Norfolk Attorney’s Advice: With New Gun Law In Sight, Arm Yourself With Proof-of-purchase
NORFOLK, Va. (WAVY) – A local criminal defense attorney is advising gun owners and anyone thinking about buying one to make sure they keep their paperwork. The new gun law that restricts so-called assault weapons and high-capacity magazines takes effect July 1.
Attorney Calum Welch says people also need to know that although a violation will be a misdemeanor, it’s a misdemeanor loaded with other penalties.
“You are prohibited for three years following one of those convictions from any firearms,” Welch said outside the Federal Courthouse, meaning a violator can’t buy, possess, or transport even legal firearms for three years.
“If you don’t plan ahead, if you’re not making a very specific list of here’s what I acquired, here’s when I acquired it, you’re looking at some serious penalties without really even knowing, if you’re uninformed,” Welch said.
Many of the assault firearms and magazines prohibited under the bill are in common use. And although you won’t be able to buy them legally in less than five weeks, you can give them to a family member. But your idea of “family” and Richmond’s idea are all relative.
“You can gift them to very immediate family members, but we’re talking spouse, children,” Welch said. “An aunt, a cousin, those are actually not one of the specific exemptions in the bill. That could be very problematic.”
“If you aren’t exactly sure of what’s allowed, what’s not allowed, and you don’t have the evidence to back it up, it means you’re going to be in the hot seat if you’re under any investigation,” he added.
Welch says if you store a gun prohibited under the new law out of state, and you want to bring it home to Virginia, you’ll need to document that it was purchased before July 1.
Written By L. Calum Welch
Attorney L. Calum Welch is one of the founders of Welch & Wright, PLLC. Calum Welch focuses primarily on criminal defense cases, including legal cases involving accusations of driving under the influence (DUI), drug possession and distribution, larceny, financial crimes, and firearm/expungement petitions. Calum Welch received his law degree from William & Mary Marshall-Wythe School of Law. Calum Welch is affiliated with the Virginia Association of Criminal Defense Lawyers (VACDL) and the Virginia Trial Lawyers Association (VTLA), among other associations.
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