Weapons Violations Defense Attorney in Lynchburg & Blackstone, Virginia

The Second Amendment to the U.S. Constitution grants citizens the right to own and bear arms. However, the federal government and states have limitations.

Open carry means you can have a visible weapon while in public. Virginia is one state that permits open carry of firearms for its citizens but at the same time restricts different types of weapons and the places where they may be carried.

That being said, Virginia also takes weapons violations seriously, and if you break one of the legal codes involving firearms, you can face serious consequences, not only involving jail time but also fines and a criminal record that can haunt you for the remainder of your life. Therefore, it is vital to have a reliable criminal defense attorney on your side for advice.

If you are facing a weapons charge in or around Lynchburg or Blackstone, Virginia, contact E. Gordon Peters, Jr., Attorney at Law, for strong legal assistance. Gordon is an experienced criminal defense attorney who will protect your rights and fight for the best possible outcome in your case. He also proudly represents clients in the counties of Amherst, Campbell, Bedford, Nottoway, Prince Edward, and Charlotte, Virginia. 

Open and Concealed Carry in Virginia

Virginia has limitations on the types of weapons and where you can be in possession. Some restrictions include a semi-automatic rifle, a pistol with a magazine that holds more than 20 rounds, or a pistol with a silencer.  

Private property owners, including establishments such as restaurants and bars, are allowed to post signs barring firearms. Also, weapons are prohibited in public and government venues, including parks, recreation centers, schools, hospitals, and more.  

The Commonwealth also offers concealed carry permits (CCPs), but there are restrictions. Concealed carry means the weapon is not visible on your person. You must be 21 to apply, undergo a background check, and provide documentation of handgun competency, usually from a certified safety class. 

Common Weapons Violations 

One of the most common violations involves carrying a concealed weapon without a permit. A concealed weapon doesn’t have to be a firearm. It can also be a switchblade or brass knuckles. A first offense can lead to 12 months in jail and a fine of up to $2,500. A first-time offense is still a misdemeanor, but subsequent offenses become felonies. A second offense can be punished by five years in prison, and a third by ten years.  

Discharging a firearm in a public place, whether on a street, inside a business, or at a public gathering, is another common violation. A first offense is similar in punishment to carrying a concealed weapon without a permit, but if someone is hurt, the crime rises to a felony punishable by up to five years imprisonment. 

Brandishing a firearm is another common violation. This involves holding, pointing, or brandishing a firearm in a way that causes another person to be fearful. The first offense is a misdemeanor but can rise to a felony if it happens on school property.  

It is also illegal for anyone convicted of a felony to possess a firearm, which is a felony offense punishable by up to five years behind bars and a fine of up to $2,500. Having a firearm while in possession of drugs is also a felony. The statute carries a mandatory minimum sentence of two years imprisonment.