The United States Constitution, through the Second Amendment, protects the right to bear arms, subject to reasonable regulations. However, there are restrictions under Virginia laws regarding where a person can legally carry a firearm. Virginia laws also prohibit possessing or owning certain types of guns within the boundaries of the state. Judges take firearm charges seriously. Therefore, a conviction for a weapon offense can have detrimental consequences. You could face additional criminal charges if you are guilty of committing a felony using a gun.

Most firearm crimes are charged as felonies, and they attract mandatory minimum penalties. It is important to consult an aggressive criminal defense attorney if you are charged with a weapon crime. The Virginia Criminal Attorney has a reputable team of attorneys that can fight for you. We will evaluate your case and help you create a solid defense for your charges.

Understanding A Firearm

According to Virginia law, a firearm is an instrument that is meant and intended to shoot a projectile by means of an explosion, even if it is inoperable. A gun is generally a dangerous weapon. A dangerous weapon is an instrument that has the potential to cause great bodily harm or death from the manner in which it is used. A firearm can be harmful even if it is inoperable or unloaded. Several offenses in Virginia have enhanced penalties if you are armed with a gun or other dangerous weapon when committing the offense.

There are various types of weapons that are regarded as firearms. Several laws also prohibit certain acts involving these specific firearms.

Shooting Guns Illegally

Several statutes in Virginia specify circumstances under which firing guns can be illegal. It is an offense for you to fire a firearm in public places and inside buildings, with specific laws for situations where you fire a gun from a car or across roads.

Shooting A Firearm Inside or At A Building - Virginia Code 18.2-279

You can face felony charges under VA 18.2-279 if:

  • You fire a gun inside or at a building
  • At least one person occupies the building
  • You endanger the health and life of the person inside

You will face the charges based on the circumstances surrounding your firing and where you fired the gun. The judge can convict you of a class four felony if you fired a weapon maliciously or with the intent to cause harm. In this case, you could face a jail term of two to ten years in a state prison and a fine that does not exceed $100,000 under Section 18.2-10(d).

You could face second-degree murder charges if your malicious firing caused the death of any person. You could face first-degree murder charges if your malicious firing was part of an intentional and premeditated homicide.

The court can convict you of a class 6 felony if you fire a gun without malice or the intent to harm another person. In this case, you can face a jail term of one to five years in a state prison. You can face a reduced jail term of one year and a fine of $2,500 under Section 18.2-10(f) upon the discretion of a jury or the judge presiding over your case.

Willfully Firing A Gun In Public Places - Virginia Code 18.2-280

It is an offense under VA 18.2-280 for you to intentionally shoot a gun in a public place. According to this law, public places include:

  • Any place of public business (Section 18.2-280(a)
  • Any area open to public gatherings, and
  • Any street within a town or city

You will face the charges based on the following:

  • Whether another person suffered injuries as a result of your firing
  • Whether you shot on school property or public property within 1000 feet of school property under Section 18.2-280(b) and(c)

The judge can convict you of a class 6 felony if you intentionally fire a gun and injure another person. In this case, you could face a jail term of one to five years in a state prison. You can also face a fine of $2,500 and a reduced jail term of one year under Section 18.2-10(f) upon the discretion of the jury or the judge.

You could face a class 1 misdemeanor charge if you intentionally discharge a gun without causing harm to any person. This offense can attract a jail term of one year and a fine of $2500 under Section 18.2-11(a). You can face a class 4 felony charge if you intentionally fire a gun on any middle, elementary, or high school property or public property within 1,000 feet. However, the following exceptions exist under this law:

  • The law allows you to fire on the school property if you are doing so with the school’s consent or as part of the program sponsored by the school.
  • The law allows you to fire a gun on public property within 1000 feet of a school if you are engaged in legal hunting.

Hunting With A Gun While Under Influence Of Drugs or Alcohol - Virginia Code 18.2-285

It is an offense under VA 18.2-285 for you to hunt with a gun while under the influence of alcohol or drugs. You can face class 1 misdemeanor charges if you hunt with a firearm while intoxicated to the extent that alcohol or drugs impair your ability to hunt with a gun safely. The judge can impose a jail term of one year and a fine of up to $2,500 under Section 18.2-11(a) if you are guilty of hunting while under the influence.

Shooting A Gun In or Across A Road - Virginia Code 18.2-286

Virginia Code 18.2.286 is not applicable to authorized shooting ranges. You could face class 4 misdemeanor charges if you shoot a gun on a road or across a road. In this case, you can face a fine that does not exceed $250 under Section 18.2-11(d).

Firing A Gun From A Vehicle - Virginia Code 18.2-286.1

It is an offense under VA 18.2-286.1 to intentionally fire a gun while in a car and endanger the life and health of someone else. You can also face charges under this law if you cause another person to be reasonably fearful of death or injury. Firing a gun from a car is a class 5 felony. This offense can attract a jail term of ten years in a state prison. However, you can face a reduced sentence of a one-year jail term and a $2,500 fine under Section 18.2-10(e) upon the discretion of a jury or the judge.

