commentary

Virginia SB115 doesn't tighten carry standards. It hands the state a monopoly on who gets to carry at all.

BF
Bearing Freedom
9:05

The bottom line

Virginia Senate Bill 115 passed the Senate and is heading to the House. What it actually does is strip reciprocity from virtually every state in the country, force Virginia residents who already hold out-of-state permits to apply for a new Virginia permit, and hand the Superintendent of State Police unchecked authority to decide which states’ standards are “substantially similar” to Virginia’s. The senator who stood up to defend it on the floor handed gun owners the best argument we have for why disarming law-abiding citizens is indefensible, and he did not realize it.


Attribution from Bearing Freedom. Watch the original video. Commentary, not legal advice.


What the bill actually does

Before SB115, Virginia’s reciprocity statute was clean. Any valid out-of-state concealed handgun permit held by a person 21 or older with a photo ID was recognized in the Commonwealth, full stop. Virginia recognized permits from all 50 states. No bureaucratic review, no subjective comparisons, no administrative gatekeeping.

SB115 blows that up entirely. Under the new framework, the Superintendent of State Police will evaluate whether other states’ permit requirements are “substantially similar” to Virginia’s 20-point disqualification list. Any state that does not pass that review loses recognition. The Office of the Attorney General has until December 1, 2026, to complete that review and revoke any states that do not measure up, with the changes taking effect July 1, 2027.

Senate Majority Leader Scott Surovell, the Fairfax Democrat who shepherded this bill, stated the rationale plainly: “You can’t just go down to Texas and pay a couple bucks and then get a concealed weapon permit all around Virginia.” That framing is dishonest on its face. Texas requires a background check, fingerprinting, a written exam, and a shooting proficiency test. Calling that “paying a couple bucks” is not a policy argument. It is a talking point designed to make a constitutionally protected right sound trivial.

The other half of the bill is equally aggressive. It bars Virginia residents from using any out-of-state permit to carry concealed in Virginia unless they hold a current Virginia resident permit themselves. The one exception is active-duty service members and their spouses. So if you are a Virginia resident who moved here from another state, currently carry on a valid permit from your former state, and have not yet applied for a Virginia permit, this bill makes you a criminal. It does not grandfather your existing permit. It does not provide a grace period beyond the compliance dates in the bill. It tells you to get in line and apply to Virginia or stop carrying.

The floor speech that proved our point

A senator rose on the floor to explain why a yes vote on SB115 was really a vote to let mentally ill people, protective-order subjects, drug addicts, and dishonorably discharged veterans carry firearms across Virginia. He listed disqualifiers from Virginia Code § 18.2-308.09, the state’s 20-category prohibition list, and asked senators whether they really wanted to honor permits from states with weaker standards.

I want to take that argument seriously because it is the best one they have, and it still falls apart.

The federal prohibitor list already covers the most dangerous categories he cited. Felony convictions, domestic violence misdemeanors, involuntary psychiatric commitments, active protective orders, drug addiction, dishonorable discharge: all of those are federal firearms prohibitions under 18 U.S.C. § 922(g). They are baked into every NICS background check, which every licensed dealer in every state runs on every transfer. A permit holder in Texas who is subject to a protective order is federally prohibited from possessing a firearm regardless of what Virginia or Texas law says about their permit.

The categories he is worried about do not travel invisibly from state to state. They are already federally enforced.

The misdemeanor trap

The senator also leaned hard on Virginia’s two-misdemeanor disqualifier: two Class 1 misdemeanors within five years, and you cannot get a Virginia CHP. He asked whether senators wanted to honor permits from states that issue to people with that record.

Here is what Virginia counts as a Class 1 misdemeanor. Reckless driving. Simple assault. Petit larceny over $200. Trespassing. Unlawful use of a drone over private property. These are not all acts of violence, and treating someone who was convicted of trespassing twice as someone too dangerous to carry a firearm is a policy choice, not a safety imperative.

More to the point, the senator is comparing Virginia’s permit standards to a legal floor that does not exist anywhere. Texas does not issue permits to people with active felony charges, active protective orders, or documented substance abuse. It runs background checks. It requires 4-6 hours of instruction and a live-fire proficiency test. The idea that an out-of-state permit is effectively a free pass for dangerous people is not supported by how permitting systems actually work.

The deeper contradiction

The senator listed people he considers dangerous: those recently discharged from psychiatric institutions, those with protective orders, those with drug addiction history. He presented them as people who would be able to carry in Virginia under reciprocity but cannot get a Virginia permit.

He did not explain why those people are walking free.

This is the argument I cannot get past, and I think it is the argument the left can never honestly answer. If someone is so dangerous that we need to strip them of a constitutional right, why are they on the street? If a person was involuntarily committed, was released, and is now considered dangerous enough to justify a firearms prohibition, they should not be free. If they have been assessed and cleared, they are not a threat and the prohibition is unjust. You cannot have it both ways. You cannot say “this person is dangerous, and that is why we must restrict guns” while simultaneously leaving that person free to harm people in every other way that does not involve a licensed firearm purchase.

The logic they are using to justify SB115 is an argument for more incarceration, not less carry. If your evidence base for restricting gun rights is a population of genuinely dangerous people walking around Virginia, the answer is addressing why those people are walking around Virginia. Not disarming everyone else.

This is a control mechanism, not a safety measure

The real function of SB115 is administrative. It creates a state-level chokepoint on who can carry in Virginia, controlled by a political appointee, reviewable on whatever timeline the state chooses, with “substantially similar” as a standard flexible enough to mean whatever the Attorney General needs it to mean on any given year.

Think about how that works in practice. The AG reviews all 50 states’ permit requirements against Virginia’s 20 disqualifiers and decides which ones pass. The list of states that pass is almost certainly going to look like Hawaii, California, New York, and Massachusetts: states that have either eliminated civilian carry or made it practically inaccessible. Hawaii issued six concealed carry permits over 21 years. That is not a permitting standard. It is a de facto ban.

What happens next is predictable. Virginia tightens its own training requirements. Makes the permit application more expensive. Adds requirements with no defined fulfillment criteria. Introduces processing delays. All of these tactics have been used in California and New York. Santa Clara County, California, has historically required applicants to pay over $2,000 in training costs before even submitting their application. There is nothing preventing Virginia from moving in that direction once the state controls the only permit that functions within its borders.

The senator who stood up on the floor and delivered that speech handed me everything I needed. His argument confirms that there are dangerous people in Virginia he and his colleagues have chosen not to address through criminal justice. His response to that reality is to make sure law-abiding citizens cannot carry a firearm to protect themselves from those people. That is not a safety policy. It is the exact opposite.

Elections put 21 Democrats in the Virginia Senate. This is what 21 Democrats in the Virginia Senate looks like. SB115 is going to the House, and it is going to pass, and Virginia gun owners who never applied for a resident permit are going to have a problem by July 2027. Get your Virginia CHP now while the process is still manageable, because there is no guarantee it stays that way.

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