Covered in state laws Section 18.2-279 through Section 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.
People who have been convicted of felony charges and are interested in having their gun rights restored once they have completed their sentence should especially discuss their case with an experienced and aggressive defense attorney who could advocate for the best results. In these situations, retaining counsel is often beneficial, as they could provide the appropriate advice and defense strategies to help someone regain those rights. En Español.
Gun attorneys often defend clients that break any of the laws associated with firearms, of which there are many. For example, intentionally discharging a firearm in a public place is illegal whether or not bodily harm is caused. 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. If you are facing charges related to public firearm possession, it may be in your best interests to contact a Virginia gun lawyer with our firm to get more information.
Other illegal gun and gun-related activities include:
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 charge conviction vary widely based on the specific crime, and may be dismissed when they are lesser included offenses 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 in fines.
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 in fines.
In addition, the penalties for other crimes, like assault, will be more serious if there is a firearm involved. A lawyer who handles gun cases could work tirelessly on your behalf for the best possible resolution in your case given the circumstances.
Our legal team has represented clients against these type of charges before, and the experience gained during those trials helps elect strong defense strategies moving forward. When you schedule a consultation with one of our attorneys, they could review the facts of the case and help you decide on the best course of action for your defense. They also could answer any questions you might have about the charges you face and the potential consequences of a conviction.
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 have a Virginia gun attorney who will treat your case with the professionalism and attention this type of situation dictates.
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