Handling A Firearm Recklessly In Public

You can face any of the following charges if you recklessly handle a gun in a public place. The charges you face will depend on the facts of your case.

Reckless Handling Of A Gun - Virginia Code 18.2-56.1

You can face class 1 misdemeanor charges under VA 18.56.1 if you handle a gun recklessly and put other people’s property or health in danger. This offense can attract a jail term that does not exceed one year and a fine that does not exceed $2500 under Section 18.2-11(a).

Leaving Firearms Recklessly Accessible To Children - Virginia Code 18.2-56.2

You could be guilty of a class 3 misdemeanor under VA 18.2-56.2 if you recklessly leave a loaded and unsafe gun where a child below 14 years can access it. This crime can attract a fine that does not exceed $500 under Section 18.2-11(c). You can also face charges under this statute if you knowingly allow a child below 12 years to use a gun without supervision under Section 18.2-56.2(b). Supervision can be done by either a guardian, parent, or any individual above 21 years who a parent mandates. You can face class 1 misdemeanor charges if you violate this law. This crime can attract a jail term of one year and a fine of up to $2,500 under Section 18.2-11(a).

Pointing, Holding, or Brandishing A Firearm In Public - Virginia Code 18.2-282

It is an offense under VA 18.2-282 to point, hold, or brandish a gun, a gas or air-operated gun, or any device that looks similar to a gun in public and that can cause fear of injury. This offense is charged as a class 1 misdemeanor. However, you will face class 6 felony charges if you are on elementary, middle, or high school property or within 1000 feet of a school property. The court can impose a jail term of one year and a fine of up to $2,500 for this offense if you did not commit the crime at or within 1000 feet of a school. You could face a jail term of one to five years in state prison if you committed this crime on a school property or within 1000 feet of school property. The judge can also impose a reduced sentence of one year and a fine of $2,500 under 18.2-10(f) upon their discretion.

Gun-Prohibited Places

It is illegal to possess or use guns in certain areas. Some of the charges that can arise include the following:

Places Of Religious Worship During Religious Meetings - Virginia Code 18.2-283

It is a crime under VA 18.2-283 to carry a gun into a place of religious worship while there is a religious meeting without any reason. This offense is charged as a class 1 misdemeanor. In this case, you can face a jail term of one year and a fine of up to $2,500 under Section 18.2-11(a).

Courthouses - Virginia 18.2-283.1

It is an offense under VA 18.2-283.1 for any person to possess or transport a gun, part of a gun, or ammunition into a courthouse. You can face class 1 misdemeanor charges if you are found guilty of this offense. In this case, you could face a jail term of one year and a fine that does not exceed $2,500.

Airport Terminals - Virginia Code 18.2-287.01

You can face class 1 misdemeanor charges if you possess or transport a gun, part of a gun, or ammunition into an airport terminal. This offense can attract a jail term of one year and a fine of up to $2,500 under Section 18.2-11(a). Additionally, your gun, part of the gun, or ammunition will be confiscated permanently, and the authorities will dispose of it.

However, this statute will not be applicable if you are allowed to transport a legal gun:

  • To present to a U.S Customs agent
  • To check the gun with your luggage or
  • To retrieve the gun from the airport’s baggage claim area

Even with the above factors, you must be transporting the gun in the airport as required by the law. In this case, the gun must be unloaded and safe.

Carrying Loaded Guns In Public Places - Virginia Code 18.2-287.4

It is lawful to carry certain guns openly in most areas of Virginia. However, you can face the charges under VA 18.2-287.4 if you carry one of the following guns in public when loaded:

  • A shotgun with a magazine, which holds more than seven rounds of ammunition
  • A semi-automatic pistol equipped with a magazine, which holds more than 20 rounds of ammunition, or is designed to be fitted with a silencer
  • A semi-automatic rifle equipped with a magazine that holds more than 20 rounds of ammunition, which is designed to be fitted with a silencer or designed to be equipped with a folding stock

A gun is deemed to be in public if it is on your person and you are on any public park, right-of-way, sidewalk, alley, road, street, or other place open to the public.

Virginia Code 18.2-287.4 is also applicable to public areas in the following areas:

  • City of Virginia Beach
  • Fairfax County
  • Prince William County, and
  • City of Alexandria

Prohibited or Regulated Guns, Devices, And Ammunition

Teflon-coated ammunition, plastic guns, and striker 12 shotguns are not allowed in Virginia. However, automatic guns and ‘’sawed-off’’ guns are regulated at a heightened level under the Uniform Machine Gun Act and the Sawed-Off Shotgun and Sawed-Off Rift Act. Virginia has strict regulations governing the possession, use, and transfer of these firearms and accessories. You can face severe penalties if you violate the various laws that cover these weapons. Additionally, most of the laws that cover these prohibited guns use the term ‘’crime of violence’’, which is defined under VA 18.2-288 and VA 18.2-299.

