Virginia Guns & Weapons Attorney

Facing a gun charge in Virginia is not something to take lightly. A conviction can carry severe penalties, including jail time, mandatory minimum sentences, and the loss of firearm rights. When firearm allegations are combined with other charges, such as drug offenses, the consequences may become even more serious.

You do not have to navigate this process on your own. At Welch & Wright, PLLC, we understand the weight of these charges and the impact they can have on your future. Our law firm provides dedicated criminal defense representation tailored to protecting your rights and guiding you through every stage of your case.

How a Gun Crime Lawyer Can Help With Firearm Charges in Virginia

A gun crime lawyer plays an important role in building a defense and protecting your rights. Legal counsel can review the charges, evaluate police conduct, provide legal advice, and explain your obligations under Virginia law. Common areas of support include:

• Reviewing the circumstances of your arrest and charges.
• Challenging unlawful searches or seizures and seeking return of your property under Virginia Code § 19.2-60.
• Representing you during hearings, trials, and negotiations with the Commonwealth.
• Advising on penalties for charges such as brandishing (Virginia Code § 18.2-282), which becomes a felony near schools, or reckless handling (Virginia Code § 18.2-56.1), which may be a felony if serious injury occurs.
• Explaining the long-term impact of a felony conviction, including the loss of firearm rights.

Finding the Right Gun Crime Lawyer in Virginia

Choosing the right representation is a critical step in any gun case. When evaluating a Virginia criminal defense attorney, consider the following:

• Familiarity with weapons charges and knowledge of Virginia firearm statutes.
• Approach to developing a defense strategy in cases involving concealed weapons or firearms in public places.
• Client feedback and testimonials for insight into communication and support.
• Transparency about fees and the scope of legal services during an initial consultation.

At Welch & Wright, PLLC, we provide clear guidance, straightforward communication, and a defense tailored to the circumstances of each case. Our team understands how Virginia prosecutors pursue gun charges and works to protect your rights at every stage of the process.

When to Hire a Lawyer for a Gun Charge in Virginia

While a routine interaction with police may not always require counsel, formal gun charges or police questioning should never be faced alone. You should contact a defense lawyer immediately if you are:

• Arrested or questioned in connection with a firearm.
• Charged with a Class 5 or Class 6 felony involving weapons.
• Facing a Class 1 misdemeanor for carrying a concealed weapon without a permit.
• Accused of using a firearm in the commission of a felony under Virginia Code § 18.2-53.1, which carries a mandatory minimum sentence of 3 years for a first offense and 5 years for a second, served consecutively.

Prompt legal guidance can help protect your rights and set the groundwork for a defense strategy from the start.

Why Choose Welch & Wright, PLLC

At Welch & Wright, PLLC, we represent individuals across Virginia who are facing firearm and weapons charges. As part of the Hampton Roads community, our firm handles cases in both state and federal courts, including General District and Circuit Courts.

Our team has a thorough understanding of Virginia gun laws, applicable federal firearm statutes, and the strategies used by prosecutors in these cases. We focus on protecting constitutional rights, developing defense strategies that fit the facts of each case, and guiding clients through every stage of the legal process with clear communication.

Testimonials

“Did a great job handling my case. Responded in a timely manner and answered all of my questions with great detail. If I do get in any future legal issues I will be definitely coming back to Mr. Welch!” — Larry L.

“Nick is not only incredible, he is phenomenal! I am very pleased with his work and the way he handled my case with ease and confidence. I would definitely recommend him to anyone who is looking for a lawyer. Look no further Nick is your man. Thank you Nick. All the best.” — Eduardo O.

“Nick Wright provided excellence legal counsel for our case. He explained everything in advance with patience and respect and provided details in a way that was very easy to understand. Highly Recommend!!” — Stacey S.

Understanding Gun Laws in Virginia

Virginia law sets out specific rules for firearm ownership, possession, and carrying. Key statutes include:

• Virginia Code § 18.2-308: Prohibits carrying a concealed weapon without a permit.
• Virginia Code § 18.2-282: Defines brandishing a firearm in a threatening manner.
• Virginia Code § 18.2-53.1: Prohibits using a firearm during a felony, carrying a mandatory minimum sentence.
• Virginia Code § 18.2-56.1: Prohibits reckless handling of firearms in a public place.

