Virginia Criminal Defense Attorney
While owning a gun is a constitutional right, there are still guidelines to transporting firearms in Fairfax. A person may be transporting firearms in Fairfax to go hunting, to protecting their home, or because they are moving to a new home. An individual might be traveling somewhere and want to carry it with them. There are many situations where an individual might want to move their firearms.
When it comes to policies regarding transporting firearms in Fairfax County, the counsel of an experienced attorney can prove to be indispensable in protecting your rights.
The first and most important step that someone needs to take to legally and safely transport a firearm in Fairfax is to keep it secured. There is no permit necessary, to transport a gun which can be problematic but, even though no permit is necessary, the firearm still must be transported. Transporting the firearm does not mean having it within arm’s reach, or concealing it. If an individual is transporting their firearm from one place to another, it has to be secured. Certain individuals, like felons, are not allowed to transport firearms no matter the circumstances.
If an individual is in a vehicle that has no trunk, glove compartment box, or anywhere that has a separate compartment, they need to have a container or compartment to secure it. An individual can do that even if they do not have a compartment built into the vehicle.
Transporting firearms in Fairfax is going to be unlawful if the individual is carrying it in a public vehicle or public transportation. It is going to be unlawful if the individual is carrying it when it is not secured or if they have something that is concealed within arms’ reach and does not have a concealed carry permit. If the individual has hunting firearms, has it loaded, is not authorized to hunt but they are carrying it around, it is unlawful.
There are things that can make transporting a firearm illegal. If a person does not have their firearm properly secured while transporting it, that would be illegal. Carrying their firearm on public transportation also constitutes a legal offense. In this context, public transportation refers specifically to any mode of transport that is not a personal, private motor vehicle or vessel. Lastly, if someone who is prohibited from carrying a gun is caught transporting a firearm, that would be illegal as well.
Examples of individuals who cannot transport firearms in Fairfax County include felons, people who are involuntarily committed, individuals who are ineligible for firearm ownership like those convicted of certain offenses that are not felonies, and individuals considered dangers to themselves or others, so not involuntarily committed but perhaps on their way there.
The penalties for unlawful transportation of a firearm are going to range, depending on the type of offense and the person. An individual could have a problem with a concealed carry if they do not secure it the right way in their vehicle or if they do not have the concealed carry permit. That would be a Class 1 misdemeanor.
Somebody previously convicted of a violent felony and transporting a firearm is going to have a mandatory minimum of five years in prison as another felony offense. Somebody with some type of hidden stunt weapon or explosive material that is hidden from the public eye is going to be charged with a felony offense. It depends on the specific aspects of the individual’s case.
As an American, your right to bear arms is legally protected by the constitution. It follows that if you are allowed to own a gun, you should be allowed to transport that gun without incurring the risk of a misdemeanor or felony charge. If you face charges related to transporting firearms in Fairfax, getting in touch with a local attorney can help you protect yourself and your rights.