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Gun Law Penalties in Fairfax

When guns are used in violent crimes, the possession of a firearm becomes its own separate offense and can be charged as a completely distinct crime apart from whatever else took place.

To address growing public safety issues, gun charges are treated seriously in Fairfax County. Anyone involved in such charges should consult a trusted gun attorney to protect their rights and their future. When you find yourself worrying about gun law penalties in Fairfax, reach out to our firm as soon as possible.

Common Misconceptions

Because it has very little hunting land when compared to other areas of the country, Fairfax County has taken an especially strict stance on firearms offenses to protect its community. The Virginia State Police closely monitors the purchase of firearms, firearms applications, and concealed weapons permit applications.

A lot of people do not realize that having a gun or using one while committing another crime can be a completely separate crime. For example, if someone was accused of distributing a controlled substance and they possessed a gun during at time, they can be charged with both the distribution of a controlled substance and possession of a firearm while distributing.

If a person is involved in a gun law offense of any kind and is feeling concerned about the looming penalties, their best course of action is to speak to a Fairfax attorney.

Gun Offenses and Penalties

Because prosecutors take gun law seriously, they enforce harsh penalties. Depending on the charge, the potential penalties for a gun offense in Fairfax County range anywhere from misdemeanor up into felonies with mandatory jail time. Common gun offenses and associated penalties include:

  • Carrying a concealed weapon without a proper permit Virginia Code § 18.2-308 classifies this is a Class 1 misdemeanor punishable by up to 12 months in jail and $2,500 in fines.
  • Brandishing a firearm Virginia Code § 18.2-282 classifies this as a Class 1 misdemeanor. When it occurs on school property, however, it becomes a Class 6 felony.
  • Shooting a gun indoors   Per Virginia Code § 18.2-279, it is a Class 4 felony to intentionally fire a gun inside a building occupied by one or more people. Penalties include two to ten years in prison and up to $100,000 in fines.
  • Possessing of firearm after a felony conviction — Virginia Code § 18.2-308.2 considers it a Class 6 felony for a convicted felon to possess a firearm. The crime is punishable by up to five years in prison.
  • Simultaneously possessing a firearm and certain controlled substances — Virginia Code § 18.2-308.4 considers it a Class 6 felony to possess a gun while also possessing Schedule I or II drugs. Consequences include imprisonment for a minimum of two years.
  • Using or displaying a firearm while committing a felony Virginia Code § 18.2-53.1 labels this a separate and distinct crime from the primary felony. The minimum prison sentence is three years for a first offense and five years for a subsequent offense. Sentences run consecutively with the penalty for the primary felony.

The long-term repercussions of any felony, including a gun offense conviction, are severe. Once a person is convicted of a felony here, they lose the right to possess or own a firearm in the future. Additionally, in the case of misdemeanor gun convictions, a person’s right to apply for a concealed-carry weapon permit could be affected by having any type of firearm offense.

When someone is arrested for illegal possession or use of a firearm, they should promptly contact a Fairfax lawyer who could explain the relevant gun penalties and advocate for the right to carry and possess a firearm.

Reach Out Now for Help with Fairfax Gun Law Penalties

Gun violence is a serious issue, and the law will not go easy on suspected offenders. To protect your rights and understand your options, speak with an attorney about gun law penalties in Fairfax today. Contact our firm to set up a free consultation.

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