With respect to firearms, this Section does not apply to: (i) law enforcement officers in the performance of their official duties; (ii) any person whose discharge of a firearm for the protection of life or property is legally justified or excusable; (iii) The surrender of a firearm to kill deer in accordance with Sections 29.1 through 529 of the Virginia Code on land of at least five acres designated for agricultural purposes; (iv) the discharge of a firearm otherwise expressly authorized by law; (v) The firing of black-to-white powder weapons in historical re-enactments, living history programmes and historical demonstrations; (vi) the firing of edged weapons to launch sports competitions; or (vii) ceremonial and patriotic performances. If an unauthorized person (1) carries the person (2) but is hidden or observable, but nevertheless appears in a manner that conceals his true nature, (3) a firearm (or other weapon), then that person is guilty of carrying a concealed weapon – a Class 1 Section 18.2-308 offence. The first violation of this offence is a Class 1 offence, where the guilty person faces up to 12 months in jail and/or a maximum fine of $2,500. Articles 18.2-11(a). The second violation of this section is a Class 6 crime, in which the offender is sentenced to imprisonment for one to five years or, at the discretion of the court or jury, reduced sentences of up to 12 months` imprisonment and/or a fine of up to $2,500. Articles 18.2 to 308; 18.2 to 10 (f). The third violation of this section is a Class 5 crime in which the guilty person faces a conviction for a crime punishable by imprisonment for one to 10 years or, at the discretion of the court or jury hearing the case, imprisonment for up to 12 months and/or a fine of up to $2,500. Articles 18.2 to 308; 18.2-10(e). § 19.2-386.28. Confiscation of weapons concealed, possessed, transported or transported in violation of the law.
Any firearm, electric shock weapon as defined in § 18.2-308.1 or any weapon that expires in violation of §§ 18.2-283.1, 18.2-287.01, 18.2-287.4, 18.2-308.1:2, 18.2-308.1:3, 18.2-308.1:3, 18.2-308.1:4, 18.2-308.2, 18.2-308.2:01, 18.2-308.2:1, 18.2-308.4, 18.2-308.5, 18.2-308.7 or 18.2-308.8 and is sold in accordance with § 19.2-386.29. If a person (1) illegally transports (2) a Schedule I or II controlled substance, and (3) simultaneously (4) intentionally possesses (5) a firearm, then the person is guilty of possession of firearms while in possession of certain substances – a Class 6 crime Section 18.2-308.4(A). In such a case, the person faces imprisonment of one to five years or, at the discretion of a jury or court without a jury to hear the case, up to 12 months imprisonment and/or a fine of up to $2,500. Articles 18.2 to 10(f). For the purposes of this section, an assault weapon is defined as any rifle or semi-automatic pistol whose magazine contains more than 20 rounds of ammunition, that is equipped with a silencer or folding stock. Articles 18.2 to 308.2:01(C). ALEXANDRIA, VIRGINIA DEFENSE ATTORNEY OUTCOME OF THE CASE: The charge of brandishing a firearm, a concealed handgun, during an altercation (code VA 18.2-282) was amended and reduced to trespassing, with a credit penalty for the time spent on the initial arrest and surrender of the weapon to the government. Concealed port […] Charges of firearm theft in Virginia include stealing a firearm, knowingly obtaining a stolen firearm and changing the serial number of a firearm. A number of gun charges in Virginia involve the use of firearms, including the use of certain firearms and the use of firearms to commit a felony or violent crime.
OUTCOME OF DEFENSE ATTORNEY ALEXANDRIA, VIRGINIA U.S. FEDERAL COURT FOR THE EASTERN DISTRICT OF VIRGINIA: Class A federal indictment for unlawful carrying of concealed firearm and large quantities of additional ammunition (Va Code 18.2-308 incorporated into federal law by 18 U.S.C. […] If a person intentionally discharged a firearm (or intentionally discharged a firearm) and someone was injured as a result, then the person is guilty of a Class 6 crime. Article 18.2-280(A). In such a case, the person would be subject to penalties including a conviction for a crime punishable by imprisonment of one to five years or, at the discretion of a jury or the court hearing the case, reduced sentences of up to 12 months` imprisonment and/or a fine of up to $2,500. Articles 18.2 to 10(f). If a person is not at a shooting range and is not hunting, they are likely to break the law, because if they shoot in or around a residential area, most people will consider it to be careless handling of a firearm or careless discharge of a firearm. If a person shoots at something, whether it`s an occupied apartment, an uninhabited apartment, a car, or something like that, it`s a crime in Virginia. Basically, any discharge of a firearm that is intended or has the potential to injure someone or damage property is likely to be charged as some kind of crime in Virginia.
The two usual swinging exceptions also apply to the discharge of a firearm in a public place. The Public Dismissal Act under sections 18.2 to 280 does not apply to law enforcement officials performing their official duties or to any person acting justifiably or excusable to protect his or her own life or property. It also does not apply if the unloading of the firearm is otherwise authorized. In summary, the policy used to defend your home, the defense of a person, and the legal defense of your property in Virginia are exceptions where you can legally discharge a firearm. In the state of Virginia, non-violent firearm offenses are generally Class 1 offenses. For example, careless handling of firearms, pointing a firearm in a public space, hunting (with firearms) under the influence of alcohol, carrying weapons in courthouses, carrying loaded weapons in public places, or purchasing firearms while subject to a protection order are all Class 1 offences. However, if a person with a previous firearms conviction is convicted of a firearms offence that would otherwise be a Class 1 offence, the crime becomes a Class 6 offence. Sections 18.2 to 311.2. Thus, instead of facing the penalties of a Class 1 offence, the person would be liable to imprisonment for one to five years or, at the discretion of a jury or the court, reduce jail terms of up to 12 months and/or a fine of up to $2,500. Articles 18.2 to 10(f).
Number one that you have not unloaded it. The most obvious defense is that you did not discharge the firearm. You may have the wrong person and there is an identity problem. However, this section does not apply to persons who, to the extent permitted by law, transport a legal firearm to (i) present the firearm to a U.S. customs officer, (ii) inspect the weapon with the person`s baggage, or (iii) retrieve the firearm from the baggage claim area of the airport. Sections 18.2 to 287.01. Even in these circumstances, the person must transport the weapon to the airport, as required by law: unload and secure. If such an act is committed unlawfully but not maliciously, the person who committed the offence is guilty of a Class 6 crime; and in the event of the death of a person as a result of such unlawful shooting or throwing, the person who committed the offence is guilty of manslaughter.
If a person intentionally throws a firearm into an occupied school building or shoots at a school building, whether occupied or not, they are guilty of a Class 4 crime. City of Alexandria: § 13-2-3 – Unloading of firearms. The main defense is a mistake or lack of intent. Crimes like these are very serious and all serious crimes require that the accused person intend to do something that caused the attack and shooting of that firearm. A mistake, perhaps when a person is charged with careless handling of a firearm or reckless discharge of a firearm, can certainly be a defence to that charge. Discharging a firearm in a public place is a Class 1 offence if no one is injured and a Class 6 crime if an injury occurs.