Does a Virginia concealed handgun permit require a firearms training course taught by a Virginia-certified instructor, or does any state's certification count?

Plain-English summary

To get a Virginia concealed handgun permit, an applicant must demonstrate competence with a handgun. The statute lists several ways to do that. One is "[c]ompleting any firearms training ... conducted by a state-certified or National Rifle Association-certified firearms instructor" (§ 18.2-308(G)(7) for residents; § 18.2-308(P1)(7) for non-residents, same language).

The Fairfax County Circuit Court Clerk asked whether "state-certified" meant Virginia-certified specifically or whether certification by any state would qualify.

The AG said any state.

The interpretive analysis was straightforward. Statutes are construed by their plain meaning. The phrase "state-certified" does not name Virginia or any Virginia board. When the General Assembly wants to limit certification to a Virginia agency, it knows how to do so. The AG pointed to Va. Code § 54.1-2017, which says that an individual not licensed by the Virginia Real Estate Appraisal Board cannot represent himself as a "state certified real estate appraiser." That is the General Assembly using "state certified" to mean Virginia-certified, explicitly. The absence of analogous language in § 18.2-308 was telling.

The AG also pointed to a structural argument. The same competency requirement (§ 18.2-308(P1)(7)) applies to non-resident applicants for Virginia concealed handgun permits. Non-residents commonly take firearms training in their home state. Requiring them to find a Virginia-certified instructor would be impractical and inconsistent with the General Assembly's evident purpose of making the permit accessible to non-residents.

So a Florida applicant with a Florida-state-certified instructor's training certificate has satisfied the Virginia statute, just as a Virginia resident with a Virginia-certified instructor's certificate has.

The AG also cross-referenced a 2012 opinion (12-028) that had applied the same logic to a different statute. There, the AG had concluded that the practicing-attorney jury-service exemption in Va. Code § 8.01-341(5) extended to all licensed practicing attorneys, not just Virginia attorneys, because the statute did not say "Virginia attorneys" specifically. The interpretive principle is the same: "state-X" without further qualification reaches all states.

Currency note

This opinion was issued in 2013. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

The concealed handgun permit statute has been substantially restructured since 2013, with the relevant provisions recodified into Va. Code § 18.2-308.01 et seq. The "state-certified" language has generally been preserved in some form. Anyone applying or processing a permit should check current text.

Common questions

What is the Virginia concealed handgun permit?
A permit issued by a Virginia circuit court that allows the holder to carry a concealed handgun. The applicant must satisfy several requirements, including age, no disqualifying criminal record, and competency with a handgun.

What counts as competency proof?
The statute lists several options: completing a firearms training course by a state-certified or NRA-certified instructor, completing a hunter safety course, military service with firearms training, prior law enforcement experience, completing a course at a community college, and others.

Does the NRA certification still count?
Yes. The statute lists "state-certified or National Rifle Association-certified" instructors as both valid. The opinion addresses what "state-certified" means; it does not affect NRA certification.

Can an online course count?
The 2013 opinion does not address this question. Subsequent statutory amendments have specifically addressed online firearms training, with varying treatment. Check current law.

What about a non-resident applicant?
Non-residents can apply for a Virginia concealed handgun permit under § 18.2-308.06 (with the residency language updated over time). The competency requirement is the same. An out-of-state-certified instructor in the applicant's home state counts under this opinion.

Does this opinion apply to other "state-certified" terms in Virginia law?
Each statute has to be read in its own context. The opinion's analysis is statute-specific. But the underlying interpretive principle (no Virginia limitation without express language) is general.

Why does the General Assembly use 'state-certified' rather than 'Virginia-certified'?
Probably because requiring Virginia-certified instructors would be too restrictive for out-of-state applicants and might create a bottleneck. The current language gives flexibility while still requiring some governmental check on the instructor.

Background and statutory framework

The statutory framework:

• Va. Code § 18.2-308(G): residency-specific competency requirements for the Virginia concealed handgun permit.
• Va. Code § 18.2-308(G)(7): training by "a state-certified or National Rifle Association-certified firearms instructor."
• Va. Code § 18.2-308(P1): parallel non-resident provisions.
• Va. Code § 54.1-2017: the explicit-Virginia-certification example the AG used as a comparison.

