SB 115 hands a single state bureaucrat the power to decide which states' permits are "substantially similar" to Virginia's — and revoke the rest.
Virginia currently honors all 50 states' carry permits automatically under Code §18.2-308.014. In 2015, a single official tried to change that. It lasted eight weeks before the political blowback forced a reversal. SB 115 takes the same approach — but locks it into statute so the next administration can't reverse it overnight.
In 2015, Herring's restriction was an AG memo — reversible overnight by the next administration. SB 115 writes this into the Virginia Code. Reversing it requires a new bill through both chambers plus a governor's signature. That's the entire political strategy.
The bill replaces Virginia's automatic 50-state recognition with a review process controlled by the Superintendent of State Police. Each state must be individually evaluated against an undefined "substantially similar" standard.
If you're a Virginia resident holding an out-of-state permit (military spouses, recent transplants, pre-move permit holders), your permit loses recognition inside Virginia. Only exception: active-duty military and their spouses.
The statute never defines it. That's the point.
The Superintendent of State Police — an executive branch appointee — gets total discretion over which states pass and which fail. Under a Democratic administration, "substantially similar" might cut 25+ states. Under a Republican one, it might cut 5. Same statute, different outcomes.
SB 115 requires the issuing state to maintain an internet-accessible database queryable 24/7. States lacking this infrastructure automatically fail — regardless of how strong their permit standards are.
Virginia requires demonstrated handgun competency (NRA course, law enforcement training, competition, or military service). 29 permitless carry states issue permits with zero mandatory training. Under a strict "substantially similar" reading, they probably fail.
Virginia doesn't require fingerprints from residents (only nonresidents). Some states require fingerprints for all applicants. Does Virginia's weaker standard mean stricter states fail the similarity test? The statute doesn't say.
SB 115 explicitly says age cannot be used to disqualify states. Virginia requires age 21; states issuing at 18-19 cannot be cut on age alone. However, they can still be cut on every other criterion.
29 states allow permitless concealed carry. Their optional permits often have minimal requirements. Based on the 2015 precedent, states like Alabama, Georgia, Texas, and Tennessee are likely to be cut.
The State Police Superintendent is an executive branch appointee. The same "substantially similar" test could honor 45 states or 15 states depending on which party controls the governor's mansion.
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Based on the 2015 precedent and the bill's "substantially similar" test, here are the states most likely to lose Virginia recognition. 29 states currently allow permitless carry — most are at risk.
When Virginia revokes recognition of another state's permits, that state has no obligation to keep honoring Virginia's. This happened in 2015 — within weeks of Herring's announcement, states began retaliating. SB 115 triggers the same chain reaction.
Texas fails the "substantially similar" test (permitless carry, no mandatory training). State Police removes Texas from the recognized list effective December 1, 2026.
Texas has no legal obligation to continue recognizing Virginia permits. Texas reviews and removes Virginia from its list. This happened in 2015 — states began retaliating within weeks.
Every Virginian with a CHP driving through Texas, Florida, Georgia, or Tennessee becomes an illegal carrier. The traveler becomes the victim.
Virginia is one of the most popular nonresident permit states. Tens of thousands of out-of-staters hold Virginia nonresident permits. Those permits could become worthless inside Virginia — and may lose value in other reciprocating states that follow Virginia's lead.
SB 115 faces potential challenges on multiple constitutional fronts. None have been definitively resolved by courts, but each represents a serious vulnerability.
Government must show regulation consistent with Founding-era tradition. There is zero historical evidence from 1791 of one state's bureaucracy refusing to recognize another state's lawfully-issued carry authorization. Under Bruen, this is constitutionally uncharted — and likely indefensible.
The Supreme Court recognizes a constitutional right to interstate travel. If carrying a firearm is constitutionally protected activity under Bruen, conditioning recognition on a bureaucrat's opinion creates a serious Privileges and Immunities problem. Courts haven't fully resolved this.
The Constitutional Concealed Carry Reciprocity Act passed House Judiciary Committee 18-9 in March 2025. If it passes the full House and gets 60 Senate votes, SB 115 becomes federally preempted overnight.
Virginia permits are issued by circuit courts — judicial acts. The Constitution requires states give "full faith and credit" to other states' judicial proceedings. Court-issued permits may deserve stronger protection. No definitive post-Bruen ruling exists.
| Bill | Description | Status | Vote |
|---|---|---|---|
| SB 115 | Reciprocity overhaul | With Governor | 21-18 |
| HB 24 | House companion bill | Left in Committee | — |
| H.R. 38 | Federal reciprocity (preemption) | Advancing | 18-9 (committee) |
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