Virginia Gun Prosecution

Generally, guns are accepted in the state of Virginia. However, offenses involving the misuse of firearms are taken seriously by law enforcement and by prosecutors. Anytime an investigation reveals that a gun was in some way involved in any type of crime, law enforcement officers are going to look closely into that gun and try to figure out whether or not the person is somebody that should have it. They will also investigate whether or not it is a type of gun the person is legally authorized to possess, as well whether they are storing it safely, and other related matters.

If you are facing charges, contact a local gun lawyer as soon as possible, as the Virginia gun prosecution may be intent on gaining a conviction.

Typical Evidence Presented by the Prosecution

Anyone facing gun charges should know that Virginia prosecutors take this seriously. What that means is that they are certainly going to prosecute it to the fullest extent that they possibly can. When it comes to a Virginia gun prosecution, the attorney for the state can use many different types of evidence, including but not limited to:

  • Eyewitness evidence
  • Officer testimony
  • Surveillance video
  • Physical evidence, including evidence of injury

Ultimately, the type of evidence that the prosecution chooses to present in court will depend entirely on the nature and circumstances of the case. The same is true of the defense.

Relevant Courthouses

Where a Virginia gun prosecution will take place depends on the type of case that it is. If an individual is charged with a felony or if they are charged with a misdemeanor, it is going to start in general district court. The only exception is if it is a gun case that has to do with a juvenile or domestic violence case, in which case it will be in juvenile and domestic relations court.

What is Voluntary Surrender of a Firearm?

As defined by Virginia law, voluntary surrender would just be where a person gives their firearm to the police and they destroy it.

There are several reasons why someone would surrender their gun voluntarily. A person might choose to surrender their firearm in accordance with the plea agreement that they worked out with a prosecutor or, if they are convicted of certain crimes, the judge can order them to surrender it.

When someone chooses to surrender their firearms, it might help them avoid criminal charges for legally possessing a firearm. If a person is legally possessing or carrying a firearm, then their attorney can take a look at their case and work with them to provide a good defense.

A person can legally dispose of their firearm in Virginia while avoiding associated penalties if their gun is unregistered. There is no penalty if the gun is unregistered and the person voluntarily surrenders their firearm.

Steps for Surrendering a Gun

Somebody can legally dispose their firearm with the police. There should be no cost if a person decides to surrender their firearm. The police do not charge a person to dispose it legally.

If somebody is voluntarily surrendering their firearm, they do not have to give identification; they just have to turn in whatever firearm the government is asking the person to do to dispose of or to voluntarily surrender.

Sometimes, the person will have to show their ID. They will probably ask for the person’s identity so they know the right person is turning it in and they know that the person complied, but it should not be an issue.

An attorney can provide legal counsel if someone is debating surrendering their firearm in Virginia. If somebody is trying to voluntarily surrender their firearms, an attorney may be concerned that if the person is not giving it for the right reasons. A gun lawyer can assist in ensuring that the firearm is legally disposed of in Virginia.

It does not make sense for a person to just give it away to somebody who says that they are going to dispose of it. They could use it for some other reason and the person could potentially be liable. That kind of disposing of a firearm probably does not make a lot of sense. A person should just make sure they are going through the right passages.

Benefits of a Gun Attorney

If an individual is a firearm owner in Virginia, a local attorney can let the individual know if they are in compliance. They can let the individual know if there are any potential problems that they might be facing. In addition, they can let the individual know how to bring themselves into compliance.

A qualified attorney will be familiar with Virginia gun laws and can advise individuals accordingly. For example, if someone wants to modify their firearm, a lawyer can inform them of the legality and repercussions of the decision. They can help an individual get their rights back of they have had gun rights taken away from perhaps because of a felony conviction or something else. They can do many different things.

When to Seek Advice from an Attorney

If somebody is charged with any gun-related crime, it is important to have a knowledgeable Virginia defense attorney because the consequences of gun cases could be extremely severe. Therefore, they need to make sure that they have an experienced attorney to represent them because they could be facing active jail time.

It is possible and preferable seek advice from an attorney at any point in the process of gun ownership, and not only after a crime has been alleged. There is no need to wait until it is too late and charges have been filed. Rather, it is better to ask questions before any missteps have occurred, so as to avoid accidentally breaking a law and have to face the Virginia gun prosecution.

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