The interpretive moves:

• Plain meaning controls (Halifax Corp.).
• Court is "not free to add language, nor to ignore language" (Signal Corp.).
• Absence of qualifying language means no qualification was intended (the AG's 2012 jury-service exemption opinion used the same logic).
• Structural argument: applying the rule to non-resident applicants makes the "any state" reading necessary as a matter of practical legislative intent.

Citations

• Va. Code § 18.2-308(G), (G)(7), (P1), (P1)(7)
• Va. Code § 54.1-2017
• Halifax Corp. v. First Union Nat'l Bank, 262 Va. 91, 546 S.E.2d 696 (2001)
• Signal Corp. v. Keane Fed. Sys., 265 Va. 38, 574 S.E.2d 253 (2003)
• 2012 Op. Va. Att'y Gen. 28

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/Opinions/2013/13-040_Frey.pdf

Original opinion text

COMMONWEALTH of VIRGINIA
Office of the Attorney General
Kenneth T. Cuccinelli, II
Attorney General

June 14, 2013

The Honorable John T. Frey
Clerk of the Circuit Court
Fairfax County Circuit Court
4110 Chain Bridge Road
Fairfax, Virginia 22030

Dear Mr. Frey:

I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of the Code of Virginia.

Issue Presented

You inquire whether the term "state-certified," as used in § 18.2-308(G)(7) and (P1)(7) of the Code of Virginia, refers to an instructor certified by any state in the United States or only to an instructor certified by the Commonwealth of Virginia.

Response

It is my opinion that the term "state-certified" as used in § 18.2-308(G)(7) and (P1)(7) refers to a firearms instructor that is certified by any state in the United States.

Applicable Law and Discussion

To qualify for a Virginia concealed handgun permit, the law requires the permit applicant to demonstrate competence with a handgun.[1] The required types of proof to demonstrate competence are listed in § 18.2-308(G) and (P1). One form of acceptable proof is "[c]ompleting any firearms training ... conducted by a state-certified or National Rifle Association-certified firearms instructor."[2]

Finding no cases directly on point, I rely on the familiar rules of statutory construction to answer your inquiry. Foremost, in construing a statute, the plain meaning of the language determines the legislative intent unless a literal construction would lead to a manifest absurdity.[3] Further, statutes must be construed to give meaning to all of the words enacted by the General Assembly, and a court is "not free to add language, nor to ignore language, contained in statutes."[4]

Other statutes in the Code of Virginia specify a particular board or agency that must certify an individual for that person to be "state-certified."[5] The applicable provisions of § 18.2-308 do not indicate a requirement that a firearms instructor be certified by any board or agency of the Commonwealth, or contain any other reference to Virginia or the Commonwealth. Absent language qualifying or limiting the certification to a particular state, the certification requirement must extend to all "state-certified" firearms instructors.[6] Additionally, it would appear unreasonable to limit the "state-certified" certification to only a Virginia certified firearms instructor when the handgun competency requirements apply equally to resident and non-resident concealed handgun permit applicants.

Conclusion

Accordingly, it is my opinion that the term "state-certified" as used in § 18.2-308(G)(7) and (P1)(7) refers to a firearms instructor that is certified by any state in the United States.

With kindest regards, I am

Very truly yours,

Kenneth T. Cuccinelli, II
Attorney General

[1] Va. Code Ann. § 18.2-308(G) (Supp. 2012) concerns the competency requirements for a Virginia resident concealed handgun permit. Section 18.2-308(P1) (Supp. 2012) concerns the competency requirements for a nonresident concealed handgun permit. These requirements are similar.

[2] Section 18.2-308(G)(7); § 18.2-308(P1)(7).

[3] Halifax Corp. v. First Union Nat'l Bank, 262 Va. 91, 99-100, 546 S.E.2d 696, 702 (2001).

[4] Signal Corp. v. Keane Fed. Sys., 265 Va. 38, 46, 574 S.E.2d 253, 257 (2003).

[5] For example, "an individual who is not licensed by [the Virginia Real Estate Appraisal Board]" cannot represent himself as a "state certified real estate appraiser." Va. Code Ann. § 54.1-2017 (2009).

[6] For example, the General Assembly could have chosen to limit the training conducted by a Virginia certified or Department of Criminal Justice-certified firearms instructor. Cf. 2012 Op. Va. Att'y Gen. 28, 29-30 (concluding that because § 8.01-341(5), which provides practicing attorneys an exemption from jury service, does not expressly limit the exemption to Virginia attorneys, "the exemption must extend to all licensed practicing attorneys.").