Manassas Gun Lawyer

In the Commonwealth of Virginia, as in the federal government, the regulations about firearms are outlined and upheld for the well-being of its residents. These laws are crafted to strike a balance between our constitutional right to bear arms and the imperative to safeguard the public from the threat of gun violence. In Manassas, Virginia, breaching these statutes is a grave legal matter. Individuals accused of any offense involving a firearm require the expertise and legal defense of an experienced Manassas gun lawyer to safeguard their rights.

Manassas Gun Offenses

The Commonwealth has regulations to delineate the eligibility for firearm ownership, possession, and carrying. These regulations restrict specific individuals, curtailing their capacity to bear arms. Accusations may arise against individuals found in violation of the ensuing statutes:

Possessing a concealed weapon without a permit constitutes a first-degree misdemeanor upon the initial violation [Virginia Criminal Code Section 18.2-308]. Subsequent violations result in a class 6 felony upon the second conviction and a class 5 felony for any subsequent convictions. The associated penalties are as follows:

Misdemeanor: maximum imprisonment of one year and a fine of up to $2,500.

Class 6 Felony: Imprisonment ranging from one to five years, up to one year in jail, and a fine of up to $2,500

Class 5 Felony: Carries a sentence of imprisonment ranging from one to ten years or confinement in jail for a period of 12 months, along with a prescribed fine of equal magnitude.

Carrying a concealed handgun is allowed by obtaining the necessary permit through an application with the Virginia State Police, as outlined in VA Code Section 18.2-308.01. Nevertheless, specific individuals are ineligible for a permit to carry or possess a handgun. This category encompasses:

  • Individuals recently treated in a mental hospital
  • Convicted felons
  • Individuals using or addicted to drugs, as well as those engaged in the illegal distribution or sale of drugs,
  • Illegal or unregistered aliens
  • Individuals subject to an existing restraining order
  • Individuals with a previous conviction for domestic assault
  • Fugitives from justice
  • Former military personnel who have received a dishonorable discharge

Violations related to the illegal discharge of firearms pertain to the act of firing a gun in public, as outlined in VA Code Section 18.2-280. If no injuries occur, the offense is classified as a class 1 misdemeanor, carrying penalties upon conviction that may include a fine of up to $2,500 and a maximum jail term of one year.

However, if someone sustains injuries, the charge escalates to a class 6 felony, with potential imprisonment of up to five years. In the tragic event of a victim’s death, the perpetrator could face involuntary manslaughter charges, classified as a class 5 felony under VA Code Section 18.2-36.1.

Moreover, discharging a firearm at or near an elementary or secondary school is deemed a class 4 felony. Conviction for this offense mandates a mandatory prison sentence ranging from two to ten years, coupled with a possible fine of up to $100,000. For more detailed information about the potential penalties you may encounter, it is advisable to consult with a Manassas gun lawyer.

Felony Firearm Violations in Manassas

The utilization of a firearm in the commission of a felony gives rise to dual felony charges, as outlined in Virginia Code Section 18.2-53.1. The mandatory minimum prison term for the sole firearm-related felony is five years, with the possibility of an extended sentence of up to 10 years. However, when the firearm is employed in the commission of offenses such as assault, kidnapping, robbery, or other grave crimes, the penalties for the two felony convictions are amalgamated. Individuals facing such accusations are advised to seek the counsel of a Manassas VA gun lawyer, as these offenses may lead to imprisonment ranging from 20 years to a life sentence, contingent upon the severity of the underlying felony accompanying the firearm conviction.

Various firearm offenses within the Commonwealth can be categorized as either misdemeanors or felonies, including:

  • Assault with a firearm, which may result in charges for unlawful or malicious wounding (refer to VA Codes Sections 18.2-51 or 18.2-51.2).
  • Displaying a firearm, including the act of revealing it by opening one’s coat, can lead to brandishing charges (refer to VA Code Section 18.2-28).
  • Submitting inaccurate information on a firearm permit application breaches VA Code Section 18.2-308.02(C).
  • Possession of a firearm by a minor is prohibited under VA Code Section 18.2-308.7.
  • Carrying a loaded firearm in an airport terminal is against the law, as per VA Code Section 18.2-287.01.
  • Possessing automatic firearms, assault weapons, sawed-off shotguns or rifles, and illegal ammunition while committing a crime of violence is unlawful under VA Code Sections 18.2-288, 18.2-299, 18.2-308.3, and 18.2-287.2.

How A Gun Lawyer in Manassas Can Help

Seeking the assistance of a Gun Lawyer in Manassas is crucial when facing various firearms offenses, such as possession, unlawful use linked to other federal crimes, and the distribution and illegal sale of firearms and other lethal weapons. Engaging in activities like transporting these weapons across state lines or possessing and illegally selling body armor or ammunition falls under federal crimes outlined in 18 U.S. Code Chapter 44. In cases of “enterprise” or “conspiracy”-related federal gun charges, additional felonies may be imposed, leading to severe penalties, including life sentences.

Individuals charged or under investigation for any gun violation should promptly seek the counsel of an experienced Manassas gun lawyer to ensure a robust and effective criminal defense.

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