A Criminal Defense Attorney Defends Second Amendment Rights

The Second Amendment is a deeply held right for many in Virginia, allowing individuals to keep and bear arms legally. However, illegal firearms possession charges can put this right at risk. Such offenses carry serious consequences, whether due to misunderstanding or lack of compliance with state laws.

In this article, you can learn about Virginia’s firearms possession laws and their consequences. See the potential criminal penalties, how a conviction can impact Second Amendment rights, and long-term effects on your life. A criminal defense attorney can help you through legal defenses and challenge these charges in court.

When Possessing A Firearm Becomes Unlawful

The Second Amendment grants U.S. citizens the right to own and possess firearms. It allows individuals to use them for self-defense, hunting, and other lawful pursuits. However, there are essential legal boundaries that, when crossed, make its possession illegal.

Firearms That Are Illegal To Possess

While Virginia firmly upholds the right to bear arms, the state imposes strict regulations on certain firearms deemed too dangerous or difficult to control. The law prohibits the possession of specific weapons to minimize the risk they pose to public safety, and violating these rules leads to severe penalties.

Machine guns, for example, have limited legal uses and must be registered with the state police. These fully automatic guns can shoot continuously with a single trigger pull, making them a significant threat if improperly used.

Sawed-off shotguns and rifles are similarly restricted. Shortening their barrels increases lethality at close range, heightening their ability to endanger others in certain situations. The law prohibits possessing or altering these weapons without the appropriate permits.

Plastic firearms, often called ghost guns, are built primarily from non-metal materials and can evade metal detectors. State and federal laws prohibit it due to their undetectability, which makes them a clear threat to public safety.

Restrictions Based On The Person

Not everyone in Virginia is legally allowed to keep or bear arms. Several restrictions are in place based on a person’s mental condition, legal status, or criminal history. For public safety, these laws aim to prevent access to potentially dangerous individuals.

• Non-Citizens: Undocumented immigrants cannot legally possess guns in Virginia. Legal residents with proper immigration status may own firearms but must often prove state residency.
• Felons: Individuals convicted of felonies face a lifetime ban, and restoring their Second Amendment rights requires a lengthy legal process.
• Minors: Those under 18 are prohibited from possessing guns, except in supervised activities like hunting, target shooting, or if they are within the household.
• Mentally Incapacitated: Courts prohibit individuals declared mentally incapacitated from owning weapons to prevent potential harm to themselves or others.
• Substantial Risk Orders (SROs): “Red flag” laws allow temporary firearm removal from individuals deemed dangerous based on concerns from law enforcement or family members.
• Voluntary Do Not Sell Firearms List: Individuals can voluntarily restrict their access to guns by placing themselves on this list.
• While Possessing Drugs: It is illegal to possess a gun while using or possessing controlled substances, with violations leading to felony charges.

Understanding whether you’re legally allowed to possess a gun can be challenging. To ensure you’re not breaking the law, a lawyer can assess your situation and determine if you fall under any restrictions. Additionally, they can clarify legal options, such as restoring gun rights after a felony conviction.

Prohibited Places For Firearms Possession

Virginia law also outlines specific locations where carrying a gun is prohibited, regardless of an individual’s eligibility. These areas are designated to maintain public safety and prevent potential conflicts.

• Schools: Firearms are prohibited on school grounds and at school-sponsored events to ensure student and staff safety.
• Places of Religious Worship: Guns cannot be carried into places of worship during services unless authorized explicitly for security purposes.
• Courthouses: Firearms are strictly prohibited in courthouses across Virginia to maintain the security of legal proceedings.
• Capitol Square and the Surrounding Area: Due to the high security around government buildings, firearms are banned in Capitol Square and buildings owned by the Commonwealth.
• Airports: Carrying guns in secure areas of airports is illegal under both federal and state law, with violations leading to severe consequences.

While the Second Amendment gives an individual the right to bear arms, this is not without limitations. Understanding and adhering to these restrictions can be vital for any responsible gun owner in Virginia. By staying informed, you can safeguard your right to possess a firearm and avoid severe consequences.

