Constitutional Carry Legislation Introduced in Virginia

In this Aug. 29, 2016 photo, Marilyn Smolenski uses a mock gun to demonstrate how to pull
Tae-Gyun Kim/AP

Legislation was introduced in the House of Delegates this week which gives Virginia the opportunity to become the 26th constitutional carry state in the Union.

The legislation was prefiled January 10, 2023, by Delegate Nick Freitas (R).

Upon filing the legislation, Freitas noted the current legal framework in Virginia, one which allows the open carry of firearms without a permit but punishes the same permitless carry if the gun is covered (concealed) by a coat or jacket. Constitutional carry would mean a law-abiding citizen could carry a handgun for self-defense openly or concealed without a permit.

He tweeted:

The summary of Freitas’ legislation, House Bill No. 1801, says, “A BILL to amend and reenact § 18.2-308 of the Code of Virginia, relating to carrying a concealed handgun; permit not required.”

Constitutional carry is currently the law of the land in 25 states. Those states are: Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Maine, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, and Wyoming.

AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio and a Turning Point USA Ambassador. AWR Hawkins holds a PhD in Military History, with a focus on the Vietnam War (brown water navy), U.S. Navy since Inception, the Civil War, and Early Modern Europe. Follow him on Instagram: @awr_hawkins. You can sign up to get Down Range at Reach him directly at


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