Firearms in Virginia
As laws related to firearms can differ from state to state, find out the answers to top questions asked about firearms in Virginia below.
Can I bring a firearm into a restaurant or night club?
As of 2010, it became lawful in Virginia for concealed handgun permit (CHP) holders to carry firearms in any restaurant or club licensed to serve alcoholic beverages for on-premises consumption, as long as you do not consume alcohol on the premises.
What misdemeanor crimes will result in losing my rights to possess a firearm?
Under federal law, you will lose your right to possess, ship, transport or receive a firearm or ammunition if you have been convicted of domestic assault on:
a current or former spouse, parent or guardian of the victim; a person with whom the victim share a child in common,
a person who was cohabitating with or had cohabitated with the victim as a spouse, parent or guardian; or
a person who was cohabitating with or had cohabitated with the victim not as a spouse, parent or guardian.
You could also lose your right to purchase or possess a handgun for a 36 month period if you have been convicted under Virginia law in the last 5 years for a class 2 misdemeanor offense for Possession of a Controlled Substance or Possession of Marijuana.
What felony crimes will result in losing my rights to possess a firearm?
Any felony conviction that falls under 18 U.S.C. § 922(g)(1) will result in losing your right to possess a firearm for life, without a Governor’s absolute pardon.
Is there a way to get my gun rights restored under Virginia state law?
Without a Governor’s absolute pardon, the only way to get your gun rights reinstated is through an expungement. However, in Virginia, an expungement can only be obtained if: you are found not guilty by the court (dismissal); the charges are withdrawn (nolle prosequi) by the Court on a motion by the Commonwealth; or an individual’s name is used in error.
Is there a way to get my gun rights restored under Federal law?
While the Alcohol, Tobacco and Firearms (ATF) bureau is legislated to restore federal gun rights, since October 1992, Congress has refused funding. Therefore, without funding, the ATF cannot restore these rights.
Can I lose my right to possess, ship, transport or receive a firearm or ammunition if I am subject to a protective order?
Yes, under Federal Law 18 U.S.C. § 922(g)(8), you will lose your right to possess a firearm while subject to a protective order. Further, under Virginia state law § 18.2-308.1:4, you will lose your right to possess a concealed handgun while subject to a protective order.
Can I buy a gun with drug arrests on my record?
This is not a simple answer. Any felony conviction prohibits you from legal gun possession, but outside of felonies, there are several reasons to keep someone from being able to purchase a gun – one reason is being a drug addict. If you have several drug arrests in past few years, this would support concerns of drug addiction. However, you can write to the clerk of the county court where you were convicted to obtain a copy of your drug conviction(s) and find a local experienced criminal defense attorney who will likely give you a free consultation.
What do I do with my gun, if I have been convicted of domestic assault?
The Alcohol, Tobacco and Firearms (ATF) bureau advises to immediately and lawfully dispose of the firearm and/or ammunition by transferring to your attorney, local police agency or a federal firearms dealer.
What are the Sentencing Guidelines for possession of ammunition of a second time felon?
Guidelines involve not just the current charge, but any prior convictions for misdemeanors and/or felonies, whether you served a jail sentence on any of those convictions, whether you have a juvenile record, whether you were on probation at the time the current offense was committed, etc. Your lawyer would be in a very good position to calculate the Guidelines for you. Just keep in mind that if this is a state offense (as opposed to a federal offense) and the Sentencing Guidelines are not mandatory, which means a judge can disregard them. It is not often done, but it does happen.
If a non-felon has a felon roommate living with them, can the non-felon have a gun?
Technically, while you as a non-felon can absolutely have a handgun, your roommate could be arrested as a felon in possession of a gun that belongs to another person. The key issue for the police is whether the convicted felon had access to the gun, so at the very least, you should keep the gun in a place that cannot be accessed, like a gun safe or outside of the house.
Can a felon possess a firearm that is either inoperable or without a firing pin?
Under section 18.2-308.2, possession of a firearm by a convicted felon, and looking at relevant case law, the section’s language does not require direct evidence of operability of the firearm (Moore v. Commonwealth, No. 2755-95-3 (Ct of Appeals Dec. 31, 1996). Another case, Armstrong v. Commonwealth, No. 1388-99-3 (2000 Va. App. LEXIS 753) stands for the idea that a conviction under this section could occur where a firearm not previously operable could be readily or easily restored to operability. Therefore, making a gun inoperable or without a firing pin, could fall within the “easily restored to operability” situation. The short answer: no.
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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