Transporting Firearms in Virginia Beach

Individuals who own firearms in Virginia Beach need to be aware of the various rules and regulations regarding carrying their firearms and transporting their firearms. Whether they are coming from a shooting range or coming back from hunting, or the person might own the gun and just be driving to and from and want to have that gun with them, they need to be aware of the regulations and follow them. Transporting firearms in Virginia Beach is, as it would be anywhere else, a situation of cloudy legality, that one would want an experienced Virginia Beach defense attorney on their side for.

Unlawful Transportation

Convicted felons, unless their rights have been restored, are not allowed to possess a firearm and transport a firearm. If the person has been committed to a mental hospital, the person cannot possess a firearm. If the person has been convicted of domestic violence and battery, under federal law, the person is barred from possessing a firearm and the person would not be allowed to transport a firearm either.

It falls under the same penalties as possession of a firearm. The person could, in theory, if they are a convicted felon and are possessing a firearm, be charged with another felony and depending on what the person’s felony was and how long it was, there could be active prison time that results from transporting a firearm illegally in Virginia Beach.

There is no distinction between possession and transportation.  They are handled under the same code sections. Some people are charged with transportation of a firearm, or they transport a firearm and they have been charged with possession of a firearm by a convicted felon. Generally, transportation falls into that same statute as an unlawful possession.

Public Transportation

There are a variety of different types of scenarios that offer perfectly legal reasons why a person would be carrying and transporting a gun in Virginia Beach.

Virginia is an open carry state, so a person can use public transportation to move firearms. However, the person should always be careful when carrying firearms in public because even though it is illegal if the person is using their firearm and the person is handling it in such a manner that could be considered brandishing or reckless handling – the person can get in trouble of those of both crimes.

If the person is legally licensed to carry it, the person can carry it. It is recommended that they have it unloaded if the person is on public transportation so that the person is less likely to get hassled. There are times when people carry them in stores and shops some people have the gun clearly unloaded, they will have the muzzle of the firing chamber open to show there is no ammo in it and they will have a trigger lock on it.

Potential Penalties

Under the 182-308 statute, possession by a convicted felon carries a maximum of five years in prison if the person’s conviction was for a violent felony, and it is a mandatory minimum of five years. A crime of violence is defined in the code but is typically classified as murder, robbery, rape, malicious wounding, et cetera. If it is a non-violent felony, such as a larceny or a fraud type felony and it was less than 10 years ago, it is a mandatory minimum of two years in prison. If it was more than two years ago, there is no mandatory minimum. Unlawfully transporting a firearm in Virginia Beach can come with serious penalties and consequences, and it is important to understand the necessary regulations before charges occur, and to contact an experienced gun attorney to build a defense if they do.