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Penalties for Possession or Use of Firearms Under Virginia Law

Posted on July 04, 2025 in Criminal Defense

Ashburn, VA gun crimes defense lawyer Virginia takes firearm safety seriously. The Commonwealth imposes strict penalties for illegal possession or use of guns, especially in public spaces or residential areas. If you are facing charges related to the possession, discharge, or handling of a firearm, it is critical to understand your legal options.

Weapons charges can lead to steep fines, mandatory prison time, and a permanent criminal record. If you have questions about how this might impact your future, speak with a qualified Loudoun County, VA criminal defense lawyer today.

What Are the Most Common Gun Possession Offenses in Virginia?

Virginia law outlines several specific criminal offenses related to how and where a firearm is used and who may possess them. Each of these laws is designed to protect public safety and prevent tragic accidents or intentional acts of violence.

Certain background characteristics can disqualify you from possessing a firearm, including: being a minor, having an active protective order served on you, having a history of mental health commitments, having a domestic violence conviction, or having a felony conviction. Depending on your circumstances, the punishment for possessing a gun can range from misdemeanor to a felony and can include mandatory prison time.

Additionally, even if you are lawfully able to possess a firearm, it is illegal to possess them in certain places - such as schools or airports - unless you have authority under the law. Va. Code Section 18.2-308 also criminalizes carrying a concealed weapon without a permit.

What Penalties Could You Face if Convicted of Dangerous Use of Firearms in Virginia?

Virginia law also criminalizes handling or discharging firearms in specific places and for specific purposes. Penalties depend on the specific charge, whether the act was intentional or reckless, and whether anyone was injured. Some examples include:

Shooting at a home or occupied building: Va. Code Section 18.2-279 makes it a Class 4 felony to shoot at an occupied dwelling or building, regardless of whether anyone is injured. This charge carries a potential sentence of two to 10 years and a fine up to $100,000.
Reckless discharge in public places: Va. Code Section 18.2-280 prohibits willfully discharging a firearm in or at a public place, such as a street or park. Penalties range from misdemeanor or felony, depending on the circumstances, and hefty fines and prison sentences.
Shooting from a vehicle: Va. Code Section 18.2-286.1 criminalizes shooting from a vehicle with intent to harm or cause fear. This is penalized as a Class 5 felony, which includes one to 10 years in prison and a permanent felony conviction.

It is also important to note that the government can bring other serious charges - such as malicious wounding or murder - if someone is harmed or killed as a result of any gunfire.

Convictions under any of these statutes may also result in a permanent criminal record, loss of firearm rights, and difficulties securing employment or housing.

What Defenses Can I Use in a Dangerous Firearm Use Case?

The best defense strategy depends on what actually happened in your case. Possible defenses include: claiming that you had no criminal intent, that the item used was not a legal weapon, no weapon was actually discharged, that you were acting in lawful self-defense, that you were misidentified or falsely accused, or that you were committing lawful possession with proper permits.

To be sure of the best strategy for you, you need to work with a strong, skilled attorney. Your attorney will carefully review the facts, police reports, and witness statements to build the strongest possible defense to suit your case.

Contact a Ashburn, VA Criminal Defense Lawyer

If you have been charged with the dangerous or unlawful use of a firearm under Virginia law, you need quality legal representation as soon as possible. These charges are serious and can have lasting consequences. Contact a Loudoun County, VA criminal defense lawyer at Whitlock Law today to schedule your free consultation. We will fight to protect your rights and help you understand the legal process ahead. Call 703-576-5005 to get started.

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Cases Tried In:

Free Consultations
Maryland 301-565-1655 | Virginia 703-576-5005

Penalties for Possession or Use of Firearms Under Virginia Law

What Are the Most Common Gun Possession Offenses in Virginia?

What Penalties Could You Face if Convicted of Dangerous Use of Firearms in Virginia?

What Defenses Can I Use in a Dangerous Firearm Use Case?

Contact a Ashburn, VA Criminal Defense Lawyer

Recent Blog Posts

Categories

Archive

Request a Case Evaluation

Silver Spring Office

Bowie Office

Frederick Office

Chesapeake Office

Manassas Office

Glen Allen Office

Leesburg Office

Cases Tried In:

Free Consultations Maryland 301-565-1655 | Virginia 703-576-5005

Penalties for Possession or Use of Firearms Under Virginia Law

What Are the Most Common Gun Possession Offenses in Virginia?

What Penalties Could You Face if Convicted of Dangerous Use of Firearms in Virginia?

What Defenses Can I Use in a Dangerous Firearm Use Case?

Contact a Ashburn, VA Criminal Defense Lawyer

Recent Blog Posts

Categories

Archive

Request a Case Evaluation

Silver Spring Office

Bowie Office

Frederick Office

Chesapeake Office

Manassas Office

Glen Allen Office

Leesburg Office

Free Consultations
Maryland 301-565-1655 | Virginia 703-576-5005