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President of the People's Republic of China
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For the president of the Republic of China, commonly known as Taiwan, see President of the Republic of China. For the de facto leader of China, see Paramount leader.
"President of the PRC" redirects here. For the leader of Guernsey, see President of the Policy and Resources Committee.
President of the People's Republic of China
中华人民共和国主席
Emblem of the People's Republic of China
Incumbent
Xi Jinping
since 14 March 2013
Style
Mr. President (主席)
(formal)
His Excellency (阁下)
(in international correspondence)
Status
Head of state
Residence
Zhongnanhai
Seat
West Building, Zhongnanhai, Beijing (de jure)
Nominator
the Presidium of the National People's Congress
Appointer
the National People's Congress
Term length
Five years
No term limit
Constituting instrument
Constitution of the People's Republic of China
Inaugural holder
Mao Zedong
as the first President under
the 1954 Constitution
Li Xiannian
as the first President under
the 1982 Constitution
Formation
27 September 1954
18 June 1983
Abolished
January 1975 – December 1982
Deputy
Vice President
Website
Presidency
President of the People's Republic of China
Simplified Chinese
中华人民共和国主席
Traditional Chinese
中華人民共和國主席
Literal meaning
Chinese People Republic Chairperson
[show]Transcriptions
Standard Mandarin
Hanyu Pinyin
Zhōnghuá Rénmín Gònghéguó Zhǔxí
Alternative Chinese name
Simplified Chinese
国家主席
Traditional Chinese
國家主席
Literal meaning
State Chairperson
[show]Transcriptions
Standard Mandarin
Hanyu Pinyin
Guójiā Zhǔxí
This article is part of a series on the
Politics of the
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Paramount leader: Xi Jinping
Communist Party leader: Xi Jinping
Head of state: Xi Jinping
Head of government: Li Keqiang
Congress Chairman: Li Zhanshu
Conference Chairman: Wang Yang
Commander-in-chief: Xi Jinping
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Top-ranked secretary: Wang Huning
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Chairman: Xi Jinping
Vice-Chairmen:
Xu Qiliang, Zhang Youxia
National Security Commission
Chairman: Xi Jinping
Vice－Chairmen:
Li Keqiang, Li Zhanshu
Office Chief: Ding Xuexiang
Comprehensively Deepening Reforms Commission
Director: Xi Jinping
Deputy directors:
Li Keqiang, Wang Huning, Han Zheng
Secretary-General: Wang Huning
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Director: Xi Jinping
Deputy director: Li Keqiang
Office Chief: Liu He
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Director: Ding Xuexiang
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Chief: Ding Xuexiang
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Head: Chen Xi
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Secretary: Zhao Leji
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Chairman: Wang Yang
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Top-ranked: Zhang Qingli
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Political parties:
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Head: You Quan
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[show]
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Chairman: Li Zhanshu
Vice-Chairpersons
Top-ranked: Wang Chen
Secretary-General: Yang Zhenwu (zh)
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Legislation Law
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Presidency[hide]
President (list): Xi Jinping
Presidential spouse: Peng Liyuan
Presidential Office (zh)
Chief: Ding Xuexiang
Vice-President: Wang Qishan
Executive[show]
State Council (Li Keqiang Cabinet II)
Premier (list): Li Keqiang
Vice-Premiers (list)
Han Zheng
Sun Chunlan
Hu Chunhua
Liu He
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Wei Fenghe
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Secretary-General: Xiao Jie
Deputy Secretary-Generals
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Military[show]
Central Military Commission (CMC)
Chairman (supreme commander):
Xi Jinping
Vice-Chairmen:
Xu Qiliang
Zhang Youxia
Members:
Wei Fenghe
Li Zuocheng
Miao Hua
Zhang Shengmin
Departments:
Joint Staff (Chief: Li Zuocheng)
Political Work (Director: Miao Hua)
Logistic Support
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Training & Administration
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National armed forces:
People's Liberation Army
Theater commands
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China Coast Guard
Militia
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Chairman: Li Keqiang
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Minister: Wei Fenghe
Ministry of Veterans Affairs
State Administration for Sci., Tech. & Industry for National Defence
Military history
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Military reform since 2015
CMC Leading Group for Military Reform
Leader: Xi Jinping
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Corruption in China
Anti-corruption campaign since 2012
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Secretary: Zhao Leji
Deputy Secretaries
Yang Xiaodu
Zhang Shengmin
Liu Jinguo
Yang Xiaochao
Li Shulei
Xu Lingyi
Xiao Pei
Chen Xiaojiang
Secretary-General: Yang Xiaochao
National Supervisory Commission
Director: Yang Xiaodu
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Leader: Zhao Leji
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Secretary: Zhang Shengmin
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[show]
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Secretary: Guo Shengkun
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President: Zhou Qiang
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Procurator-General: Zhang Jun
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Minister: Zhao Kezhi
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Minister: Chen Wenqing
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Minister: Fu Zhenghua
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Central Leading Group for Propaganda and Ideology
Leader: Wang Huning
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Director: Wang Huning
Office Chief: Huang Kunming
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Head: Huang Kunming
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Director: Xi Jinping
Deputy director: Li Keqiang
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Director: Xu Lin
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Leader: Xi Jinping
Deputy Leader: Wang Yang
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Director: Zhang Zhijun
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Leader: Han Zheng
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Chief Executive: Chui Sai On
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Director: Xi Jinping
Deputy Director: Li Keqiang
Secretary-General: Yang Jiechi
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Minister: Wang Yi
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Atlas
v
t
e
The President of the People's Republic of China is the head of state of the People's Republic of China. Under the country's constitution, the presidency is a largely ceremonial office with limited powers.[1][2] However, since 1993, as a matter of convention, the presidency has been held simultaneously by the General Secretary of the Communist Party of China,[3] the top leader in the one party system.[a][4] The office is officially regarded as an institution of the state rather than an administrative post; theoretically, the President serves at the pleasure of the National People's Congress, the legislature, and is not legally vested to take executive action on its own prerogative.[b] The current President is Xi Jinping, who took office in March 2013.[c]
Since 1993, apart from brief periods of transition, the top leader of China simultaneously serves as the President, the head of the party, and the commander-in-chief of the military (as Chairman of the Central Military Commission). This individual then carries out different duties under separate titles. For example, the leader meets foreign dignitaries and receives ambassadors in his capacity as President, issues military directives as Chairman of the Central Military Commission, and upholds party rule through the office of General Secretary.
