Unlawful Firearm Possession in Virginia Beach

The process to legally possess a firearm is not challenging in Virginia Beach. If the buyer has not been convicted of a felony or they have never been institutionalized, they can own a gun. An individual will have to go down to a store. They must observe the waiting period. Then, they must pass a background check and fill out all the paperwork.

A person who committed, either voluntary or involuntarily, into a mental health hospital, the person is ineligible to own a firearm. A person must go in front of a General District Court judge to have their rights restored. To learn more about the unlawful possession of a firearm, contact a professional gun lawyer today.

Penalties for Unlawful Possession of Firearm

Unlawful possession of a firearm can be a felony punishable by up to 10 years in prison. Depending on why the person is ineligible, there could be a mandatory minimum of jail time. For example, if the person was convicted of a felony of a robbery two years prior, then that person possessed a firearm and there will be a mandatory minimum of jail time, which is three years of prison. If the person has a felony with a non-violent crime and it was more than 10 years ago, it would not necessarily trigger any mandatory time. Penalties for the unlawful possession of a firearm in Virginia are harsh.

Possession vs. Distribution

Virginia Beach gun laws are more focused on possession than distribution. In Virginia, guns are fairly permissive. There are illegal gun sales and if the police find out about it they will crack down on it. It is not that hard to legally purchase a gun, so they focus more on people owning guns who should not own guns.

Background Checks

Before the person even goes to the firearm source, they should get a background check to make sure no felonies or protective orders show up. Occasionally, mistakes happen with background checks and something gets on the person’s record that should not have.

The person should think about whether or not they need a firearm. Then, they should think about what kind of firearm they need. Also, once the person gets a firearm, they should look into getting a concealed permit. If, for whatever reason, a person is pulled over and that person has their gun with them, they cannot charge the person with another crime. These gun law considerations in Virginia Beach are vital in the decision-making process before a person owns a gun.

Gun-Free Zones

Gun-free zones include areas, like schools, hospitals, and government buildings like courthouses and city halls. These are places where a person, if they are not law enforcement or have been told they can bring a gun, cannot possess a firearm in Virginia Beach.

Depending on where the gun was brought, penalties for bringing a gun to a gun-free zone can be anywhere from a class one misdemeanor to a class six felony. Class one misdemeanors are up to 12 months in prison. Class six felonies are up to five years in prison.


Virginia Beach and Gun Laws

Virginia Beach gun laws are fairly relaxed in terms of allowing people to possess guns. While it is a gun-friendly state, if an individual is using the gun in an illegal manner, then the courts will prosecute them vigorously. In Virginia, an individual does not need a permit to buy a gun. They just need to be eligible. They do not need any sort of special documentation. If an individual wants to have a concealed carry permit, then they must fill out the required paperwork. If an individual is legally entitled to possess a gun, they can carry a gun with them in Virginia, provided they are not in a government building or near a school.


Documentation of Possession

If an individual carries a gun while it is visible, they technically do not need to carry any documentation because Virginia allows it. There is no sort of required registration in Virginia. If an individual carries it in a holster underneath, somewhere not visible, they will need a concealed carry permit. If not, that individual can be charged with a crime and must appear in court to have the judge dismiss the charges once proven.

Consulting with an Attorney

If the person is eligible to possess a firearm and tries to purchase a firearm, the person could be charged with felony for attempted possession of firearm by a convicted felon or by an eligible person in Virginia Beach. Depending on what that underlying felony was and how long ago it was, there could be mandatory jail time that results from it. The unlawful possession of a firearm in Virginia Beach is a difficult charge that only a qualified attorney knows how to challenge. Do not compromise your freedoms. Contact a skilled Virginia Beach gun attorney today who can work with you, figure out the facts, and try to obtain the best outcome for you.