Do I need to take an in-person firearms course again to renew my Virginia concealed handgun permit?

Plain-English summary

The Wise County circuit court clerk asked the AG a practical question that came up at the renewal counter: after the General Assembly amended § 18.2-308.02(B) in 2020 to require applicants to show competence "in person," does a person renewing an existing concealed handgun permit have to take another in-person training course?

The AG said no. Here's the reasoning. The statute lists nine ways to satisfy the "in-person" competence requirement. One of them, subdivision (B)(6), is "[o]btaining or previously having held a license to carry a firearm in the Commonwealth or a locality thereof, unless such license has been revoked for cause." The statute also says clearly that "no applicant shall be required to submit to any additional demonstration of competence, nor shall any proof of demonstrated competence expire."

Read together, those provisions mean: if you already have a concealed handgun permit (and it wasn't revoked for cause), the permit itself is your proof of competence. You don't need fresh training. The same logic applies if your previous permit has lapsed but wasn't revoked.

What this means for you

If you have a Virginia concealed handgun permit and want to renew

You don't need to retake a firearms class. Just file the renewal application with the clerk of court in your home county or city, pay the fee, and confirm the previous permit was not revoked for cause. The AG was explicit that your existing permit is sufficient proof of competence.

The same is true even if your permit has expired. Subdivision (B)(6) covers anyone who is "[o]btaining or previously having held" a Virginia concealed handgun permit, expired or current.

You can mail the renewal application under § 18.2-308.010. Confirm the deadline with your clerk; renewals must be timely to keep the permit active.

If you are a Virginia circuit court clerk processing renewals

The AG opinion answers a question that was apparently coming up at the counter. Three takeaways:

• Don't reject a renewal because the applicant hasn't attended a fresh in-person training class. The existing or previously held permit is enough.
• The "no additional demonstration of competence" and "no expiration of proof" language in § 18.2-308.02(B) is general; it ties off the question definitively.
• Your authority to require documentation is also capped. The opinion quotes § 18.2-308.02: "[n]o information or documentation other than that which is allowed on the application in accordance with this section may be requested or required by the clerk or the court."

If a previous permit was revoked for cause, the existing-permit path does not apply, and the applicant has to satisfy one of the other methods § 18.2-308.02(B) allows.

If you are a firearms instructor or training school

The opinion does not change the requirements for first-time permit applicants. For someone who has never held a Virginia permit, in-person training under one of subdivisions (B)(1) through (B)(9) is still required. Your business with renewing permit holders may decrease somewhat, but the underlying demand for first-time training is unaffected.

If you are a Second Amendment policy advocate or attorney

The AG opinion follows from the plain text of § 18.2-308.02(B)(6) and the "no additional demonstration" language. It's a fairly narrow construction and does not address the broader 2020 amendments, which closed the online-training loophole by requiring "in-person" training. The opinion is also consistent with previously held permits, even expired ones, which preserves the value of past compliance.

Common questions

Q: I let my Virginia concealed handgun permit expire last year. Do I need a fresh in-person training class to apply again?
A: No. Under subdivision (B)(6) of § 18.2-308.02(B), "previously having held a license to carry a firearm in the Commonwealth or a locality thereof" satisfies the in-person competence requirement, as long as the prior permit wasn't revoked for cause. The AG explicitly confirmed this applies to expired permits.

Q: My Virginia permit was revoked for cause. Can I still rely on it for renewal proof?
A: No. The subdivision the opinion relies on excludes a license "revoked for cause." You would need to satisfy one of the other methods listed in § 18.2-308.02(B) for demonstrating competence in person.

Q: What documentation does the clerk need at renewal?
A: Only what the application form allows. The opinion quotes the statute's instruction that "[n]o information or documentation other than that which is allowed on the application in accordance with this section may be requested or required by the clerk or the court," so the clerk cannot demand proof of fresh in-person training at renewal.

Q: Can I renew before my permit expires?
A: Yes, § 18.2-308.010 allows pre-expiration renewal, and the clerk handles renewal under the same procedures as initial applications, including mail-in renewal.

Q: How long is the permit good for?
A: Five years, under § 18.2-308.010.

Q: Does this opinion change the rules for first-time applicants?
A: No. The opinion only addresses renewal and applicants who previously held a permit. First-time applicants still must satisfy the in-person competence requirement via one of the nine subdivisions in § 18.2-308.02(B).

Background and statutory framework

The opinion explains that § 18.2-308.02(B) requires every applicant to prove they have "demonstrated competence with a handgun in person," and that the General Assembly added the "in person" language in 2020. The statute then sets out nine distinct ways an applicant can satisfy that requirement.

The path relevant here is the one the opinion quotes: competence can be demonstrated by "[o]btaining or previously having held a license to carry a firearm in the Commonwealth or a locality thereof, unless such license has been revoked for cause." The opinion reads that subdivision together with the statute's instruction that "no applicant shall be required to submit to any additional demonstration of competence, nor shall any proof of demonstrated competence expire." From those two provisions, the AG concludes that an existing permit, standing alone, is sufficient proof at renewal, and that the same holds for a previously held permit even if it has expired.

