With the second amendment right to bear arms being important to Virginians, a criminal conviction for certain crimes will result in you losing this right. Before pleading guilty to any crime, understand the consequences for purchasing and possessing a firearm or ammunition with a criminal conviction.
What is the definition of a firearm?
Under the Gun Control Act (1968), firearms are:
any weapon, including a starter gun, which is designed to or may readily be converted to expel a projectile by the action of an explosive;
the frame or receiver of any such weapon;
any firearm muffler or firearm silencer; or
any destructive device.
Do different firearms fall under different laws?
Both the Gun Control Act (which is the exercise of Congress’ authority under the Commerce Clause) and the National Firearms Act (IRS Title 26 taxing authority) set out different definitions and requirements for firearms. It is important to comply with both sets of regulations when purchasing and possessing firearms. For example, an antique firearm manufactured before 1898 is different under GCA than NFA.
What government agency or department oversees firearms laws and legislation?
The Bureau of Alcohol, Tobacco, Firearms and Explosives and Alcohol and Tobacco Tax and Trade Bureau are responsible for all federal firearms laws, legislation and enforcement and the Virginia State Police are responsible for laws, legislation and enforcement within the Commonwealth of Virginia.
Do you need a permit to own a handgun in Virginia?
The open carry of a handgun without a permit in Virginia is legal, as long as you are over the age of 18, do not have a legal order banning you from possessing a firearm, and ensure it is clearly visible and is not covered in any way, except where prohibited by statute. You do not need a Concealed Handgun Permit (CHP) while transporting your handgun in a personal, private vehicle or vessel, as long as it is secured in a container or compartment.
Are there exceptions to the open carry of a handgun?
Virginia laws prohibit the open carry and carry concealed of firearms in airports, courthouses, school grounds, places of worship. Where Virginia law does not prohibit the carry of a handgun, there may be administrative regulations banning the carry of handguns in: parks, hospitals, sports arenas, gambling facilities, or polling places.
Further, in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Fairfax, Henrico, Loudoun, or Prince William, it is illegal to carry two types of firearms on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public in certain cities. In these Cities, it is illegal to carry:
semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock; or
shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered. Concealed handgun permit holders and individuals actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest are among the exceptions.
What is the difference between open carry and carry concealed?
The open carry of a handgun allows you to visibly display your handgun, on your person. However, should you put on a jacket and conceal your handgun, you will then be required to possess a Concealed Handgun Permit (CHP). Failure to possess this Permit while it is hidden under your clothing is a crime.
If you have been charged with a firearm offence in King George or Spotsylvania, contact Susan Fremit now at 540-445-1299 for a free consultation.
This information does not constitute legal advice and is meant for information purposes only. Information provided is current as of post date and is subject to legislative change at any time.
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