Laws governing firearms in Virginia are strict, but they still permit widespread use under the right circumstances. However, even for those who embrace firearm ownership as a hobby, keeping track of the current laws and regulations can be challenging.
Individuals who have been charged with illegal possession of a firearm or other related criminal gun charges could face significant consequences, from fines to jail time and loss of other privileges.
Understanding the consequences of a gun charge and which situations can incur these ramifications is essential for anyone in Virginia who owns or acquires a gun. Multiple types of illegal possession are possible, each with its own consequences and restrictions.
Possession of an Illegal Firearm Type
When considering what is “illegal” surrounding gun ownership, one possible charge is possession of an illegal type of firearm. In other words, an individual may be permitted to own a gun, but the gun they own is not permitted under Virginia law.
Machine guns are one such restricted item under Virginia Code §18.2-290, and using a machine gun can result in prison time up to ten years and a fine as high as $100,000. It is a Class 4 felony. Similarly, Virginia prohibits the use of any rifle or shotgun whose barrel has been sawed off.
Possession of this type of modified weapon can incur jail time and a fine, but if used to commit a crime, the penalties increase to those of a Class 2 felony: $100,000 in fines and prison time ranging from 20 years to life.
With the advent of at-home 3D printers, Virginia has also passed a law prohibiting the possession or use of plastic firearms. These dangerous items cannot be created, sold, or purchased within the state, and anyone found to have one will have their gun confiscated. The fine may be as high as $2,500, with up to 10 years in prison.
Illegal Possession of a Firearm
The type of firearm a person owns is not the only way to run afoul of Virginia’s laws on gun ownership. It is also possible to possess a gun illegally. The most common violation is failure to obtain a concealed carry permit.
While Virginia allows residents to carry their weapons in public, a concealed carry permit is required for any weapon that is not immediately visible. Carrying a concealed firearm without this permit constitutes illegal possession, which can result in fines of up to $2,500 and 12 months in jail.
Other possible scenarios in which a person may possess a firearm illegally, even if it is clearly visible or the individual has a concealed carry permit, include:
When an individual also has drugs on their person (two to five years in prison)- At a school or on a school bus ($2,500 fine, up to five years in prison)
- Inside any place of worship ($250 fine)
- At an airport ($2,500 fine, up to 12 months in jail)
- Inside a courthouse ($2,500 fine, up to 12 months in jail)
Firearms Possessed by Prohibited Persons
The final means by which a person may be charged with illegal possession of a firearm is when an individual who is not permitted to own or use firearms does so anyway. Prohibited persons are those whom the Virginia state government has deemed unable to safely use a weapon.
Non-citizens are one such prohibited group. They may not possess a firearm of any type, acquire a concealed carry permit, or otherwise use a gun. Failure to abide by these rules could result in a fine as high as $2,500 and five years in prison.
Felons are also prohibited from owning or carrying firearms. The individual’s criminal record will dictate the severity of the consequences, with those convicted of multiple felonies facing more stringent ramifications, such as a mandatory minimum prison sentence.
In Virginia, it is also illegal for minors to possess or use firearms. They may not transport a weapon either, even if it is stowed securely and they do not use it. Violations of this rule constitute a Class 1 misdemeanor, which carries a fine of up to $2,500 and up to 12 months in jail.
Fight Possession Charges with a Legal Team
Even responsible gun owners may run afoul of Virginia’s strict laws on gun ownership, such as confusion about concealed carry permits. If you have been charged with illegal possession of a firearm or other related criminal gun charges, it is essential to work with a legal team to reduce the penalties as much as possible.
The attorneys at The Law Offices of Kermit A. Monge can help you minimize the harm a gun conviction can do to your finances, reputation, and lifestyle, and when possible, the charges may be dropped entirely. Contact Kermit A. Monge to schedule a consultation.