Virginia takes gun-related crime seriously, and as a result, the state maintains a wide range of potential charges encompassing situations in public and private locations.
Criminal gun charges can stay on a person’s record indefinitely and can be discovered on a background check for years after the incident. Anyone facing gun-related criminal charges should seek legal assistance.
Concealed Carry
Virginia does not allow individuals to carry any type of concealed weapon without a permit for that weapon. Anyone found carrying a concealed weapon, including a gun, can be charged with a Class 1 misdemeanor and face up to 12 months in jail, as well as a fine of up to $2,500.
Possession of a Firearm
Many situations do not fall within proper possession limits of a firearm, and each comes with its own potential penalties and consequences.
- Location: An individual may not possess a gun in a courthouse, place of worship, airport, or school. Penalties range from fines up to $2,500 to five years in prison and potential felony charges depending on the incident.
- Individual: Certain classes of people are not permitted to own or carry firearms. These include minors, non-citizens, individuals adjudicated to be mentally incapable of making their own decisions or formerly acquitted by reason of insanity, and felons. Fines may range up to $2,500 alongside prison terms up to five years. In most cases, the gun will be seized when charges are filed.
- Context: A person who possesses a gun while also possessing drugs can face more stringent penalties than for possession alone. This charge is a Class 6 felony that can result in five years in prison, fines, and loss of the gun.
Discharging a Gun
In Virginia, the ways in which a gun may be legally used are closely regulated. Discharging a gun can come with serious consequences, depending on where the gun was fired.
- In Public: Any shots made in public qualify as a Class 1 misdemeanor with fines up to $2,500 and jail time of one year possible. If someone is injured, the penalties increase and the charge rises to a Class 6 felony.
- At a Target: A person shooting at a train, building, vehicle, or emergency vehicle (e.g., a fire truck, ambulance, etc.) can face anywhere from a $250 to $100,000 fine and potentially up to 10 years in prison. The severity of the penalty depends on the situation and target. If someone dies as a result of the shooting, an additional charge of first-degree murder, second-degree murder, or involuntary manslaughter is possible. In the case of law enforcement and emergency shootings, a minimum of one year in prison is mandatory.
Brandishing a Firearm
According to Virginia code § 18.2-282, no person may hold or display a gun in a manner that makes others around them feel unsafe. This action is a Class 1 misdemeanor unless it occurs in a school zone, in which case the charge increases to a Class 6 felony.
Possession of Certain Types of Firearms
Some guns are legal in some circumstances, and others are never permitted. Possession of any type of restricted gun or using it improperly comes with severe penalties. Heavily restricted gun types include:
- Machine guns
- Sawed-off shotguns
- Spring guns
- Restricted ammunition for any type of gun
Reckless Management of a Loaded Firearm
Even if an individual is properly permitted to possess, carry, and use a gun, they can still face legal trouble if it is not stored or cared for properly. The most common charges in this category involve how the gun is stored when not in use.
Loaded Firearm: Any gun owner who is found to have left a loaded gun in an area that a minor under the age of 14 can access may be charged with a Class 3 misdemeanor, which can come with a $500 fine.- No Supervision: If an adult allows a child under 12 years of age to use a firearm without supervision, they may be charged with a Class 1 misdemeanor that results in a fine of up to $2,500 and 12 months in jail.
Speak to an Experienced Defense Attorney
Virginia takes a hardline approach to the use, possession, and storage of guns, and violating the rules can be simple, even for those who think they are doing everything right.
It is essential to work with an experienced defense attorney to defend yourself against criminal gun charges before they leave a permanent impact on your record.
Contact the Law Offices of Kermit A. Monge to fight the potential fines, jail time, and criminal documentation associated with a gun charge.