Citations and references

Statutes:

• Va. Code Ann. § 18.2-308.02 (permit application)
• Va. Code Ann. § 18.2-308.010 (renewal and term)
• Va. Code Ann. § 18.2-308.04 (clerk processing)

Cases:

• Chaffins v. Atl. Coast Pipeline, LLC, 293 Va. 564 (2017) (Supreme Court of Virginia): primary objective in statutory construction.
• Young v. Commonwealth, 273 Va. 528 (2007) (Supreme Court of Virginia): statute read as a whole.
• Eberhardt v. Fairfax Cnty. Emps' Ret. Sys. Bd. of Trs., 283 Va. 190 (2012) (Supreme Court of Virginia): harmonious reading of statutory parts.

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/Opinions/2024/24-006-Hall-issued.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain, the linked PDF is authoritative.

COMMONWEALTH of VIRGINIA

Office of the Attorney General

Jason S. Miyares
Attorney General

202 North Ninth Street
Richmond, Virginia 23219
804-786-2071
Fax 804-786-1991
Virginia Relay Services
800-828-1120
7-1-1

March 25, 2024

The Honorable Dezarah Jessee Hall
Clerk of Court
Wise County & City of Norton Circuit Court
206 East Main Street #328
Post Office Box 1248
Wise, Virginia 24293

Dear Ms. Hall:

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 ask whether Virginia Code § 18.2-308.02(B), per its 2020 amendments, requires an individual seeking renewal of an existing concealed handgun permit to provide proof of having attended in-person firearms training.

Response

It is my opinion that § 18.2-308.02(B) does not require an individual who applies for renewal of an existing concealed handgun permit to provide proof of having attended in-person firearms training. An individual with an existing concealed handgun permit need not provide additional proof of competence in order to qualify for renewal.

Applicable Law and Discussion

Applications for a concealed handgun permit must be submitted "in writing to the clerk of the circuit court of the county or city in which [the applicant] resides." Upon submission of a complete application, "[t]he clerk of court shall enter on the application the date on which the application... is received." Virginia law provides that a concealed handgun permit, once issued, is valid for five years. An individual with an existing permit may apply for renewal before the five-year period has expired. An application for renewal must be made in accordance with the procedures outlined in § 18.2-308.02, which are the same as those governing applications for initial permits.

For a permit application to be granted, the terms of § 18.2-308.02(B)

require proof that the applicant has demonstrated competence with a handgun in person and the applicant may demonstrate such competence by one of the following, but no applicant shall be required to submit to any additional demonstration of competence, nor shall any proof of demonstrated competence expire....

The provision then sets forth what forms of proof satisfy the competence requirement. The statute further provides that "[n]o information or documentation other than that which is allowed on the application in accordance with this section may be requested or required by the clerk or the court."

Section 18.2-308.02(B) thus expressly requires all applicants to provide proof of having "demonstrated competence with a handgun in person." The General Assembly added the "in person" language to the statute in 2020. On that basis, you ask whether an individual with an existing permit is now required to present proof of having attended in-person firearms training in order to renew the permit.

The primary objective in construing a statute is to ascertain and give effect to the legislative intent, which "is initially found in the words of the statute itself." Words in a statute, however, are not to be read in isolation; rather the language is to be read in the context of the statute as a whole. Accordingly, the entirety of § 18.2-308.02(B) is to be considered.

Significantly, the statutory provision continues by establishing that an "applicant may demonstrate such competence by one of the following [methods]...." In turn, it enumerates nine distinct ways by which applicants can satisfy the requirement to "demonstrate[] competence... in person." Pertinent to your inquiry, the provision, with the amended language, specifies that "such competence" can be demonstrated by "[o]btaining or previously having held a license to carry a firearm in the Commonwealth or a locality thereof, unless such license has been revoked for cause[.]"

Moreover, § 18.2-308.02(B) further provides that "no applicant shall be required to submit to any additional demonstration of competence, nor shall any proof of demonstrated competence expire[.]" Accordingly, once competence has been demonstrated via any of the specified ways, an applicant need not offer any additional proof.

Reading § 18.2-308.02(B) as a whole and applying standard rules of grammar, I conclude that an applicant with an existing permit need not provide proof of in-person firearms training to successfully renew a permit; an existing permit standing alone is sufficient proof of having demonstrated "competence with a handgun in person." The 2020 amendments thus did not operate to require any additional proof showing that an applicant has attended in-person firearms training in order to renew a permit. The same conclusion applies with respect to any applicant who "previously [has] held a license to carry a firearm in the Commonwealth or a locality thereof." As with individuals seeking to renew an existing permit, individuals who previously have held such a permit, even if now expired, are not required to produce proof of in-person firearms training under current § 18.2-308.02(B).

Conclusion

Accordingly, it is my opinion that Code § 18.2-308.02(B), as amended in 2020, does not require an individual who applies for renewal of an existing concealed handgun permit to provide proof of having attended in-person firearms training. An individual with an existing concealed handgun permit need not provide additional proof of competence in order to qualify for renewal.

With kindest regards, I am,

Very truly yours,

Jason S. Miyares
Attorney General