
§18.2-308.2:01: Possession or transportation of certain firearms by certain persons. Class 6 felony with mandatory minimum sentences. §18.2-308.2: (Effective until January 1, 2021) Possession or transportation of firearms, firearms ammunition, stun weapons, explosives, or concealed weapons by convicted felons. §18.2-308.1:4: Purchase or transportation of a firearm by persons subject to protective orders. §18.2-308.1:3: Purchase, possession, or transportation of a firearm by persons involuntarily admitted or ordered to outpatient treatment. §18.2-308.1:2: Purchase, possession, or transportation of a firearm by persons adjudicated legally incompetent or mentally incapacitated. §18.2-308.1:1: Purchase, possession, or transportation of firearms by persons acquitted by reason of insanity. §18.2-308.1: Possession of firearm, stun weapon, or other weapon on school property prohibited. You can be charged with unlawfully carrying a handgun or other weapon under: Illegal Possession of a Handgun Charges in Virginia At Copenhaver, Ellett & Derrico, we regularly assist individuals accused of unlawfully carrying a weapon when they had or reasonably believed they had a valid permit. You should contact a Roanoke possession of firearm attorney right away. A second concealed carry charge is a Class 6 felony. In Virginia, if you carry a concealed firearm in public without a valid permit, you can be charged with a Class 1 Misdemeanor.
If you cannot obtain a concealed carry permit because of one of these issues, and you choose to carry a weapon hidden on your person, you can be arrested and charged with a misdemeanor or felony.
You were convicted of a drug offense within three years of the application. You were adjudicated as delinquent as a minor for a crime that would have been a felony offense or. You have been convicted of any assault, assault and battery, sexual battery, discharging a firearm, or brandishing a firearm within three years of the application. You are likely to use the weapon unlawfully or negligently. You received a dishonorable discharge from the U.S. You have been convicted of alcohol-related offenses or exhibit habitual drunkenness. You have received mental health or substance abuse treatment in a residential setting within five years of the application. You are addicted to any controlled substance.
You have two or more misdemeanor convictions within five years prior to the application.There is currently a felony offense pending against you.There is a restraining order or protective order against you.You were involuntarily admitted to mental health treatment.You have been adjudicated mentally incapacitated or incompetent.You have been acquitted of a crime for reason of insanity.Several factors can make you ineligible for a concealed carry permit: Handgun competency can be established through a safety and/or training course or presenting evidence of equivalent experience, such as military service. You must be at least 21 years old, show proof of handgun competency, and pay a fee. To carry a firearm concealed on your person, you must obtain a concealed carry permit in the county where you live. If a minor under 18 years of age is found in possession of a firearm and does not fit into a lawful exception, prosecutors can charge them with a Class 1 misdemeanor. Most individuals over 18 years old can carry a firearm openly in Virginia, though there are restrictions.
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You can schedule a free consultation by calling (540) 343-9349 or submitting your information online. Whether you are arrested or charged under Virginia or federal law, you should contact a Roanoke possession of firearm attorney at Copenhaver, Ellett & Derrico. The penalties and consequences for a firearm conviction are not to be taken lightly. You might face a more serious charge under federal law. Federal gun laws also limit who can carry weapons and which properties must remain gun-free. If the police determine you are unlawfully carrying a firearm, then you can be charged with a misdemeanor or felony. There are many restrictions on who can carry a weapon, whether openly or concealed, and where. The right to carry a firearm in Virginia is not absolute.