Virginia Criminal Defense Attorney
Gun ownership is a long-standing tradition protected by the Second Amendment that many Americans hold dear. When guns are potentially involved in criminal matters, the situation could become more serious and the government may punish any suspected act more severely.
Mere possession of a gun may constitute a crime in some cases while having a gun during the commission of an accused act could lead to increased punishment.
It may be advisable not to face an accusation alone. If the police have accused you or a loved one of an illegal act involving a firearm, you may wish to seek out the services of a Fredericksburg gun lawyer who understands the local criminal procedure and might explain the law to you.
Your representative may be able to work with you to figure out the best strategy and what defenses may be applicable in your unique circumstance. A well-practiced attorney may be a valuable asset when faced with criminal charges.
Two big areas of gun laws involve carrying concealed weapons and firearm possession or use during the commission of a crime. Since there tends to be a negative public viewpoint on guns, the public may overemphasize firearm possession. The government could also punish mere reckless handling of a firearm. A gun lawyer in Fredericksburg could explain how firearm laws affect a defendant’s case.
The government could punish someone for carrying any kind of concealed weapon, including guns and other firearms. A first offense is a Class 1 misdemeanor. A second offense is a Class 6 felony and any subsequent offenses are Class 5 felonies. If the government attempts to convict someone of carrying a concealed weapon, that person and their attorney could use their valid concealed handgun permit as an affirmative defense. This law may not apply to guns in the following circumstances:
If a person has a concealed handgun permit, the permit-holder must carry that permit whenever they carry the firearm or the government may punish the person for failing to carry the permit on their person (COV Section 18.2-308.01). A Fredericksburg gun lawyer could help a person build a defense for any gun crime allegations they are facing.
If an actor uses or exhibits a gun during the commission of a felony, it is typically considered a separate criminal act. The government may punish the actor for a mandatory minimum of three years in jail for a first offense and could punish any subsequent offense with five years in jail (COV Section 18.2-53.1).
If an actor shoots a firearm during the commission of a felony or attempted felony, the government classifies that act as a Class 6 felony (COV Section 18.2-53).
Gun possession is a civil right, but the government may place limits on individuals’ abilities to exercise those rights. If the police have accused you or a loved one of some criminal act involving a firearm, consider reaching out to an attorney.
A Fredericksburg representative may be able to explain the law to you and help you figure out the best way to move forward which may reduce or even avoid certain penalties. Consider calling a Fredericksburg gun lawyer today.