The office was first established in the Constitution of the People's Republic of China in 1954 and successively held by Mao Zedong and Liu Shaoqi. Liu fell into political disgrace during the Cultural Revolution, after which the office became vacant. The office was abolished under the Constitution of 1975, then reinstated in the Constitution of 1982, but with reduced powers. The official English-language translation of the title was "Chairman"; after 1982, this translation was changed to "President", although the Chinese title remains unchanged.[d] Therefore the title "President" in this case does not mean the same as in the United States or other Presidential systems, but rather as an approximation in terms of its power compared with parliamentary systems.
Between 1982 and 2018, the constitution stipulated that the president could not serve more than two consecutive terms.[2] During the Mao era and also since 2018, there were no term limits attached to this office.[5]
Contents
[hide]
1 Qualifications and election
2 Powers and duties
3 Political ranking
4 History
4.1 Establishment in 1954
4.2 History up to 1974
4.3 Abolition in 1975
4.4 Restoration in 1982
5 List of heads of state
5.1 Timeline
5.2 Chairmen/presidents
5.3 Other heads of state
5.4 Statistics
5.5 Living former presidents
6 President's spouse
7 Notes
8 References
9 External links
10 See also
Qualifications and election[edit]
According to the current Constitution of the People's Republic of China, the President must be a Chinese citizen with full electoral rights who has reached the age of 45.
The President is elected by the National People's Congress (NPC), China's highest state body, which also has the power to remove the President and other state officers from office. Elections and removals are decided by a simple majority vote.[6]
According to the Organic Law of the NPC, the President is nominated by the NPC Presidium, the Congress's executive organ.[7] In practice, however, the ruling Communist Party of China reserves the post of President for its current General Secretary. Like all officers of state elected by the NPC, the President is elected from a one name ballot.
In the event that the office of President falls vacant, the Vice-President succeeds to the office. In the event that both offices fall vacant, the Chairman of the NPC Standing Committee temporarily acts as President until the NPC can elect a new President and Vice-President.[8]
Prior to March 2018, the President and Vice President were limited to two consecutive terms. However these limits were removed at the 2018 National People's Congress.[9]
Powers and duties[edit]
Under the current constitution, instated in 1982 with minor revisions in later years, the President has the power to promulgate laws, select and dismiss the Premier (prime minister) as well as the ministers of the State Council, grant presidential pardons, declares a state of emergency, issue mass mobilization orders, and issue state honours. In addition, the President names and dismisses ambassadors to foreign countries, signs and annuls treaties with foreign entities. According to the Constitution, all of these powers require the approval or confirmation of the National People's Congress. The President also conducts state visits on behalf of the People's Republic. Under the constitution the "state visit" clause is the only presidential power that does not stipulate any form of oversight from the National People's Congress. As the vast majority of presidential powers are dependent on the ratification of the NPC, the President is, in essence, a symbolic post without any direct say in the governance of state. It is therefore conceived to mainly function as an symbolic institution of the state rather than an office with true executive powers.[10]
In theory, the President has discretion over the selection of the Premier, though in practice the Premier has historically been selected through the top-level discussions of the Communist Party of China. Upon the nomination of the Premier, the NPC convenes to confirm the nomination, but since only one name is on the ballot, it can only approve or reject. To date, it has never rejected a personnel nomination.[11] Since the Premier, the head of government in China, is the most important political appointment in the Chinese government, the nomination power, under some circumstances, may give the President real political influence.[12]
Political ranking[edit]
Main article: Orders of precedence in the People's Republic of China
For President Liu Shaoqi, he was also the first Vice Chairman of the Communist Party of China, ranked second in the Communist Party of China, behind Chairman Mao Zedong.[13] For President Li Xiannian, he was also the 5th ranked member of the Politburo Standing Committee, after CPC General Secretary and Premier.[14] For President Yang Shangkun, he was not a member of Politburo Standing Committee, but he ranked third after General Secretary Zhao Ziyang and Deng Xiaoping.[15] Since Jiang Zemin, the President is also the General Secretary of the Communist Party of China, ranking first in Party and State.[16]
History[edit]
Establishment in 1954[edit]
The office of State Chairman (the original English translation, as noted above) was first established under China's 1954 Constitution. The ceremonial powers of the office were largely identical to those in the current Constitution.[17]
The powers of the 1954 office differed from those of the current office in two areas: military and governmental. The State Chairman's military powers were defined in the 1954 Constitution as follows: "The Chairman of the People's Republic of China commands the armed forces of the state, and is Chairman of the National Defence Council (Chinese: 国防委员会)."[18] The National Defence Council was unique to the 1954 Constitution, and was mandated as the civil command for the People's Liberation Army. It was abolished under the 1975 Constitution.
