We’ve all seen the news. A child takes a firearm to show and tell at school. Worse, a child might shoot themselves or someone else after finding a gun at home. The charge of the Virginia crime of allowing access to firearms by children is the least of your worries in those situations, but the penalties still apply.
Keep your firearms secure
In Virginia, the law requires adults to keep children under the age of 14 from obtaining loaded weapons. Parents cannot give children younger than 12 permission to fire a weapon unless they have adequate supervision, as outlined by Virginia Code § 18.2-56.2 .
Failing to abide by these laws is a crime, regardless if any additional crimes occur. There doesn’t have to be a shooting. All the prosecution needs is evidence that a child had illegal access to a firearm on your watch.
The Two Separate Offenses Under Section 18.2-56.2
Virginia Code Section 18.2-56.2 actually creates two distinct crimes, not one — and which one applies depends on what happened and how old the child is:
- Subsection (A) — Reckless storage: It’s a Class 1 misdemeanor to recklessly leave a loaded, unsecured firearm where it could endanger any child under age 14. This applies even if the child never touches the gun.
- Subsection (B) — Unsupervised use: It’s a separate Class 1 misdemeanor to knowingly let a child under 12 fire a weapon without supervision from a parent, guardian, or an adult age 21 or older with the parent’s permission.
A single incident can sometimes support charges under both subsections, and each carries its own up-to-12-months jail term and up-to-$2,500 fine
Providing children with adequate firearm supervision
Learning to shoot is a time-honored tradition in many Virginia families. Lawmakers understand parents’ desire to pass these skills on to their children. They just expect this to be done in responsible ways.
By law, children under the age of 12 must only shoot firearms under the supervision of one of the following:
- Parent
- Guardian
- Any person aged 21 or older who has the permission of the parent or guardian
Virginia’s New Firearm Storage Law (Effective July 1, 2026)
Separate from Section 18.2-56.2, Virginia has enacted a new, broader storage requirement: Code Section 18.2-308.7:1. Once it takes effect on July 1, 2026, any adult who knows a minor under 18 — not just a child under 14 — is present in a residence must either:
- Store the firearm and its ammunition in a locked container, compartment, or cabinet that the minor cannot access, or
- Render the firearm incapable of firing with a gun-locking device made for that purpose.
A firearm may still be stored loaded only if it’s in a device with a combination, coded, or biometric lock the minor isn’t authorized to use. Violating this new storage law is a Class 2 misdemeanor, punishable by up to six months in jail and a fine of up to $1,000 — a separate charge from anything under Section 18.2-56.2. The law exempts firearms carried on your person and antique firearms, and it doesn’t override lawful supervised use under Section 18.2-56.2.
What Counts as “Reckless” or “Unsecured”?
Virginia courts look at the totality of the circumstances — not just whether a lock existed. Factors that typically matter include whether the firearm was loaded, where in the home it was kept, whether ammunition was stored separately, the child’s age and history around firearms, and whether the adult had any reason to expect the child would find it. A firearm in a closed but unlocked nightstand drawer, for example, has been treated as “unsecured” in Virginia prosecutions, even though it wasn’t in plain sight.
Penalties for allowing access to firearms by children
In Virginia, the crime of allowing access to firearms by children is a Class I misdemeanor. If convicted, you may receive a jail sentence of up to twelve months and a fine of up to $2,500. In addition, the children involved may be charged with related crimes, such as possession of a weapon by a minor.
Accidents happen, but when guns are involved, a small mistake can turn deadly. Learning to secure your firearms and providing children with adequate supervision helps prevent tragedy. It can also help you stay out of legal trouble. Be sure you understand all of the responsibilities before you bring guns into your home.
How to Legally Secure Firearms in Your Home
Practical steps that satisfy both the existing reckless-storage law and the new 2026 storage requirement:
- Store firearms unloaded in a locked gun safe, lock box, or cabinet a child cannot open.
- Use a trigger lock or cable lock as a second layer of security, even inside a locked safe.
- Store ammunition separately from the firearm and out of a child’s reach.
- If a firearm is kept loaded for self-defense, use a biometric or keypad safe rather than an unlocked drawer or nightstand.
- Talk to children about gun safety directly — Virginia law doesn’t excuse a charge just because a child “knew better.”
Could You Also Face a Civil Lawsuit?
A criminal charge under Section 18.2-56.2 is separate from civil liability. If a child injures or kills themselves or someone else with an improperly stored firearm, the adult who owned or controlled the gun can also be sued for negligence in civil court — regardless of whether prosecutors ever file criminal charges, and even if the criminal case ends in an acquittal. A civil claim can result in a monetary judgment for medical bills, pain and suffering, or wrongful death, on top of any criminal penalty.
FAQs
What Happens If My Child Finds My Gun In Virginia?
If the firearm was loaded and unsecured, you can be charged with a Class 1 misdemeanor under Virginia Code Section 18.2-56.2, even if the child never fires it or no one is hurt. The charge is based on the reckless storage itself, not the outcome.
Is It A Crime If My Child Brings My Gun To School?
Yes. Beyond the storage charge under Section 18.2-56.2, bringing a firearm onto school property typically triggers separate, more serious charges against the child under Virginia’s school weapons laws, and can still expose the adult who left the gun accessible to prosecution.
What Is Considered “Reckless” Storage Of A Firearm Under Virginia Law?
Courts consider whether the firearm was loaded, where it was kept, whether ammunition was stored separately, and whether the adult had reason to know a child could access it. There’s no fixed checklist — it’s a case-by-case factual determination.
Can I Be Charged If My Child Uses My Gun Without My Knowledge?
Possibly, under subsection (A) of Section 18.2-56.2, if the storage itself was reckless — the statute doesn’t require you to know the child found the gun, only that you recklessly left it accessible. If you didn’t know a child was using it at all, that can be part of your defense, but it isn’t an automatic bar to charges.
What Age Can My Child Legally Shoot A Firearm With Supervision In Virginia?
There’s no minimum age, but children under 12 must be supervised by a parent, guardian, or an adult 21 or older with the parent’s permission. Unsupervised use by a child under 12 is a separate Class 1 misdemeanor under Section 18.2-56.2(B).
Do I Have To Lock Up My Guns If I Don’t Have Kids Living With Me?
Under the new law effective July 1, 2026, the duty is triggered by knowledge that a minor is present in the residence — not by whether the minor lives there. If you know a minor will be visiting or is otherwise present, the storage requirement applies.
What Is The Penalty For Allowing A Child Access To A Firearm In Virginia?
A conviction under Section 18.2-56.2 is a Class 1 misdemeanor: up to 12 months in jail and a fine of up to $2,500. A violation of the new storage law (Section 18.2-308.7:1, effective July 1, 2026) is a Class 2 misdemeanor: up to 6 months in jail and a fine of up to $1,000.
Can I Be Sued If My Child Injures Someone With My Gun?
Yes. A civil negligence lawsuit can proceed separately from — and regardless of the outcome of — any criminal case, and can result in a monetary judgment for the injured party’s damages.
Does Virginia’s New Storage Law Apply To All Firearms?
It applies to firearms as defined under Virginia law, with exemptions for antique firearms and any firearm carried on your person. It does not override lawful supervised use under Section 18.2-56.2.
What Should I Do If I’ve Been Charged Under Virginia’s Child Firearm Access Law?
Speak with a criminal defense attorney before making any statements to police. Facts like how the firearm was stored, whether it was loaded, and your knowledge of the child’s access can all affect whether the charge holds up — an attorney can evaluate your specific situation and outline your options.
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