Virginia Concealed Weapon Charges

Virginia is a “shall-issue” state, which means a concealed weapon permit will be issued to residents and nonresidents who meet the state’s requirements. Applicants must demonstrate they are competent with a handgun by completing a hunter or firearms safety course. You can obtain an application from the sheriff’s office, local police department or any circuit court. Nonresident applicants must apply through the Virginia State Police, and permits are valid for 5 years.

Where Firearms Are Prohibited

Virginia prohibits firearms in the following areas, whether or not you have a concealed carry permit:

• Private property if the owner has posted a sign prohibiting firearms.
• Any place of religious worship unless you have “good and sufficient reason.”
• Any courthouse.
• On school property, school buses or any place where a school-sponsored activity is taking place unless the gun is unloaded and locked in the trunk. (If you have a concealed carry permit, you are allowed to have a loaded firearm as long as you stay in the vehicle.)
• All airport terminals (unless you keep the gun unloaded in a locked container and declare the gun at the check-in counter).
• Any jail or juvenile detention facility.
• The Virginia Commonwealth University.
• The Hog Island Wildlife Management Area (the portion that borders the James River north of the Surry Nuclear Power Plant) except while you are hunting with a permit.
• Buildings of George Mason University.

Firearms are also prohibited in any area under the control of the Department of Forestry that is used as a recreational area.

What Happens When You Violate the Laws

Although Virginia has some fairly liberal gun control laws, the state also has some serious penalties for weapon violations, which are listed below.

What You Can Plea in Virginia

You will usually be brought to an arraignment within 24 hours of arrest. During the first court appearance, the judge will expect you to enter one of the following pleas:

• Not Guilty—If the prosecution has enough evidence, the case will be bound over for trial and a new court date will be set.
• Guilty—You plead guilty to the original charge or to a lesser charge in a plea bargain.
• No Contest—You accept punishment for the crime without admitting guilt.

A preliminary hearing date will be scheduled for anyone who has been charged with a felony offense.

When to Consult a Criminal Defense Attorney

If you are facing charges for a serious weapon violation, contact a Virginia criminal defense lawyer for advice. A defender can examine the facts of the case to see if any of the evidence can be suppressed if there was an illegal search and seizure. Experienced attorneys can also try to work out a favorable plea arrangement on your behalf.