The State Chairman's governmental powers were defined in the 1954 Constitution as follows: "The Chairman of the People's Republic of China, whenever necessary, convenes a Supreme State Conference (Chinese: 最高国务会议) and acts as its chairman." The members of the Supreme State Conference included the main officers of state, and its views were to be presented to the main organs of state and government, including the National People's Congress and the State and National Defense Councils.[19] The Supreme State Conference was also unique to the 1954 Constitution. It was abolished under the 1975 Constitution and later Constitutions have not included a similar body.
History up to 1974[edit]
Mao Zedong was the first to hold the office of State Chairman. He was elected at the founding session of the National People's Congress in 1955. At the 2nd NPC in 1959, Mao was succeeded by Liu Shaoqi, first Vice Chairman of the Communist Party. Liu was reelected as State Chairman at the 3rd NPC in Jan 1965. However, in 1966, Mao launched the Cultural Revolution and by August 1966 Mao and his supporters succeeding in removing Liu from his position as party Vice Chairman. A few months later Liu was apparently placed under house arrest, and after a prolonged power struggle the 12th Plenum of the 8th Communist Party Congress stripped Liu Shaoqi of all his party and non-party positions on October 31, 1968, including the post of State Chairman. This was in violation of the Constitution, which required a vote by the NPC to remove the State Chairman.
From Liu's removal in 1968 until 1972, the office of State Chairman was vacant. From 1972 to 1975, however, state media referred to Vice State Chairman Dong Biwu as "acting State Chairman."
Abolition in 1975[edit]
When the 4th NPC was convened in 1975, its main act was to adopt a new Constitution which eliminated the office of State Chairman and emphasized instead the leadership of the Communist Party over the state, including an article that made the Party Chairman Supreme Commander of the PLA in concurrence as Chairman of the Party CMC.[20] The 5th NPC was convened two years early, in 1978, and a third Constitution was adopted, which also lacked the office of State Chairman. The office was finally reinstated in the fourth Constitution, adopted by the 5th Session of the 5th NPC in 1982. The title of the office (guojia zhuxi) was unchanged in the Chinese text, but a new English translation of "President of the People's Republic of China" was adopted.
Restoration in 1982[edit]
In the 1982 Constitution, the President was conceived of as a figurehead of state with actual state power resting in the hands of the General Secretary of the Communist Party and the Premier, and all three posts were designed to be held by separate people. The President therefore held minor responsibilities such as greeting foreign dignitaries and signing the appointment of embassy staff, and did not intervene in the affairs of the State Council or the Party. In the original 1982 Constitution plan, the Party would develop policy, the state would execute it, and the power would be divided to prevent a cult of personality from forming as it did with the case of Mao Zedong. Thus in 1982, China perceivably had four main leaders: Hu Yaobang, the Party General Secretary; Zhao Ziyang, the Premier; Li Xiannian, the President; and Deng Xiaoping, the "Paramount Leader", holding title of the Chairman of the Central Military Commission and was overall commander-in-chief of the armed forces. The current political structure of Vietnam is similar to the structure China followed in the 1980s.
In the 1990s, the experiment of separating party and state posts, which led to conflict during the Tiananmen Square protests of 1989, was terminated. In 1993, the post of President was taken by Jiang Zemin, who as General Secretary of the Communist Party and Chairman of the Central Military Commission, became the undisputed top leader of the party and the state. When Jiang Zemin stepped down in 2003, the offices of General Secretary and President were once again both given to one man, then Vice-President Hu Jintao, the first Vice President to assume the office. In turn, Hu vacated both offices for Xi Jinping in 2012 and 2013. Under Xi, the term limits for the President were removed.[9] This was widely interpreted as part of an expansion of Xi's power, effectively extending his tenure as China's paramount leader indefinitely.[9]
List of heads of state[edit]
For a more comprehensive list, see List of Presidents of the People's Republic of China.