Consequences Of Illegal Firearms Possession Convictions

Virginia imposes strict penalties for unlawful firearms possession, which vary depending on the intent to harm or the defendant’s criminal history. Felony convictions, such as for possessing a gun in an airport, carry mandatory minimum sentences. Even a first-time offense of carrying a concealed weapon without a permit can result in jail time.

One of the most significant impacts of a conviction is the loss of Second Amendment rights. In Virginia, specific individuals may face a lifetime ban on owning or carrying guns. Even minor violations can permanently lose these rights, severely limiting self-defense options.

Beyond the immediate legal penalties, a criminal record can have long-term effects on your life. It can hinder job prospects, complicate housing, and damage personal relationships, leaving a lasting mark on your future. Therefore, it’s vital to understand your options to protect yourself from committing or incriminating yourself of illegal firearm possession.

Proactive Steps To Protect Your Rights

Staying informed about Virginia’s laws is an effective way to prevent legal issues. Knowing where and how firearms can be carried and understanding the required permits helps avoid situations that could result in unlawful possession charges. Prevention is often a good defense, but knowing the steps can help when unexpected legal challenges arise.

To avoid unintentionally breaking laws in Virginia, take the time to review the specific regulations. For example, always double-check whether you are in a restricted area before openly carrying a weapon. This can ensure that you don’t accidentally break a law you were unaware of.

Additionally, staying calm, cooperating with law enforcement, and understanding your rights is essential. However, never admit guilt or make statements without speaking with your legal counsel. Contacting a criminal defense attorney is wise to protect yourself from further legal action.

If you’re arrested for illegal gun possession, time is of the essence. A free consultation with a criminal attorney who is well-versed in Virginia gun laws can help you understand your options. Building a solid defense starts early, and prompt legal action can influence the outcome of your case.

A Criminal Defense Lawyer Protects You In Court

When facing firearms charges, defending your rights is paramount. Each case is different, but protecting constitutional rights remains the central focus, and the proper defense can turn the tide in your favor. A criminal attorney explores several strategies to safeguard you from severe penalities. Here are a few common examples.

Unlawful Search & Seizure

A common defense involves the Fourth Amendment, which protects you from unreasonable searches and seizures. If law enforcement conducts an illegal search, any evidence found may be inadmissible in court. This could lead to dismissal of charges if the search violated your constitutional rights.

The Firearm Was Legal

Not all firearms are illegal, and in some cases, the charge might arise from confusion over the specifics of the gun. A defense lawyer might focus on proving that it is legal. This could involve demonstrating that the weapon meets all legal requirements under Virginia law, such as proper registration. They can also show that it doesn’t fall under the category of contraband like assault weapons or machine guns.

Lack Of Possession

A lack of possession defense argues that the defendant did not have control over the firearm. This may apply if the weapon was in a shared space, such as a vehicle or home, where multiple people had access. Proving it belonged to someone else or wasn’t in the defendant’s possession can seriously weaken the prosecution’s case.

Challenging these charges means addressing every detail, from the search to the intent behind the possession. Each strategy is built on these nuances, creating a shield against convictions. Choosing an attorney who understands these intricacies can be the key to turning the tide in the courtroom.

The Irving Law Firm Defends Against Criminal Charges

At The Irving Law Firm, we understand that facing illegal firearms charges can be stressful. Your Second Amendment rights matter, and we’re here to help protect them. We’ll work closely with you to develop a strategy that fits your situation and aims for a favorable outcome.

We believe in providing robust and dedicated representation to safeguard your rights. Our team is dedicated to challenging evidence and working to reduce or dismiss charges throughout the legal process.

If you’re worried about your future or right to bear arms and wondering, “Is there a criminal lawyer near me?” We’re here to address your concerns, offer guidance, and stand by your side throughout the legal process. You don’t have to face this alone—we’re here to help you defend your rights.

Summary

Illegal firearms possession charges in Virginia come with severe penalties, including fines, imprisonment, and the potential loss of the right to own a gun. Convictions can also lead to long-term consequences like difficulty finding employment and permanent restrictions on gun ownership.

With the help of a local criminal defense attorney, you can explore defenses like unlawful search and seizure, lack of possession, or mistake of fact. The Irving Law Firm can provide solid legal strategies and personalized representation to protect your rights and secure favorable outcomes.