Arlington Gun Lawyer
The right of Arlington’s citizens to own and carry firearms is a contentious issue. Overall, the Commonwealth takes a middling approach to proper firearm ownership. While most citizens can legally own most firearms with a minimum effort, other firearms are per se illegal.
On the other hand, it is always illegal to use a firearm in an illegal way. This can range in severity from taking a firearm into a prohibited location to using a gun to perpetrate another offense. In any event, charges involving the illegal possession or use of firearms in Arlington can bring severe penalties.
An Arlington gun lawyer may be able to help you if you are facing allegations related to the use or ownership of firearms. An accomplished criminal attorney could help you to understand your rights to bear arms and to fight back against any allegations that you broke Commonwealth law.
Illegal Gun Ownership in Arlington
The Commonwealth is an open-carry state. This means that most citizens are free to purchase firearms and to carry them in public. One key exception to this rule concerns concealed handguns. VA Code §18.2-308 states that it is a class 1 misdemeanor for any person to carry a concealed weapon of any sort, including handguns. A violation means that a court can sentence a defendant to up to one year in jail.
The statute also states that it an affirmative defense to this allegation that a defendant possessed a conceal-carry permit. VA Code §18.2-308.01 says that any person may apply for this privilege and that there is a presumption that law enforcement will issue the permit. Prominent exceptions to this assumption are that convicted felons, people who are the subject of protective orders, and drug-dependent persons cannot carry a concealed handgun.
Other weapons are always illegal to possess, and there is no way for a person to obtain a permit. According to VA code §18.2-300, it is never legal to possess a sawed-off shotgun or rifle. The punishment for a violation here is a class 4 felony where a prison sentence upon conviction is a mandatory two-year minimum prison sentence. An Arlington gun lawyer could help defendants to refute allegations of illegal firearm possession.
The Use of Legally Owned Firearms in an Illegal Way
Even if a person legally owns their firearms, the way that they can use them is still limited by law. One major limiting factor is the location. VA Code §18.2-280 provides that it is a misdemeanor for any person to discharge a firearm in a city, town, or any public gathering. The charge becomes a felony if a person is injured. Similarly, it is always illegal to bring a firearm into certain buildings. Churches, airports, and courthouses are always firearm-free locations.
Naturally, it is also illegal to use a firearm to aid in the commission of another criminal offense. In this way, the use of a firearm is an aggravating factor in what may already be a serious allegation.
For example, simple theft is a misdemeanor level offense where a conviction is unlikely to result in jail time. However, if a defendant faces allegations that they used a firearm to aid in the commission of that theft, the charges become those of robbery.
According to VA Code §18.2-58, a conviction is a felony that carries a mandatory five-year prison sentence. A gun lawyer in Arlington could help individuals facing allegations of illegal firearm use.
An Arlington Gun Attorney Could Help Protect Your Rights
The right to own and bear arms is central to many peoples’ rights as American citizens. However, the Commonwealth has placed restrictions on what types of firearms it is legal to own and where you may bring them. An allegation of improper ownership is usually a misdemeanor but can affect future firearm ownership.
More serious are allegations of illegal firearm use. Simply firing a gun in public places can result in serious charges and using a firearm to help commit another offense is always a felony.
An Arlington gun lawyer may be able to help you no matter what type of firearm charges you are facing. They can work to conduct their own investigation into the incident, to help gather paperwork that may speak to your legal ownership of the gun, and even to refute the idea that a gun was present at a scene of an alleged crime. Contact an Arlington gun attorney today to learn more.
