Weapons Offenses in VA Have Serious Penalties!
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Virginia is considered to be a relatively easy state to acquire a gun, weapon, or firearm, but the our criminal penalties for illegal use or possession of a weapon are very severe.
If you are charged with illegally using or carrying a gun in Virginia, please call our defense attorneys right away for legal advice on how to protect and defend your freedom. (877) 439-2999 is the number for a free criminal case evaluation on any gun charge in Virginia.
What is Legally Considered a Weapon under Virginia Law?
The Virginia statute lists a number of specific weapons; the list is not exhaustive
- Other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material
- Bowie knife
- Switchblade knife
- Ballistic knife
- Spring stick
- Metal knucks
- Any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain
- Any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or
- Any weapon of like kind
Virginia Gun Laws and Penalties
The following laws describe common weapon and gun charges, and their associated penalties in VA.
VA Carrying a Concealed Weapon Laws
In order to convict a person of Carrying a Concealed Weapon, the Commonwealth must prove, beyond a reasonable doubt, that the person:
- Carried a weapon
- About his person
- Hidden from common observation. a weapon is hidden from common observation when it can be seen, but is disguised as something else
A First (1st) Offense Carrying a Concealed Weapon offense is a Class 1 Misdemeanor.
A Second (2nd) Offense Carrying a Concealed Weapon is a Class 6 Felony.
A Third (3rd) Offense Carrying a Concealed Weapon Charge is a Class 5 Felonyunder Virginia criminal law.
See Virginia Statues – §18.2-308
VA Possession or Transportation of a Firearm by a Convicted Felon
In order to convict a person of Possession of a Firearm by a Convicted Felon, the Commonwealth of Virginia must prove, beyond a reasonable doubt, that the person:
- Was previouslya. Convicted of a Felony; orb. Adjudicated Delinquent after July 1, 2005, as a Juvenile 14 years or older, of Murder, Armed Robbery by gun, or Rape; and
- Knowingly and intentionally possessed or transported, or knowingly and intentionally carried about his person, hidden from common observation, any;a. Firearm;b. Stun gun;c. Explosive material;
Possession or Transportation of a Firearm by a Convicted Felon is a Class 6 Felony in Virginia
Any person who was previously convicted of a “violent felony” will be sentenced to a minimum mandatory of 5 years imprisonment.
Any person who was previously convicted of a felony within the past 10 years will be sentenced to a minimum mandatory of 2 years imprisonment.
See Virginia Penal laws – § 18.2-308.2
Use or Display of a Firearm in the Commission of a Felony
In order to convict a person of Use or Display of a Firearm in the Commission of a Felony, the Commonwealth of VA must prove, beyond a reasonable doubt, that the person:
- Used or attempted to use,
- Any firearm,
- While committing or attempting to commit;
- Any of the following felonies;Murder,Rape,Forcible sodomy,Inanimate or animate object sexual penetration,Robbery,Carjacking,Burglary,Aggravated malicious woundingMalicious wounding by mob, orAbduction.
Use or Display of a Firearm during the Commission of a Felony is a crime separate and distinct from the underlying felony. It carries a minimum mandatory punishment of 3 years imprisonment for a first offense and 5 years for a second offense.
The sentence to this crime runs consecutively with the sentence to the underlying felony. In other words, the individual will be sentenced to 3 or 5 years in addition to the sentence on the underlying felony.
See Virginia laws on use of a firearm in a felony – § 18.2-53.1
Free Legal Consultation on Virginia Gun and Weapons Charge Violations
Please call our experienced Virginia criminal defense attorneys for a legal consultation on any weapons, firearms or gun charges. With a serious felony offense, you have no time to waste in preparing your defense. And you have nothing to lose by asking for our advice, and finding out what we can do to help.
Do yourself a favor, and get the best legal defense you can get. Call (877) 439-2999 or contact us to find out if we are the attorneys for you. There’s no risk, and no cost for the advice.