Crimes of violence include:

  • Murder
  • Larceny
  • Housebreaking
  • Manslaughter
  • Burglary
  • Kidnapping
  • Robbery
  • Rape
  • Assault with intent to maim, kill, disfigure, or disable
  • Mayhem

Uniform Machine Gun Act - Virginia Code 18.2-288 Through 18.2-298

A machine gun is a firearm under VA 18.2-288 that can automatically fire multiple rounds of ammunition with a single pull of the trigger. The court can charge you with a class 2 felony if you use or possess a machine gun in an offense of violence or attempted offense of violence under VA 18.2-289. This crime can attract a jail term of 20 years in a state prison and a fine that does not exceed $100,00 under VA 18.2-10(b).

The judge can charge you with a class 4 felony if you unlawfully possess or use an automatic gun for an offensive or aggressive purpose under VA 18.2-290. This crime can attract a jail term of two to ten years in a state prison and a fine that does not exceed $100,000 under Section 18.2-10(d).

Possessing or using a machine gun for offensive or aggressive purposes under Section 18.2-291 is defined as an act where any of the following facts is true:

  • If the machine gun is found in the immediate vicinity of either loaded machine gun shells that can be used or empty machine gun shells
  • If the machine gun has no registration number under VA 18.2-295
  • If you have been convicted of a violent offense and are in possession of or used a machine gun
  • You are in possession of a machine gun, and it is anywhere except your place of business or home

The law does not just target a particular person who possesses or uses a machine gun. It presumes that any individual who is in a car, boat, or room where the machine gun is discovered possesses or has used the gun under Section 18.2-292.

You can face class 4 felony charges if a machine gun is discovered for a presumed offensive or aggressive purpose and you are in the room, car, or boat where the gun was discovered.

You must take the machine gun for registration with the Virginia State Police Department within 24 hours of acquisition. You should also do this in situations where a semi-automatic weapon has been modified into an automatic gun under Section 18.2-295.

A machine gun can only be registered if it falls under one of the requirements for possessing a machine gun, listed under VA 18.2-293 as follows:

  • Possession for purposes that are manifestly not offensive or aggressive,e like testing ammunition
  • Possessing an automatic gun in a state where the gun is not functional but just kept as an ornament, for curiosity, or as a keepsake.
  • Use and possession for scientific purposes.s

Sawed-Off Shotgun And Sawed-Off Rifle Act - Virginia Code 18.2-299 Through 18.2-307

The Sawed-off Shotgun and Sawed-Off Rifle Act regulates situations under which it is lawful to own this type of gun. This Act spells out the penalties you can face if you fail to adhere to those laws. According to VA 18.2-99, a Sawed-off shotgun is any shotgun-like firearm that is a .225 caliber or higher. Its barrel is below 18 inches in length for smooth-bore guns or below 16 inches in barrel for rifled guns.

According to VA 18.2-299, a Saw-Off rifle is a shoulder rifle of any caliber with a barrel below 16 inches in length or with a length below 26 inches.

The judge will convict you of a class 2 felony if you commit or attempt to commit an offense of violence or use a sawed-off shotgun under VA 18.2-300(a). This offense can attract a jail term of 20 years in a state prison and a fine that does not exceed $100,000 under Section 18.2-10(b).

You are restricted to possessing a sawed-off shotgun for only scientific purposes. The law also allows you to possess a sawed-off shotgun if it is not working and you are keeping it merely as a curiosity or keepsake, according to 18.2-303.1. Use or possession of a sawed-off shotgun is also allowed when it is linked with police officers, the military, or the National Guard.

You can face class 4 felony charges if you use or possess a sawed-off shotgun for any purpose other than the lawful ones listed above. This crime can attract a jail term of two to ten years in a state prison and a fine that does not exceed $100,000 under Section 18.2-10(d).

Plastic Guns - Virginia Code 18.2-308.5

You can face class 5 felony charges if you sell, import, possess, give, or manufacture plastic guns under 18.2-308.5. A plastic gun has less than 3.7 ounces of electromagnetically detectable metal in a section of the gun. When examined under an X-ray machine like conventional ones used at airports, the image that the machine generates will not depict the shape of the weapon accurately.

You can face felony charges for manufacturing, importing, selling, and transferring plastic guns. The judge can impose a sentence of up to ten years in a state prison. The judge can also impose a reduced sentence of one year and a fine of $2,500 at their discretion.

Find A Criminal Defense Attorney Near Me

Weapon offenses are serious crimes under Virginia law, given the risk that weapon use poses to the community. If you face weapon offense charges, you should contact a skilled attorney to help you create a defense for your charges. An attorney will evaluate your case and advise you on the best course of action. At the Virginia Criminal Attorney, we have a skilled team of attorneys who can help you fight your charges. Contact us today at 703-718-5533 to speak to one of our attorneys.