Timeline[edit]
↓P. of C.Gov
↓President of China
↓Acting Presidents
↓Abolished in law
↓Honorary President
↓Restored
Mao Zedong
Liu Shaoqi
Soong
& Dong
Dong Biwu
N/A
Soong Ching-ling
N/A
Li Xiannian
Yang Shangkun
Jiang Zemin
Hu Jintao
Xi Jinping
│
1949.83
│
1959.83
│
1969.83
│
1979.83
│
1989.83
│
1999.83
│
2009.83
Chairmen/presidents[edit]
Mao Zedong
1st Chairman
(20 March 1943 – 28 September 1958)
Liu Shaoqi
2nd Chairman
(27 April 1959 – 31 October 1968)
Dong Biwu
Acting Chairman
(24 February 1972 – 17 January 1975)
Song Qingling
Honorary President
(16 May 1981 – 28 May 1981)
Yang Shangkun
4th President
(8 April 1988 – 27 March 1993)
Jiang Zemin
5th President
(27 March 1993 – 15 March 2003)
Hu Jintao
6th President
(15 March 2003 – 14 March 2013)
Xi Jinping
7th President
(14 March 2013 – present)
Other heads of state[edit]
Zhu De
Chairman of the Standing Committee of the National People's Congress (1975–1976)
Song Qingling
Acting Chairwoman of the Standing Committee of the National People's Congress (1976–1978)
Ye Jianying
Chairman of the Standing Committee of the National People's Congress (1978–1983)
Statistics[edit]
#
President
Date of birth
Age at ascension
(first term)
Time in office
(total)
Age at retirement
(last term)
Date of death
Longevity
1 Zedong, MaoMao Zedong 18931226December 26, 1893(December 26, 1893) 60 27560 years, 275 days 04 2124 years, 212 days 64 12264 years, 122 days 19760909September 9, 1976 7004302070000000000♠30,20782 years, 258 days
2 Shaoqi, LiuLiu Shaoqi 18981124November 24, 1898(November 24, 1898) 60 15460 years, 154 days 09 1879 years, 187 days 69 34269 years, 342 days 19691112November 12, 1969 7004259200000000000♠25,92070 years, 353 days
Presidency vacant
acting Biwu, DongDong Biwu 18860305March 5, 1886(March 5, 1886) 85 35685 years, 356 days 02 3272 years, 327 days 88 31888 years, 318 days 19750402April 2, 1975 7004325340000000000♠32,53489 years, 28 days
acting Ching-ling, SoongSoong Ching-ling 18930127January 27, 1893(January 27, 1893) 83 16183 years, 161 days 01 2421 years, 242 days 85 03785 years, 37 days 19810529May 29, 1981 7004322630000000000♠32,26388 years, 122 days
Presidency abolished
3 Xiannian, LiLi Xiannian 19090623June 23, 1909(June 23, 1909) 73 36073 years, 360 days 04 2954 years, 295 days 78 29078 years, 290 days 19920621June 21, 1992 7004303140000000000♠30,31482 years, 364 days
4 Shangkun, YangYang Shangkun 19070803August 3, 1907(August 3, 1907) 80 25080 years, 250 days 04 3524 years, 352 days 85 23685 years, 236 days 19980914September 14, 1998 7004332800000000000♠33,28091 years, 42 days
5 Zemin, JiangJiang Zemin 19260817August 17, 1926(August 17, 1926) 66 22266 years, 222 days 09 3539 years, 353 days 76 21076 years, 210 days Living 7004335240000000000♠33,5247004335240000000000♠91 years, 286 days (Living)
6 Jintao, HuHu Jintao 19421221December 21, 1942(December 21, 1942) 60 08460 years, 84 days 09 36410 years, 0 days 70 08470 years, 84 days Living 7004275540000000000♠27,5547004275540000000000♠75 years, 160 days (Living)
7 Jinping, XiXi Jinping 19530615June 15, 1953(June 15, 1953) 7004218217500000000♠59 years, 272 days 7003190300000000000♠7003190300000000000♠5 years, 77 days (Ongoing) Incumbent Living 7004237250000000000♠23,7257004237250000000000♠64 years, 349 days (Living)
Living former presidents[edit]
There are two living former presidents:
Jiang Zemin
(1993–2003)
(1926-08-17) August 17, 1926 (age 91)
Hu Jintao
(2003–2013)
(1942-12-21) December 21, 1942 (age 75)
President's spouse[edit]
Main article: Spouse of the President of the People's Republic of China
Since the first president, seven had a spouse during term of office.
№
Spouse
President
Tenure
1 Jiang Qing Mao Zedong 1 October 1949 – 27 April 1959
2 Wang Guangmei Liu Shaoqi 27 April 1959 – 31 October 1968
3 Lin Jiamei Li Xiannian 18 June 1983 – 8 April 1988
4 Li Bozhao Yang Shangkun 8 April 1988 – 27 March 1993
5 Wang Yeping Jiang Zemin 27 March 1993 – 15 March 2003
6 Liu Yongqing Hu Jintao 15 March 2003 – 14 March 2013
7 Peng Liyuan Xi Jinping 14 March 2013 – Incumbent
Notes[edit]
Jump up ^ "Xi's here to stay: China leader tipped to outstay term". Daily Mail. 2016-08-09. "A lot of analysts now see it as a given" that Xi will seek to stay party general secretary, the country's most powerful post, said Christopher K. Johnson, a former CIA analyst and now China specialist at the Washington-based Center for Strategic and International Studies.
Jump up ^ It is listed as such in the current Constitution; it is thus equivalent to organs such as the State Council, rather than to offices such as that of the Premier.
