Gun ownership comes with great responsibility, and Virginia residents who choose to carry concealed firearms must take the necessary steps to ensure they’re abiding by the law when carrying their weapon publicly. Even with a concealed carry permit, a legal gun owner could still find themselves facing an illegal possession of a weapon charge. This situation may feel confusing and frustrating, leaving you asking, “How could this happen when I’ve followed the rules?” Navigating Virginia’s firearms laws can be challenging, particularly for gun owners who travel frequently within the state. In this month's blog, we will explore the circumstances where a permit holder could face charges for illegal possession and provide valuable insights into Virginia’s gun regulations and potential legal defenses.
Understanding the Charge of Illegal Weapon Possession in Virginia
In Virginia, the Code of Virginia § 18.2-308.2 regulates the possession of illegal weapons. This statute outlines the individuals who are prohibited from owning or possessing firearms, including convicted felons, those adjudicated as mentally incapacitated, and individuals subject to specific protective orders. It is important to note that even individuals with permits can face charges under this statute if they violate concealed carry restrictions or carry firearms into prohibited locations. Having a comprehensive understanding of the legal framework surrounding illegal gun possession charges is essential for mounting an effective defense against such allegations.
What Does a Concealed Carry Permit Allow in Virginia?
A concealed carry permit allows individuals to carry certain firearms in a concealed manner legally. This means the weapon is hidden from view—for example, tucked away under clothing or stored discreetly in a bag. Virginia's permits allow recipients to carry in most locations within the state. However, there are key rules and restrictions you need to understand. There are restrictions on concealed carry in Virginia, even with a valid permit.
Carrying in any of these restricted areas may result in criminal charges:
- Airport Terminals: Carrying firearms in parts of airports such as terminals is strictly prohibited, even with a permit.
- Places of Worship: Carrying a concealed firearm in religious institutions while a service is ongoing is illegal.
- Municipal & County-Specific Rules: Virginia allows local governments to implement additional gun restrictions within their jurisdictions. For example, municipalities can ban the carrying of firearms in designated locations such as public parks, community and recreation centers, libraries, courthouses, and outdoor spaces during permitted events like festivals or parades.
Firearm regulations differ between counties and cities, meaning traveling with a firearm could inadvertently lead to legal violations.
Why Am I Facing Charges If I Followed the Rules?
You might wonder how you could face charges when you’ve done your best to comply with the law. Unfortunately, Virginia’s varying laws and municipal regulations create room for misunderstandings.
Some common reasons permit holders find themselves charged include:
- Local Regulations While Traveling: If you travel to an area with stricter local rules prohibiting firearms in public spaces, your permit could be less valid than expected.
- Unawareness of Location-Specific Restrictions: It’s not uncommon to be unaware of local ordinances when passing through different parts of the state.
- Simple Errors in Judgment: Inadvertently carrying a firearm into restricted areas like airports or places of worship.
Although you may not have intended to break the law, these technicalities can still result in an arrest and concealed weapons charges.
Legal Penalties for Illegally Carrying a Concealed Weapon in Virginia
Virginia takes concealed weapon violations seriously, and the penalties for such offenses escalate with each subsequent charge.
- A first offense is classified as a Class 1 misdemeanor, which is punishable by up to 1 year in jail and fines of up to $2,500.
- A second offense is classified as a Class 6 felony, punishable by 1 to 5 years in prison and fines of up to $2,500.
- A third offense or more is classified as a Class 5 felony, punishable by 1 to 10 years in prison and fines of up to $2,500.
These severe consequences highlight the importance of understanding Virginia’s gun laws and defending your rights if charged.
Possible Defenses for a Concealed Weapons Charge
Facing a charge of illegal possession can feel overwhelming, but there are several defense strategies that could be used to challenge the accusations.
Here are some examples:
- Lack of Knowledge: If you were unaware that a weapon was in your possession, this could serve as part of your defense. For instance, imagine you borrowed a friend’s coat or car that unknowingly contained a concealed firearm.
- The Weapon Was Difficult to Access: The law often considers the accessibility of a firearm when determining a violation. If the weapon was securely locked away or obscured by layers of clothing, it could support your innocence.
- The Weapon Was Not Concealed: If a weapon was visible to others, it cannot be considered “hidden.” Demonstrating that the firearm was carried openly could counter the concealed carry allegation.
- Lack of Intent: Intent plays a critical role in criminal prosecutions. Prosecutors must prove that you knowingly violated the law. Situations where someone unintentionally breaks local regulations, such as entering a restricted area without realizing it, may show a lack of intent.
- Misclassification of the Object: Sometimes, the object in question might not legally qualify as a firearm. Differences in materials, barrel length, or design could mean that the “weapon” doesn’t meet Virginia’s definition of a firearm.
Each case is unique, and a skilled defense attorney can tailor their strategy to the specifics of your situation.
What Should You Do If You’re Charged?
If you’ve been charged with illegally carrying a concealed weapon, it’s crucial to take swift action to protect your rights. Seeking legal counsel from an experienced concealed weapons defense attorney can make all the difference in your case.
Here’s how a defense attorney can help:
- Analyze Your Case – They’ll review the circumstances surrounding your arrest, including the location, intent, and local regulations.
- Challenge the Evidence – An attorney can question the validity of the evidence against you, ensuring it was properly collected and documented.
- Build a Strong Defense – They’ll construct a defense tailored to your case, focusing on proving your innocence or reducing penalties.
Gun laws can be complicated, especially when they vary between locations. To avoid legal trouble, stay informed about the regulations in the areas you travel to and always double-check for local firearm restrictions.
Stay Prepared and Educated
Remember, even with a concealed carry permit, you may still need to adapt to specific laws depending on where you are. If you’ve been charged with illegal possession, don’t face it alone. Understanding your rights and local regulations is essential to fulfilling your responsibilities as a gun owner. At The Law Offices of Daniel J. Miller, we are here to support you every step of the way. With a deep knowledge of Virginia’s gun laws, our firm is committed to protecting your rights and providing the strong advocacy you deserve. Whether it’s clarifying details about municipal laws or challenging charges in court, an experienced attorney can make all the difference. If you’re facing charges, call us at (757) 267-4949 or contact us online to schedule a consultation.