How Do Federal Gun Laws Affect Virginia Gun Cases?

In addition to Virginia statutes, federal firearm laws also apply in certain cases. For example, under 18 U.S.C. § 922, individuals convicted of a felony are prohibited from possessing a firearm, with mandatory minimums of up to 5 years depending on the offense. Restoration typically requires a governor’s pardon or restoration of civil rights, followed by a petition in circuit court. Even convictions for some misdemeanor crimes, such as assault and battery of a family member under Virginia Code § 18.2-57.2, or simply being subject to a protective order without being convicted of a crime, can result in someone becoming a “prohibited person” under federal and Virginia law.

Because of these overlapping state and federal laws, having a strong defense and an experienced lawyer who understands both systems can make a meaningful difference in how charges are handled and how penalties are addressed.

Do I Have to Register My Firearm in Virginia?

Virginia does not require firearm registration. However, purchases from licensed dealers are subject to background checks under Virginia Code § 18.2-308.2:2.

If you are facing firearm charges, questions about background checks or possession rules often come up in court. A defense lawyer can explain how these laws may apply to your case and help address potential challenges early on.

Gun Ownership Laws for Convicted Felons in Virginia

Under Virginia Code § 18.2-308.2, individuals convicted of a felony are prohibited from possessing a firearm. Limited exceptions exist only through a formal restoration process, which typically requires a governor’s pardon or restoration of civil rights, followed by a petition in circuit court.

This restriction applies even after the completion of a sentence and after someone is released from probation, which makes pursuing restoration the only path to legally regain firearm rights in Virginia.

Open Carry Laws in Virginia

The Commonwealth of Virginia generally allows open carry of firearms without a permit. However, there are important restrictions:

• Firearms are prohibited in certain areas, including schools, courthouses, and government buildings.
• Some localities, including Fairfax and Richmond, restrict firearms in certain public spaces under local ordinances allowed by Virginia Code § 15.2-915(E), such as government buildings, permitted events, or public parks.

Because the rules differ by location, even lawful gun owners may face charges if they unknowingly carry in a prohibited area. A Virginia gun lawyer can help explain these restrictions and defend against allegations of unlawful possession.

Common Firearm and Weapons Charges in Virginia

Virginia prosecutors frequently pursue firearm and weapons charges under Virginia law. These cases often involve:

• Allegations of displaying or pointing a firearm in a threatening way (brandishing).
• Carrying a handgun or other weapon without the proper permit.
• Charges involving other prohibited items, such as metal knuckles, ballistic knives, or collapsible batons.

Each of these offenses carries different penalties and may be charged as either a misdemeanor or a felony depending on the circumstances. A defense lawyer can help explain the severity of the charge and identify possible defenses.

Misdemeanor vs. Felony Gun Charges in Virginia

Gun charges in Virginia may be classified as misdemeanors or felonies, depending on the facts of the case and the applicable statute.

• Misdemeanor charges often involve carrying a concealed handgun without a valid permit. This offense is typically a Class 1 misdemeanor, punishable by fines and up to 12 months in jail.
• Felony charges include more serious offenses, such as possession of a firearm by a convicted felon or using a firearm while committing another felony. These crimes can carry multi-year prison sentences, significant fines, and the permanent loss of firearm rights.

Understanding the difference between a misdemeanor and a felony charge is critical because it shapes both the potential penalties and the available defense strategies.

How to Restore Gun Rights in Virginia

Restoring gun rights in Virginia is a detailed process that typically involves multiple steps.

After the conviction of a felony, there are three main steps:

• First, a person must secure a governor’s pardon or have their civil rights restored.
• Second, they must file a petition in circuit court requesting the restoration of their firearm rights.
• Third, the court will consider the petition and often will hold a hearing, where the person must demonstrate “good cause” and the judge must agree to grant the petition and order the person’s gun rights to be restored.

For someone who was previously found incompetent to stand trial or ordered into a psychiatric facility, there are three different, but similar steps:

• First, a person must be released from the facility.
• Second, they must file a petition in general district court requesting the restoration of their firearm rights.
• Third, the court will consider the petition, often at a hearing, where they must demonstrate that they do not pose a danger to public safety and the judge must agree to grant the petition and order the person’s gun rights to be restored.