Jump up ^ "Does Chinese leader Xi Jinping plan to hang on to power for more than 10 years?". 6 October 2017. If Xi relinquished the presidency in 2023 but remained party chief and chairman of the Central Military commission (CMC), his successor as president would be nothing more than a symbolic figure... “Once the president is neither the party’s general secretary nor the CMC chairman, he or she will be hollowed out, just like a body without a soul.”
Jump up ^ In Chinese the President of the PRC is termed zhǔxí while the Presidents of other countries are termed zǒngtǒng. Furthermore zhǔxí continues to have the meaning of "chairman" in a generic context.
References[edit]
Jump up ^ Chris Buckley and Adam Wu (10 March 2018). "Ending Term Limits for China's Xi Is a Big Deal. Here's Why. - Is the presidency powerful in China?". New York Times. In China, the political job that matters most is the general secretary of the Communist Party. The party controls the military and domestic security forces, and sets the policies that the government carries out. China’s presidency lacks the authority of the American and French presidencies. CS1 maint: Uses authors parameter (link)
^ Jump up to: a b Krishna Kanta Handique State Open University, EXECUTIVE: THE PRESIDENT OF THE CHINESE REPUBLIC.
Jump up ^ "A simple guide to the Chinese government". South China Morning Post. Xi Jinping is the most powerful figure in the Chinese political system. He is the President of China, but his real influence comes from his position as the General Secretary of the Chinese Communist Party.
Jump up ^ "China sets stage for Xi to stay in office indefinitely". Reuters. 2018-02-25. However, the role of party chief is more senior than that of president. At some point, Xi could be given a party position that also enables him to stay on as long as he likes.
Jump up ^ "CPC proposes change on Chinese president's term in Constitution - Xinhua - English.news.cn". www.xinhuanet.com.
Jump up ^ Constitution of the People's Republic of China, Articles 62, 63.
Jump up ^ "Organic Law of the National People's Congress of the PRC". Retrieved 2013-07-03. , Article 13.
Jump up ^ Constitution of the People's Republic of China, Article 84.
^ Jump up to: a b c "China approves 'president for life' change". BBC News. 11 March 2018. Retrieved 11 March 2018.
Jump up ^ Constitution of the People's Republic of China, Article 62, Section 5. The NPC does no itself have the power to nominate the Premier.
Jump up ^ Yew, Chiew Ping; Gang Chen (2010-03-13). China's National People's Congress 2010: Addressing Challenges With No Breakthrough in Legislative Assertiveness (PDF). Background Brief. Singapore: East Asian Institute. Retrieved 2013-07-03.
Jump up ^ Weng, Byron (September 1982). "Some Key Aspects of the 1982 Draft Constitution of the People's Republic of China". The China Quarterly (91): 492–506. JSTOR 653370.
Jump up ^ Mathews, Jay (4 March 1980). "5 Children of Liu Shaoqi Detail Years in Disfavor". Washington Post. Retrieved 12 March 2018.
Jump up ^ "Li Xiannian: China's new president". UPI. 18 June 1983. Retrieved 12 March 2018.
Jump up ^ Del Vecchio, Mark S. "Yang Shangkun elected Chinese president". UPI. Retrieved 12 March 2018.
Jump up ^ "Jiang Zemin to have lower rank in Communist party". The Telegraph. 2013. Retrieved 12 March 2018.
Jump up ^ Constitution of the People's Republic of China, 1954, Articles 40–42.
Jump up ^ Constitution of the People's Republic of China, Article 43.
Jump up ^ Constitution of the People's Republic of China, Article 44.
Jump up ^ Cohen, Jerome Alan (1978-12-01). "China's Changing Constitution". The China Quarterly (76): 794–841. ISSN 0305-7410. JSTOR 652647.
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Gun laws in Virginia
From Wikipedia, the free encyclopedia
Jump to: navigation, search
Location of Virginia in the United States
Gun laws in Virginia regulate the sale, possession, and use of firearms and ammunition in the Commonwealth of Virginia in the United States.[1][2]
Contents
[hide]
1 Summary table
2 Overview
3 See also
4 External links
5 References
Summary table[edit]
Subject/Law
Long Guns
Handguns
Relevant Statutes
Notes
Permit to purchase required? No No
Firearm registration? No No § 18.2-295 Fully-automatic firearms (machine guns) are required to be registered with the state police.
Owner license required? No No Proof of age and citizenship required for the purchase of "assault weapons".
Concealed carry permits required? No Yes § 18.2-308 Virginia is a "shall issue" state for concealed carry. Permits are issued to non-residents and training is permitted online or in person.
Open carry permitted? Yes Yes § 15.2-915.2
§ 18.2-287.4
§ 18.2-282
Open carry is generally allowed without a permit for people 18 years of age and older. The following cities and counties have exceptions that disallow the open carry of "assault weapons" (any firearm that is equipped with a magazine that will hold more than 20 rounds of ammunition or is designed by the manufacturer to accommodate a silencer or equipped with a folding stock) or shotguns equipped with a magazine that holds more than 7 rounds: the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, and Virginia Beach and in the Counties of Arlington, Fairfax, Henrico, Loudoun, and Prince William. These restrictions do not apply to valid concealed carry permit holders. Stated differently, you may open carry an assault weapon/shotgun with more than 7 rounds with a permit in the aforementioned locations, but do not need a permit to do so in any other locality in Virginia.
