Despite Virginia having less stringent gun laws than some neighboring jurisdictions such Maryland and Washington, DC, those found to be in violation of concealed carry laws are still likely to face serious penalties including fines and jail time. With this in mind, the following is what you should know regarding concealed weapons laws and what steps you need to take to ensure that you are legal. To learn more call and schedule a consultation with a Virginia gun lawyer today.
In Virginia you can always open carry a firearm legally provided that you are legally allowed to possess that firearm. There are specific guidelines you need to be aware of when deciding to open carry. I would advise that you refer to the Virginia State Police guidelines for further assistance on open carry. The relevant statutes regulating open carry are found at Virginia Code Sections 18.2-279 to 18.2-311.2
Virginia Code Section 18.2-308.7 governs the purchase of firearms by underage persons. Typically, the legal age for purchase of a shotgun or rifle in Virginia is 18 years of age. The legal age for purchase of a handgun is 21 years of age.
To apply for a concealed-carry permit or a concealed handgun permit you go to the Circuit Court Clerk’s Office of the jurisdiction in which you reside. The Circuit Court Clerk’s Office in the Civil Division handles concealed-carry permits. There will be questions that you will be required to answer under oath and an application fee must be paid. The Clerk’s Office will then review those answers and they will determine whether or not you are eligible for a concealed-carry permit.
The concealed-carry permit may be issued without a hearing, but at times the Clerk’s Office may ask additional questions which you must answer. The Court may also deny the initial request or request what is called an ore tenus hearing, at which additional evidence may be presented to clear up some issues with the application.
If you do not have a concealed-carry permit then you will be charged with possession of a concealed weapon, which is a Class 1 misdemeanor under some circumstances and may be more serious under other circumstances.
If you do not have a concealed-carry permit and you are caught with a concealed weapon, you may be charged with the crime of illegal possession of a concealed weapon. This is a serious offense and could result in jail time or incarceration.
If you are carrying weapons in a place where that is not permitted, then your concealed-carry permit will not be considered valid and you will be in violation of the concealed weapon law under Virginia Code Section 18.2 – 308 et al.
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