Because the process is complex and requires careful preparation, many people find it difficult to complete successfully on their own. At Welch & Wright, PLLC, we guide clients through each stage, from reviewing eligibility to filing petitions in court, with the goal of protecting their future and their rights under Virginia law.

Penalties for Firearm Possession While Intoxicated in Virginia

Carrying a concealed handgun in a public place while under the influence of drugs or alcohol is prohibited under Virginia Code § 18.2-308.012. Violations can lead to criminal charges and suspension of concealed carry rights. Even convictions such as driving while intoxicated or simply being drunk in public, even without being convicted of possessing a firearm while under the influence, can still result in your concealed carry permit being revoked.

Allegations involving intoxication and firearms are taken seriously by prosecutors and judges. At Welch & Wright, PLLC, we understand how quickly these cases escalate and work to protect your rights, challenge the evidence, and pursue the best possible outcome under the law.

Steps to Take After an Arrest for a Gun or Weapons Charge in Virginia

If you are arrested for a gun or weapons charge in Virginia, the steps you take immediately can affect your entire case. Recommended actions include:

• Remain calm and respectful when interacting with law enforcement.
• Do not answer questions until you have spoken with a criminal defense lawyer.
• Decline consent to searches unless presented with a valid warrant.
• Contact a defense attorney as soon as possible to begin building a strategy.

Acting quickly helps protect your rights and preserves important defenses. At Welch & Wright, PLLC, we provide immediate guidance and representation for clients facing firearm and weapons charges in Virginia.

Penalties for Firearm and Weapons Convictions in Virginia

Convictions for firearm and weapons charges in Virginia carry serious consequences that vary by statute:

• Brandishing a firearm: Punishable by up to 12 months in jail and a fine of up to $2,500.
• Unlawfully carrying a concealed weapon: May result in penalties ranging from up to 12 months in jail for a first-offense class 1 misdemeanor, or up to to 1–10 years in prison for a second (class 6 felony) or third (class 5 felony) offense, along with fines of up to $2,500.

These penalties demonstrate how even a single charge can significantly affect your future. A defense gun attorney can evaluate the facts of your case, explain the possible sentencing ranges, and work to reduce or dismiss the charges.

How Welch & Wright, PLLC, Builds a Defense Against Weapons Charges

Every weapons case is different, and the right defense depends on the specific facts, charges, and evidence involved. Possible strategies may include challenging the circumstances of the arrest, disputing the way evidence was obtained, or raising issues of self-defense.

At Welch & Wright, PLLC, we carefully review police reports, witness statements, and the prosecution’s evidence to identify weaknesses in the case. From unlawful searches to questions of intent, we work to build a defense that protects your rights and places you in the strongest possible position under Virginia law.

Self-Defense and “Stand Your Ground” in Virginia Gun Cases

Virginia law permits the use of force when someone reasonably believes they face imminent death or serious bodily harm. In certain firearm cases, this can form the basis of a self-defense argument.

At Welch & Wright, PLLC, we evaluate whether self-defense or “stand your ground” principles apply to your case. If evidence supports that your actions were intended for protection, we can present that defense in court and challenge the prosecution’s narrative.

Plea Bargains in Virginia Gun and Weapons Cases

In some cases, a plea bargain may resolve firearm- or weapons-related criminal charges without the need for a trial. These agreements can involve reduced charges or penalties but also carry risks, including a permanent criminal record and limited rights to appeal.

At Welch & Wright, PLLC, we help clients evaluate whether a plea agreement serves their best interests. Our attorneys review the strength of the prosecution’s case, explain the potential consequences, and negotiate directly with prosecutors when it may benefit the client.

Charged With a Gun Offense in Virginia? Schedule a Free Consultation With Welch & Wright, PLLC.

Weapons charges in Virginia carry serious consequences, from mandatory minimum sentences to the loss of firearm rights. The steps you take now can make a difference in how your case is resolved.

At Welch & Wright, PLLC, we provide focused criminal defense for individuals facing gun and weapons charges in Virginia. Our experienced firearm attorneys explain your options clearly, guide you through the process, and build a defense tailored to your circumstances.

Call 757-707-8803 or use our contact form to schedule a free consultation and discuss your case with our team.