For open carry in a vehicle, the firearm must be "properly secured in a container or compartment within the vehicle" (ie glove box, center console, trunk, etc). The container/compartment does not have to be locked, the firearm may be within the reach of the driver or a passenger, and the firearm may be loaded. This does not preempt an employer from prohibiting firearms "at a place of employment if there is a company policy or signage prohibiting firearms on the premises."[3] Furthermore, a "county or city may by ordinance make it unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road, or highway within such locality." However, this does not "apply to duly authorized law-enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business."
In addition, a firearm may be considered "open carry" in a vehicle if the firearm is openly visible, though this is not as well established as the "secured in a container/compartment" rule.
State preemption of local restrictions? Yes Yes § 15.2-915 Virginia has state preemption for most but not all firearm laws.
Rifle weapon law? Yes Yes § 18.2-308.2:2
§ 18.2-308.2:01 § 18.2-308.7
Proof of age (18+ for long arms, 21+ for pistols) and proof of citizenship (or permanent residence license) are required for the purchase of "assault weapons". "Assault weapons" are defined as a semi-automatic, centerfire, firearm equipped with a folding stock, or equipped at the time with a magazine capable of holding more than 20 rounds, or capable of accommodating a silencer/suppressor.
Magazine restriction? No No § 18.2-287.4
§ 18.2-282.
Magazines capable of holding more than 20 rounds are legal but, they make the firearm an "assault weapon", subject to law accordingly.
NFA weapons restricted? No No § 18.2-308.8
§ 18.2-308.5
§ 18.2-295 Fully-automatic firearms (machine guns) must be registered with the state police. Plastic firearms and some destructive devices (such as the striker 12 shotgun) are prohibited outside law enforcement. SBS, SBR, AOWs, and suppressors are legal with NFA paperwork.
Background checks required for private sales? No No
Gun laws in Virginia
Constitution
Constitution sections
Article I, §13.
[show]
Synopsis
"[...] the right of the people to keep and bear arms shall not be infringed; [...]"
Preemption and local regulation
Preemption sections
§ 15.2-915.,
§ 15.2–915.1.,
§ 15.2–915.2.,
§ 15.2–915.4.,
§ 15.2-914.
[show]
Synopsis
Localities may regulate the transportation of a loaded rifle or shotgun, regulate the use of pneumatic guns, and the possession and storage of firearms by persons who provide child-care services.
Registration
Ownership registration sections
§ 18.2–295.
[show]
Synopsis
Machine guns must be registered with the Virginia State Police.[4]
[show]
Purchase registration
No purchase registration
[show]
Lost/stolen registration
No lost/stolen registration
Restricted or prohibited items
Restricted firearms sections
§ 18.2–308.8.,
§ 18.2–308.5.
[show]
Synopsis
Armsel Striker, also known as the Striker 12, and similar shotguns are prohibited. Plastic firearms are prohibited.
[show]
Restricted ammunition
No restricted ammunition
[show]
Restricted accessories
No restricted accessories
Restricted or prohibited places
Restricted places sections
§ 18.2–283.,
AG Opinion 11-043,
§ 18.2–283.1.,
§ 18.2–287.01.,
§ 18.2–287.4.,
§ 18.2–308.1.,
4VAC15-40-60.,
4VAC10-30-170.,
8VAC35-60-20.
GA JRC Rule,
§ 18.2–308.
[show]
Synopsis
Places of religious worship, without good and sufficient reason. The Attorney General has opined that personal protection constitutes a good and sufficient reason.
Courthouses.
Air carrier airport terminals.
Certain high-capacity firearms in public places in certain counties and cities; except certain persons.
Public, private or religious elementary, middle or high schools and associated buildings, grounds, buses, and events; except certain persons.
On George Mason University property in academic buildings, administrative office buildings, student residence buildings, dining facilities, or while attending sporting, entertainment or educational events; except police officers.
Anywhere on a Virginia Commonwealth University campus, without the written authorization of the president of the university; except persons whose duties lawfully require the possession of firearms.
The Capitol and the General Assembly building; except for members of the General Assembly, persons with concealed handgun permits, and law enforcement personnel.
Private property where prohibited by the owner.
Restricted or prohibited persons
Underage persons sections
§ 18.2–56.2.,
§ 18.2–308.7.
[show]
Synopsis
Persons under the age of 12, except while supervised.
Persons over the age of 12, but under the age of 18, except while supervised; or unsupervised with parental and property owner permission.
Alien persons sections
§ 18.2–308.2:01.
[show]
Synopsis
Persons who are not lawfully present in the United States may not possess, transport or carry any firearm.
Persons who are not citizens or lawful permanent residents may not possess an "assault firearm."
Restricted persons sections
§ 18.2–308.1:1.,
§ 18.2–308.1:2.,
§ 18.2–308.1:3.,
§ 18.2–308.1:4.
[show]
Synopsis
Persons acquitted by reason of insanity.
Persons adjudicated legally incompetent, mentally incapacitated.
