Virginia is commonly known as a firearm friendly state, but there are still many laws that govern possession and use of a firearm arm. Most of the laws proscribe who can and cannot possess a firearm and where firearms can be possessed. Virginia is an “open carry” state, which means that any person, except felons or certain other person, can possess a firearm that is carried openly, that is a firearm that can be seen by the public. A firearm that is not carried openly is a concealed weapon, and a permit is required to possess a concealed weapon.
Possession Crimes
The most common crime committed dealing with the possession of a firearm is carrying a concealed weapon. A firearm is considered concealed if it is hidden from common observation and readily accessible to the person. Va. Code § 18.2-308. A gun that is hidden underneath clothing, in a purse or other bag, or hidden under or between seats in a vehicle is considered concealed. A gun that is in a secured container is exempt from the concealed weapon law. A secured container can include an unlocked glove compartment. Carrying a concealed weapon without a permit is a class 1 misdemeanor, punishable by up to 12 months in jail.
It is also illegal for some people to possess a firearm at all. Those who have been convicted of felonies, adjudicated delinquent as juveniles of some felonies, have been involuntarily committed to a mental institution or are subject to a protective order are forbidden from possessing firearms. Va. Code § 18.2-308.1-308.8. Possession of a firearm as a felon usually carries a two or five year mandatory sentence, dependent on the underlying felony conviction.
Use Crimes
Just because you are allowed to have a gun, does not mean there are rules that govern when and where a person can display or use a firearm. The most common of those crimes are brandishing a firearm (§18.2-282) or reckless handling of a firearm (§18.2-56.1). Both of these crimes are class 1 misdemeanors. Brandishing a firearm is the unjustified display of a firearm that places another person in fear for their safety. Justification is the threat of serious physical harm from the other party. Reckless handling of a firearm is the unsafe use or firing of a firearm. The use must be in such a manner that shows a willful and wanton disregard for human life.
If you have been charged with a crime that involves a firearm, or have questions about your rights to possess a firearm, please call the criminal lawyers at Winslow & McCurry at 804-423-1382.
