Being convicted of a weapons-related crime in Virginia can carry serious penalties, including jail time, heavy fines, driving restrictions, probation, house arrest, and more. If you’ve been arrested on an illegal firearms possession charge, speaking to an experienced criminal defense attorney as soon as possible is crucial.
Our experienced criminal defense attorneys at Surovell Isaacs & Levy PLC are well-equipped to provide you with a strategic criminal defense. With our in-depth understanding of Virginia gun laws, we will immediately begin investigating your case and pursuing the best outcome possible, giving you the reassurance you need during this challenging time.
Who Can Legally Possess a Weapon in Virginia?
As the Second Amendment guarantees, Americans have the legal right to bear arms. However, some individuals lose their right to possess a weapon in Virginia. For example, individuals with a felony conviction cannot possess a firearm, even if they purchased the firearm lawfully and have a concealed carry permit. When convicted of a felony, the individual can no longer possess the firearm. Possession of a gun as a felony can lead to mandatory minimum jail time for those convicted.
§ 18.2-287.4 Carrying a Loaded Firearm in Public Areas Is Prohibited
Even when an individual purchases a firearm lawfully and has a concealed carry permit, there are some locations where they cannot take their firearm. For example, gun owners cannot carry a firearm in gun-free zones, such as government buildings like city halls and courthouses, schools, hospitals, and public parks. Depending on the type of firearm and the location of the gun possession, the penalties can range from a Class 1 misdemeanor to a Class 6 felony. Class 6 felonies carry penalties of up to five years in prison.
§ 18.2-308 Unlawful Concealment of a Weapon
The most common type of gun charge in Virginia is possession of a concealed weapon without a proper permit. When a person is transporting a firearm in their vehicle, and it isn’t secured in a locked box or the glove compartment, they can be charged. A police officer may pull a driver over for expired tags, speeding, or another traffic offense. When speaking to the driver, they may see a firearm lying on the passenger seat or in the driver’s lap. Other common scenarios involve accidentally discharging a hunting rifle too close to a prohibited area, such as a school.
Virginia Code Section 18.2-308 addresses the crime of illegally concealing a weapon. The statute prohibits carrying a weapon on your person when it is “hidden from common observation.”
What Constitutes a Weapon?
The definition of a weapon is broad and includes firearms such as revolvers, pistols, and any other weapon designed to fire a bullet or missile through the explosion of combustible material. The concealment of bladed weapons, such as razors, dirks, machetes, metal knuckles, and bowie knives, is also prohibited. There are some exceptions to this law. The following people can carry a concealed weapon:
- Individuals with the proper concealed carry permits
- A person in their place of business or home
- Law enforcement officers
- Individuals engaged in lawful hunting
- Individuals traveling to or from a gun repair business, weapons exhibition, or shooting range
§ 18.2-53.1 Displaying or Using a Firearm in the Commission of a Felony Crime
Virginia statute 18.2-53.1 prohibits the display or use of a firearm in the commission of a separate felony crime. In addition to being charged for the underlying felony, the defendant can face an additional, unique charge for this distinct felony charge. When convicted, defendants face mandatory minimum prison sentences of three years for first-time offenders and five years for subsequent offenders.
The Penalties for Concealed Weapon Crimes
The penalties for illegally concealing a weapon depend on the facts of the unique case and whether the defendant has prior criminal convictions for similar offenses. The charges can range from misdemeanor charges to more serious felony charges. Class 1 misdemeanor charges for first-time offenders carry a penalty of up to 1 year in jail and up to $2,500 in fines.
Second-time offenders can face Class 6 felony charges, which carry jail sentences of up to one year or between one and five years at the court’s discretion, and fines of up to $2,500. Third-time offenders face more severe Class 5 felony charges, which carry jail sentences between one and ten years and up to $2,500 in fines.
Legal Defenses to the Crime of Illegal Possession of a Weapon in Virginia
As with drug possession charges, prosecutors must prove actual or constructive possession occurred when charging a defendant with illegal gun possession. Prosecutors could prove possession of an illegal weapon even if the firearm wasn’t on the defendant’s person when they were arrested. They will have to prove the defendant was in constructive possession of the firearm by providing evidence that they knew the weapon’s location and were near enough to exercise control and dominion over it.
The attorneys at Surovell Isaacs & Levy PLC will carefully evaluate the facts of your case to determine the most persuasive legal defense strategy. You may be able to prove you were not in actual or constructive possession of the firearm. Perhaps the firearm belonged to a roommate, and you weren’t aware of its location.
Contact a Criminal Defense Attorney in Virginia
Virginia’s gun crime laws are complex, and the penalties for illegal weapons possession are serious. It is in your best interest to speak to an experienced criminal defense attorney. When you work with Surovell Isaacs & Levy PLC, our criminal defense practice will carefully review every aspect of your case to build a strong defense, highlighting the need for professional help in navigating these intricate laws.
Our team will use our legal resources to fight for a favorable outcome for you. Don’t hesitate to contact Surovell Isaacs & Levy PLC to schedule a case evaluation with a skilled criminal defense attorney. If you’re facing illegal weapons possession charges in Virginia, it’s crucial to act quickly. Contact us today to start building your defense.