Persons involuntarily admitted to a facility or ordered to mandatory outpatient treatment.
Persons subject to protective orders.
Convicted persons sections
§ 18.2–290.,
§ 18.2–308.1:5.,
§ 18.2–308.2.
[show]
Synopsis
Persons convicted of a crime of violence in any court of record may not possess a machine gun.
Persons convicted of certain drug offenses; for a period of five years.
Persons who have been convicted of a felony, kidnapping, robbery by the threat or presentation of firearms, or rape.
Manufacturing
Manufacturing regulations sections
§ 18.2–294.,
§ 18.2–304.,
§ 18.2–308.5.
[show]
Synopsis
Manufacturers must keep a record of all machine guns, sawed-off rifles and sawed-off shotguns that they manufacture.
Manufacturers are subject to police inspection of their stock of machine guns, sawed-off rifles, and sawed-off shotguns.
It is unlawful to manufacture firearms containing less than 3.7 ounces of electromagnetically detectable metal in the barrel, slide, cylinder, frame or receiver.
Sale, purchase, and transfer
Dealer regulations sections
§ 18.2–294.,
§ 18.2–304.,
§ 18.2–308.2:1.,
§ 18.2–308.2:3.
§ 18.2–308.2:2.,
[show]
Synopsis
Dealers are subject to police inspection of their stock of machine guns, sawed-off rifles, and sawed-off shotguns.
Dealers may not sell or otherwise furnish firearms to any person he knows is prohibited from possessing or transporting a firearm.
Criminal background checks of employees of gun dealers are required before they may transfer firearms.
Criminal history record information check required for the transfer of certain firearms.
Non-residents may purchase rifle and shotguns only
Private sale regulations sections
§ 18.2–308.2:1.,
§ 18.2–308.2:2.
[show]
Synopsis
Private sellers may not sell or otherwise furnish firearms to any person he knows is prohibited from possessing or transporting a firearm.
Private sellers may sell long guns and handguns.
Transportation and carry
Transportation restrictions sections
§ 15.2–915.2.,
§ 18.2–308.
[show]
Synopsis
Localities may regulate the transportation of a loaded rifle or shotgun.
Persons lawfully possessing a handgun may transport such handgun loaded and in a secure compartment in a vehicle or vessel.
Open carry restrictions sections
§ 18.2–308.
[show]
Synopsis
There is no law against a law-abiding citizen openly carrying a firearm, therefore it is legal and no permit or license is required.[5]
"Open carry" is the carrying of a firearm that is not concealed. Virginia defines concealed as "hidden from common observation" and "a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature."
Concealed carry restrictions sections
§ 18.2–308,
§ 18.2–308.012
[show]
Synopsis
Only persons who hold certain positions, comply with certain rules or restrictions, and/or who have a Concealed Handgun Permit (CHP) may carry concealed handguns.
Virginia issues a CHP to residents and non-residents.
CHP applicants must provide proof of demonstrated competence with a handgun.
Some persons are deemed disqualified from obtaining a CHP, even though they may lawfully possess and carry a firearm.
Virginia maintains concealed handgun permit reciprocity with other States and recognizes some licenses from other States without a formal reciprocity agreement. The list of such states is maintained by the Virginia State Police.[6]
Consuming an alcoholic beverage in ABC on-premises licensed restaurants and clubs, while carrying a concealed handgun, is prohibited. Openly carrying and consuming an alcoholic beverage is permitted. No person may carry a concealed handgun in a public place while under the influence of alcohol or illegal drugs.
§ 18.2–308, which regulates concealed weapons, shall not apply to any person while in his own place of abode or the curtilage thereof.
Except as provided in subsection J1, being "under the influence", § 18.2–308 shall not apply to:
Any person while in his own place of business;
Any person who may lawfully possess a firearm and is carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel;
Certain current and retired law-enforcement officers and certain State employees.
Overview[edit]
The Constitution of Virginia protects the right of the people to keep and bear arms from government infringement.[7] The Commonwealth of Virginia preempts local regulation of several aspects of firearms, though some local regulation is explicitly permitted. Virginia passed the Uniform Machine Gun Act, which was drafted by the National Conference of Commissioners on Uniform State Laws.[8][9] The only firearms in Virginia that are prohibited are the Armsel Striker, also known as the Striker 12, similar shotguns, and any "plastic firearms." Firearms must contain at least 3.7 ounces of electromagnetically detectable metal in the barrel, slide, cylinder, frame or receiver, and when subjected to x-ray machines, generate an image that accurately depicts their shape.[10] For example, Glock pistols which have polymer frames and metal slides and barrels are legal. There are no magazine capacity limitations, except that a concealed handgun permit (CHP) is required in order to carry magazines with more than 20 rounds in some urban, public areas.[1][2]
Prohibited places include courthouses, air carrier terminals, schools, Capitol and General Assembly buildings (open carrying only, members of the General Assembly and those with a valid CHP are permitted in the Capitol General Assembly buildings), and churches, though some exceptions apply, including a 2011 Attorney General opinion that personal protection constitutes good and sufficient reason to carry at a church.[11] George Mason University, Virginia Commonwealth University, and Virginia Polytechnic University (Virginia Tech) currently possess rules that prohibit firearms on school property.
