Fredericksburg County Gun Lawyer

Each state has its own gun laws in place, which can make it challenging to know what is legal and what is not legal in Virginia. If you are facing a potential gun charge, it is time to enlist the help of a criminal defense attorney as soon as possible. Karin Riley Porter is an experienced Fredericksburg County gun lawyer who could help with your situation and defend you against the charge.

Your Right To Own a Gun

The only restriction that the state puts on gun ownership is for those who have a felony conviction on their records. There are, however, federal laws that apply. These include a provision that a federal conviction for domestic violence voids your right to possess a gun. Further, if the federal government identifies you as a habitual narcotics user, you can lose your right to possess a firearm. A weapons violation lawyer in Fredericksburg County could explain the federal and state laws that apply in your situation and analyze how it affects your defense.

Gun Carry Laws

You must have a permit to carry a concealed gun, including carrying one in your bag or purse, in the glove compartment of your car, or under your jacket. There are certain misdemeanor convictions, such as for substance abuse, that can prevent you from obtaining a concealed carry permit.

The state does, however, allow open carry for anyone who the law does not bar from possessing a gun in the first place, such as those with felony convictions. As long as the gun you have on you is visible to those around you, the state affords you the right to open carry.

Unlike jurisdictions in which a holster is required for open carry, as long as the gun is visible and you are carrying it safely, you are within the state’s requirements. A respected firearms attorney from Fredericksburg County could discuss these requirements and how they impact a case.

Brandishing a Weapon

Brandishing is a criminal act, and refers to pointing a gun at someone or holding it in a manner intended to be menacing or to induce fear in another person.

If you are engaging in open carry and are carrying your gun safely with no hint of menace to others, you are well within your legal rights. If, however, you point your gun at someone or otherwise imply a threat, the charge of brandishing can apply.

The charge of brandishing is generally a Class 1 misdemeanor, and a conviction carries up to a year in jail and fines of up to $2,500. An enhancement related to being near school grounds can apply as well. A Fredericksburg County lawyer knowledgeable about gun laws could suggest suitable defense strategies.

Illegal Possession of Firearms

Charges related to illegal possession range from misdemeanors to felonies based on the unique circumstances that apply.

The law prohibits anyone with a felony conviction on their record from possessing a firearm. The crime is a Class 6 felony, and a conviction carries up to five years of prison time and fines of up to $2,500. Depending on the defendant’s criminal record, a mandatory prison sentence could apply.

There is an exception for the possession of a stun gun in one’s home under specific circumstances. The law also allows authorities to restore gun rights under certain specific conditions.

Prohibited Places and Weapons

There are a number of places where it is always against the law to carry a gun, including:

• Churches and other places of worship
• Courthouses
• School property
• Airports

In addition, certain kinds of guns are prohibited, such as machine guns, plastic firearms, and sawed-off rifles and shotguns.

Possession of a Firearm When in Possession of a Controlled Substance

Further, it is also against the law to be in possession of certain controlled substances when also in possession of a firearm, possibly leading to a charge of a Class 6 felony.

A dedicated attorney may advise you on charges brought in Fredericksburg County related to the alleged illegal possession of a weapon.

Seek the Legal Guidance of an Experienced Firearms Attorney in Fredericksburg County Now

If you are facing a gun charge, Karin Riley Porter could build a strong case in your defense, guiding you through the legal process toward an outcome that helps protect your rights in the future.

Ms. Porter is a proactive Fredericksburg County gun lawyer who appreciates the seriousness of firearms charges and how they could affect you. Contact us today to schedule a free case evaluation and learn more about the help we offer.