Firearm Theft

Theft in Virginia is charged as Larceny and can be charged as a misdemeanor or felony based on the value of the property stolen. However, firearm theft in Virginia (Va. Code §18.2-95) is always a felony, regardless of the value of the firearm.

Proof of Firearm Theft in Virginia

To convict an offender of a firearm theft charge in Virginia, the Commonwealth must prove:

• a taking
• of a firearm
• belonging to another person
• without the owner’s consent
• with the intent to permanently deprive the owner of his property.

Taking: For purposes of a Virginia firearm theft charge, the Commonwealth must prove that the offender actually took the firearm. In Virginia, a taking is accomplished when the offender exerts dominion or control over the property.

Firearm: The Commonwealth must prove that the item taken was a firearm.

Belonging to Another Person: The Commonwealth must prove that the firearm stolen belonged to someone other than the person charged.

Without the Owner’s Consent: The Commonwealth must prove that the owner did not give consent to the offender to take his or her firearm to convict on a Virginia gun theft charge.

Intent to Permanently Deprive Owner of Property: Finally, the Commonwealth must also prove that the offender intended to permanently deprive the owner of his or her property. This intent must exist at the time the offender took the firearm.

Penalty for Theft of a Firearm Charge in Virginia

Theft of a firearm in Virginia is always charged as Grand Larceny, regardless of the value of the firearm. It is punished with up to 20 years in prison, a fine up to $2,500, and potentially restitution to the victim for the value of the lost property.

For more information on Grand Larceny charges in Virginia, click here.

For information on Petty Larceny charged in Virginia, click here.

For more information on Larceny charges in Virginia, click here.

For more general information on theft charges in Virginia, click here.