Virginia Gun Lawyer
Covered in state laws § 18.2-279 through § 18.2-312, Virginia gun laws protect residents' constitutional rights to bear arms, while prohibiting people from bringing guns into certain areas or discharging a firearm in an unsafe or knowingly harmful way. Although gun lawyers protect clients from government infringement on ownership rights, there are some firearms strictly forbidden within the state. For example, no citizen may own a Armsel Striker, similar shotguns, or plastic firearms. Notable exceptions are Glock pistols, which contain metal slides and barrels.
Residents may openly carry a handgun without presenting a permit once they turn 18. There are also no general limitations on magazine capacity, except a permit requirement in some public areas. Those with a concealed handgun permit are allowed to carry a concealed weapon. Common areas where guns are prohibited or restricted for citizens include schools, air carrier terminals, and courthouses.
Gun Laws in Virginia
Despite their constitutional right to bear arms throughout the United States, gun attorneys often defend clients that break any of the laws associated with guns, of which there are many. For example, intentionally discharging a firearm in a public place is illegal with or without bodily harm. If a person is harmed in the discharge of the weapon, the crime can be considered a Class 6 felony. If nobody is harmed during the discharged, the offense is often considered a Class 1 misdemeanor. A homicide lawyer with our firm will be able to answer any questions you might have about this area of law.
Other illegal gun and gun-related activities in Virginia include:
- Carrying a weapon in an air carrier terminal
- Wearing body armor during the commission of a crime
- Intimidation with a firearm
- Possession of illegally altered gun, such as a sawed-off shotgun or rifle
- Discharging a firearm from a vehicle
- Hunting with a firearm while intoxicated
Many gun cases are decided based on intent. A conviction is much more likely if a prosecutor can prove that the accused intended to cause bodily harm with a firearm, or used any item capable of launching a projectile to intimidate another person.
Penalties for Gun Crimes in Virginia
Penalties for gun charge conviction vary widely based on the specific crime, and may be dismissed when they are lesser included offense in the context of more serious crimes. For example, a person that murders a bank teller during the commission of an armed robbery will likely be charged with murder and armed robbery, rather than discharging a firearm in a public place. Many gun crimes involving the discharge of a firearm are considered felonies. For example, discharging a firearm from a motor vehicle with the intent to cause bodily harm is a Class 5 felony with a potential penalty of up to 10 years in jail and/or up to $2,500.00 in fines.
Our legal team has represented clients against these type of charges before, and the experience they have gained during those trials will help them elect a strong defense strategy moving forward. When you schedule a consultation with one of our attorneys, they will be able to review the facts of the case and help you decide on the best course of action for your defense. They will also be able to answer any questions you might have about the charges you face and the potential consequences of a conviction.
Unauthorized carrying of a weapon into a courthouse is considered a Class 1 misdemeanor if the weapon is not discharged or used in another crime. Class 1 misdemeanors carry potential penalties of up to one year in jail and/or $2,500.00 in fines. Please visit our Virginia drug lawyer or Maryland gun lawyer page for more information about the services we provide in that area.
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The laws in the Commonwealth concerning these violations are strict and a conviction could bring some serious penalties. When you are facing a gun charge, it is important that you handle an attorney who will treat our case with the professionalism and attention this type of situation dictates. An assault lawyer with our firm will work tirelessly on your behalf towards a positive resolution in your case.
Fairfax County doesn't typically have a lot of gun related offenses committed there, but it is one of the more populated areas of Virginia, and as a result, these things to happen there sometimes. If you have been accused of violating the state's gun laws while in Fairfax County, we have attorneys that can help you. We have experience in those court rooms, and we know how the judicial process works in that area.
Prince William County
Our attorneys in Prince William County, particularly Manassas, know how to handle gun cases and have done so successfully on behalf of many clients before. We understand the local court rooms and what the prosecutors will be looking to use in a trial, and we can make sure that you are as prepared for your trial as possible.
And More. . .
We have attorneys ready to handle the gun cases throughout the Commonwealth of Virginia, so if you need representation in Arlington, Alexandria, Chesterfield, Hanover, New Kent, Henrico, Richmond, Stafford, Loudoun, Tidewater, Leesburg, Newport News, Portsmouth, Norfolk, Hampton or anywhere else throughout the Commonwealth, don't hesitate to contact us today for more information about how we may be able to help.