Firearms & Weapons Charges

What Firearm and Weapon Charges Are Prosecuted in Virginia?

Virginia firearm and weapon laws regulate who may possess a weapon, how it may be carried or transported, where possession is prohibited, and how an alleged weapon relates to another criminal charge. A case can arise even when no firearm was discharged, and no one was physically injured. The prosecution may instead focus on possession, concealment, prohibited status, location, or the alleged connection between a weapon and another offense.

Firearm and weapon cases may involve allegations of:

• Possession of a firearm or ammunition by a convicted felon
• Carrying a concealed weapon without legal authorization
• Brandishing or pointing a firearm
• Reckless handling or discharge of a firearm
• Possession of a firearm while possessing certain controlled substances
• Use or display of a firearm while committing certain felonies
• Possession in a prohibited location
• Possession while subject to a qualifying protective order
• Unlawful firearm purchase, transfer, or false statements
• Possession of a stolen firearm
• Weapons offenses involving juveniles
• Federal prohibited-person or firearm-possession charges

The potential penalties depend on the exact statute, the accused person’s criminal history, the type of weapon, and the surrounding allegations. Some Virginia firearm offenses carry mandatory minimum prison terms that must be served consecutively to the sentence for an underlying felony. A prior violent-felony conviction or recent felony conviction may also increase the mandatory punishment for prohibited possession. Virginia possession by a convicted felon law | Virginia concealed-weapons law | Firearm use during certain felonies

How Can a Firearm or Weapons Charge Be Defended?

A firearm defense begins with identifying every element the prosecution must prove. Possession may be actual, such as a weapon allegedly found on a person—or constructive, when prosecutors claim the accused knew about the weapon and exercised control over it. A firearm found in a shared vehicle, residence, or container does not automatically establish that every person nearby possessed it.

Important defense questions may include:

• Did law enforcement conduct a lawful stop, search, or seizure?
• Did the accused knowingly and intentionally possess or carry the weapon?
• Can the firearm be reliably connected to the accused?
• Did another person own or control the location where it was found?
• Was the weapon legally stored or transported?
• Did a concealed-carry permit, statutory exception, or restoration order apply?
• Can the prosecution prove the alleged weapon was connected to another crime?
• Do body-camera footage, fingerprints, DNA, surveillance video, or witness accounts support the allegations?
• Were statements obtained voluntarily and lawfully?
• Is the accused actually prohibited from possessing a firearm under the applicable state or federal law?

A defense may involve challenging unlawfully obtained evidence, disputing possession or knowledge, establishing that an exception applies, contesting the alleged connection to another offense, or defending against the underlying criminal charge. Felty Law Firm reviews the evidence, the accused person’s legal status, and the applicable Virginia and federal statutes to develop an appropriate strategy.

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Strong legal representation begins with understanding the facts, the risks, and the person behind each case. Felty Law Firm provides thoughtful guidance, thorough preparation, and focused advocacy throughout the legal process. Clients receive direct communication and a strategy shaped around their circumstances, priorities, and legal objectives.

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