charges against him on the ground he was not provided an adjudicatory or transfer hearing within the requisite…”
A.A.B., a Minor v. Commonwealth of Virginia (Va. Ct. App. 2018). · cites it 2× “,1 a minor, was convicted by a jury of two misdemeanors, possession of a firearm by a minor in violation of Code § 18.2-308.7, and carrying a concealed weapon in violation of Code § 18.”
Arik Wilder, s/k/a Arik Stefon Wilder v. Commonwealth of Virginia (Va. Ct. App. 2008). · cites it 3× “Indeed, Code § 18.2-308.7 applies to all persons under eighteen, even those who have no prior adjudications for any type of juvenile delinquency.”
Sacario Arquez Frink v. Commonwealth of Virginia (Va. Ct. App. 2022). “2; and underage possession of firearm, in violation of Code § 18.2-308.7. The circuit court sentenced Frink to a total of thirty-six years’ imprisonment, with twenty-six years suspended.”
Commonwealth of Virginia v. Cameron Dion Drane (Va. Ct. App. 2023). “1), possession of a firearm by a juvenile (§ 18.2-308.7), carrying a concealed weapon (§ 18.”
Antonio Lewis Goodman v. Commonwealth of Virginia (Va. Ct. App. 2007). “2 (convicted felon); § 18.2-308.7 (juvenile). It is also unlawful to knowingly sell a firearm, or to -6- The Commonwealth contends, however, that the totality of the circumstances justified the stop and that, “since the informant was right about the car, location, and…”
John Russell Hartman v. Commonwealth of Virginia (Va. Ct. App. 1999). “” That code section defines delinquent act as “(i) an act designated a crime under the law of this Commonwealth, or an ordinance of any city, county, town or service district, or under federal law, (ii) a violation of § 18.”
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