Virginia Criminal Defense Attorney
The illegal distribution of firearms is a serious offense. The illegal distribution of firearms to a minor in Virginia is even more serious. In doing so, an individual opens themselves up to more charges and harsher penalties. The right to bear arms is one that does not extend to those under 18, which is why the consequences for selling guns to minors can be punitive. If you have distributed firearms to minors and now face gun charges, reach out to a skilled gun lawyer who can advocate for you, and make sure your rights are being protected.
If someone is distributing firearms but is not a firearms dealer, and has not gone through a background check, they would be liable for troubles if they were found guilty of distributing firearms to minors in Virginia. To give, or let somebody borrow or give, sell, or trade a firearm to somebody, a person has to have written consent on a specific form. The individual must have the person buying the firearms fill out a background check form. Then the individual must provide the Virginia state police with specific information.
There are very specific kinds of forms that they have to use that requires the person to list their name, social security number, citizenship, birth date, and the identification of the firearm. On every gun, there is a gun identification number. That has to be provided to the police as well, so the police can keep track of the sale or the transfer of guns. Criminal history information needs to be checked as well.
Fairfax is very specific in its gun legislation. For example, if an individual gives a gun to somebody and that person uses the gun, they can be liable for what that person did with that gun if they did not do it the right way. If the person committed a felony with it, they could potentially be liable for the felony that they committed. The person giving the gun to someone could be charged with contributing to the delinquency of a minor.
For instance, a person can have a rifle at any age. There is no law that tells an individual they cannot have a rifle in Virginia if they are under a certain age. A person cannot have a handgun, an assault firearm, or a specific type of shotgun until the person is 18, but they can have a rifle. It depends on the gun and it depends on the relationship. If a person is at home and under 18, but a family member gives the person their gun, then that is fine. If a person is bringing their kid to a lawful shooting range, then that is legal. If a person takes their underage child hunting, that would be fine.
There is no reasonable person standard. There is a Virginia statute that says if a person is under 18, they cannot have a handgun, an assault weapon, or a specific type of rifle. There is a general statute. For example, in Virginia when it is handgun-related, an individual could get charged easily.
There is no specific regulation that says individuals will face legal consequences if they give the minor a gun. Generally, if it is a type of gun that a minor is not supposed to have, the person is probably going to get contributing to the delinquency of a minor.
If an individual is under the age of 18, they are prohibited from possessing a handgun, an assault weapon, or a rifle if the rifle is a very specific type of rifle with a certain amount of rounds. However, a minor is exempt from this general rule if they shoot on their property or if the minor is on another person’s property and that person gives written permission, and their legal guardian grants permission. The minor is also exempt if they are with an adult and they go to a shooting range, or if the person is hunting in an area as long as the person does not have their weapons while transporting them.
A person should always call an attorney if they are facing charges for distributing firearms to minors in Fairfax because of the specific language surrounding gun laws. Work with an adept lawyer who can navigate the complexities of Virginia gun laws and can use their knowledge to craft a solid defense for you.