A 2006 opinion issued by State Attorney General Robert F. McDonnell stated “...the governing boards of Virginia’s public colleges and universities may not impose a general prohibition on the carrying of concealed weapons by permitted individuals... Pursuant to specific grants of statutory authority, however, it is my opinion that colleges and universities may regulate the conduct of students and employees to prohibit them from carrying concealed weapons on campus.”[12]
In 2011, the Virginia Supreme Court found that the language used by George Mason University (GMU) to “...not impose a total ban of weapons on campus. Rather, the regulation is tailored, restricting weapons only in those places where people congregate and are most vulnerable – inside campus buildings and at campus events. Individuals may still carry or possess weapons on the open grounds of GMU, and in other places on campus not enumerated in the regulation.”[12]
There are age restrictions on the possession of firearms and some people are prohibited from possessing firearms due to certain criminal convictions. Licensed dealers must have the Virginia State Police conduct a background check prior to completing the sale of certain firearms. Persons who are not in the business of selling firearms, but make occasional, private sales, are not required to perform a background check before selling their firearms. Before July 1, 2012, a person could not purchase more than one handgun per 30-day period, though some exceptions applied; most significantly, holders of valid Concealed Handgun Permits (CHP) from Virginia were exempt from this restriction.[1][2] The bill that repealed the "one-handgun-a-month law" was signed into law by Governor Bob McDonnell on February 28 of that year.[13]
Open carry of a handgun without a permit is legal in Virginia at age 18, withstanding other applicable laws. Concealed carry of a handgun is allowed for persons who hold a valid CHP (concealed handgun permit), comply with certain restrictions, or who hold certain positions. Virginia shall issue a CHP to applicants 21 years of age or older, provided that they meet certain safety training requirements and do not have any disqualifying criminal convictions. Consuming an alcoholic beverage in ABC on-premises licensed restaurants and clubs, while carrying a concealed handgun, is prohibited; nor may any person carry a concealed handgun in a public place while under the influence of alcohol or illegal drugs. Any person permitted to carry a concealed firearm may not carry one in such manner in a public place while intoxicated. Possession of a firearm can compound the penalty for various other offenses, including illegal drug possession. Open carry while intoxicated is not addressed in the law and can presumed to be legal unless otherwise specified.[14][1][2][15]
There are some restrictions on the use of weapons. Brandishing a firearm is punishable by up to a year in jail.[16]
See also[edit]
Law of Virginia
External links[edit]
""Crimes Involving Health and Safety". Legislative Information System. Virginia General Assembly.
"Virginia Gun Laws Summary". National Rifle Association Institute for Legislative Action. March 2, 2016.
Jouvenal, Justin; Lamothe, Dan. "Senior Navy official charged with pointing gun at men during argument". The Washington Post. July 19, 2016.
References[edit]
^ Jump up to: a b c d "Gun Laws: Virginia". National Rifle Association – Institute for Legislative Action. 2012-07-25. Retrieved 2012-12-30.
^ Jump up to: a b c d "Virginia State Law Summary". Law Center to Prevent Gun Violence. 2012-01-01. Retrieved 2012-12-30.
Jump up ^ "Attorney General Opinion" (PDF).
Jump up ^ http://www.vsp.state.va.us/Firearms_MachineGun.shtm
Jump up ^ "Virginia State Police Letter Confirming Legality of Open Carry" (PDF). Retrieved 2011-12-23.
Jump up ^ "Virginia State Police – Firearms Reciprocity/Recognition". Vsp.state.va.us. Retrieved 2011-12-23.
Jump up ^ "Article I, Section 13. Militia; standing armies; military subordinate to civil power". Law.lis.virginia.gov. Retrieved 2017-12-08.
Jump up ^ "Second Amendment Foundation – Firearm Regulation, by John Brabner-Smith". Saf.org. Retrieved 2011-12-23.
Jump up ^ "University of Pennsylvania Law Review, Note, 98 (1950): 905. F.J.K". Saf.org. Retrieved 2011-12-23.
Jump up ^ "Code of Virginia § 18.2–308.5". Law.lis.virginia.gov. Retrieved 2017-12-08.
Jump up ^ "Attorney General Opinion" (PDF).
^ Jump up to: a b "Virginia Supreme Court Rules Against Campus Carry". Concealedcampus.org. 2011-01-13. Retrieved 2013-09-30.
Jump up ^ Meola, Olympia (2012-02-29). "McDonnell signs repeal of one-gun-a-month law". Richmond Times-Dispatch. Retrieved 2012-04-18.
Jump up ^ "Code of Virginia § 18.2–308.012". Law.lis.virginia.gov. Retrieved 2017-12-08.
Jump up ^ "Code of Virginia § 18.2–308". Law.lis.virginia.gov. Retrieved 2017-12-08.
Jump up ^ https://www.washingtonpost.com/local/public-safety/senior-navy-official-charged-for-allegedly-pointing-gun-at-men-during-argument/2016/07/19/9b231ad4-4dc7-11e6-aa14-e0c1087f7583_story.html?wpisrc=nl_buzz&wpmm=1
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