Virginia Criminal Defense Attorney
The right to own and carry firearms is a constitutionally protected right. While firearms are useful for protecting yourself and others, weapons are still dangerous. As a result, certain limitations and protections are in place in order to make sure that people are responsible with their firearms.
If someone is in possession of prohibited dangerous weapons, it is expected that they are following local gun laws. If you have violated local gun laws and find yourself facing Virginia gun charges, seek the counsel of a capable gun lawyer who can provide you with a solid defense.
There are terms like deadly weapon and dangerous weapon used in many of the Fairfax statutes to refer to things that are completely legal but are still dangerous. For example, a gun is considered a deadly weapon in Virginia, and enough to be an aggravating factor in most crimes, but an individual can legally possess a gun if it is a specific kind of gun, if they have a background where possession of that weapon is authorized, and if they acquired it legally, as long as they are observing Virginia gun carrying laws.
Dangerous weapons are not a thing in the State of Virginia. There are firearms that could be used as dangerous weapons but there are no specifically designated dangerous weapons. As such, possession of prohibited dangerous weapons in Fairfax County only really occurs when individuals who are not allowed to own weapons do so or if people brandish weapons in places where they are not allowed to do so.
In the State of Virginia, people are commonly charged with weapons charges, which includes things like gun charges and gun laws. The baseline standard is that there is no firearm registration. There is no necessary permit to carry or transport a firearm or possess a firearm except where statutes apply. Existing statutes prohibit an individual from taking firearms to places like courthouses or schools. An individual cannot shoot from a vehicle. An individual cannot carry loaded firearms in certain places.
As far as possession of prohibited dangerous weapons in Virginia goes, there is a separate statute on sawed-off shotguns, for example. A sawed-off shotgun or a sawed-off rifle is typically a weapon associated with committing violent crimes, which is going to be a more serious felony than if the person had one for any other purpose. The only exception would be for individuals who are allowed to own sawed-off shotguns like government or military employees.
People are charged with other offenses very often. Usually, the individual is doing something like brandishing it, which is a separate charge, or is committing a crime when it is found, or the person is pulled over for a traffic offense, and an improperly secured gun is noticed. In those cases, the individual is charged with concealed carry without a permit. There are plenty of other charges that come along with this, and it is rare that an individual would just be charged with possession of a firearm or possession of ammunition without another charge accompanying it.
Conspiracy is when an individual has a plan or is planning, to commit a felony. For a weapons charge, it is going to be a felony.For an individual conspiring to commit a felony, the individual needs to have done something to act in furtherance to some kind of plan. There are various ways that they can prove that. Even if the action is not completed or the crime is not committed, as long as two or more individuals make a plan to do a crime, they are committing conspiracy.
For a weapons charge, it involves two or more individuals with a common plan to commit a crime with a gun. They agree upon some kind of action and this step is taken in furtherance of that action. In this case, the action would be an offense with a weapon.
Although the possession of prohibited dangerous weapons in Fairfax County is not illegal, it can result in a potential felony if paired with other criminal charges. An experienced gun lawyer can work to mitigate any potential penalties you may face and will be able to defend you in court. If you face gun charges in Virginia, contact a qualified gun attorney.