Firearms

Virginia firearm charges are taken very seriously and have severe penalties. Many of these offenses can be charged in addition to the underlying crimes in which the offender was using the firearm, and the offender can be sentenced to consecutive prison time.   Most Virginia firearm charges are felonies and many have mandatory minimum penalties that run consecutively with any other charges.

What Is A Firearm?

A firearm in Virginia is an instrument which was designed, made and intended to expel a projectile by means of an explosion, even if it is inoperable.

A firearm is considered a deadly weapon in Virginia.  A deadly weapon in Virginia is an instrument likely to produce great bodily harm or death from the way it is used.  A firearm can be a deadly weapon even if it is unloaded or inoperable.  A number of crimes in Virginia have increased penalties if the offender is armed with a firearm of other deadly weapon.  For more information on crimes involving deadly weapons in Virginia, click here.

There are a number of different weapons that are considered firearms in Virginia.  There are also several statutes in Virginia that criminalize a number of acts involving these specific firearms.  These weapons are listed and defined below.  Some Virginia firearm charges define the weapon differently for purposes of that particular crime, but the general usage of these weapons is as follows:

• Assault Firearm: An assault firearm is any semi-automatic center-fire rifle or pistol which expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock (Va. Code §18.2-308.2:01)
• Handgun: A handgun is any pistol or revolver or other firearm originally designed, made and intended to fire single or multiple projectiles by means of an explosion of a combustible material from one or more barrels when held in one hand (Va. Code §18.2-307.1)
• Streetsweeper: A streetsweeper is a semi-automatic folding stock shotgun with a spring tension drum magazine capable of holding 12 shotgun shells (Va. Code §18.2-308.8)
• Sawed-Off Rifle: A sawed-off rifle is a rifle of any caliber, loaded or unloaded, which expels a projectile by action of an explosion of a combustible material and is designed as a shoulder weapon with a barrel or barrels length of less than 16 inches or which has been modified to an overall length of less than 26 inches (Va. Code §18.2-299)
• Sawed-Off Shotgun:  A sawed-off shotgun is any weapon, loaded or unloaded, originally designed as a shoulder weapon, utilizing a self-contained cartridge from which a number of ball shot pellets or projectiles may be fired simultaneously from a smooth or rifled bore by a single function of the firing device and which has a barrel length of less than 18 inches for smooth bore weapons and 16 inches for rifled weapons (Va. Code §18.2-299)
• Plastic Firearm: A plastic firearm is any firearm, including machine guns and sawed-off shotguns, containing less than 3.7 ounces of electromagnetically detectable metal in the barrel, slide, cylinder, frame or receiver of which, when subjected to inspection by X-ray machines commonly used at airports, does not generate an image that accurately depicts its shape (Va. Code §18.2-308.5)
• Machine Gun: A machine gun s a weapon that shoots or is designed to shoot more than one shot with a single function of the trigger (Va. Code §18.2-288)
• Spring Gun: A spring gun is a firearm fixed in any manner so that it may be discharged or activated by a person coming in contact with it or with any string, wire, spring or any other contrivance attached to it or designed to activate such weapon remotely (Va. Code §18.2-281)

Virginia Firearm Charges

There are a number of charges in Virginia involving firearms.  These include possession and importation offenses, theft of a firearm and receiving a stolen firearm, reckless handling of a firearm, brandishing a firearm, carrying a concealed firearm, using a firearm, shooting and discharging offenses, assault with a firearm, firearm offenses involving alcohol, firearm offenses involving minors, crimes related to buying or selling firearms or firearm registration offenses, and second and subsequent convictions for Virginia firearm charges.   These offenses are all discussed briefly below, and in more detail on other pages of this website.

Virginia Firearm Charges Involving Possession

There are a number of Virginia firearm charges involving possession or transportation of firearms to certain places, possession by people prohibited by law from possessing a firearm in Virginia, and possession of certain dangerous weapons.

• Possessing Firearms in Certain Places Prohibited
  • Carrying Firearm to Place of Worship (Va. Code §18.2-283):  It is a Class 4 misdemeanor, punished with a fine up to $250, to carry a gun or other dangerous weapon to a place of worship “while a meeting for religious purposes” is taking place.
  • Possessing or Carrying Firearm in Courthouse (Va. Code §18.2-283.1):  Possessing or carrying a firearm in a courthouse is a Class 1 misdemeanor, punished with up to 12 months in jail, a fine up to $2500, and forfeiture of the weapon.
  • Possessing Firearm in or Transporting Firearm into Airport (Va. Code §18.2-287.01): It is also a Class 1 misdemeanor to possess or carry a dangerous weapon in an airport.  It is punished with up to 12 months in jail, a fine up to $2500, and forfeiture of the firearm.
  • Carrying Loaded Firearm in Public (Va. Code §18.2-287.4): Carrying a loaded firearm in public in certain counties and cities in Virginia is a Class 1 misdemeanor, punished by up to 12 months in jail, a fine up to $250, and forfeiture of the weapon.
  • Possessing Firearm on School Property (Va. Code §18.2-308.1): Possessing a firearm on the property of an elementary, middle, or high school or on a school bus is a Class 6 felony, punished with up to 5 years in prison and a fine up to $2500.  Possessing a firearm in an elementary, middle or high school with the intent to use the firearm, attempting to use the firearm, or displaying the firearm in a threatening way is punished with a mandatory minimum, consecutive sentence of 5 years in prison.
• Possession of Certain Firearms Prohibited
  • Possession of Machine Gun (Va. Code §18.2-290): Unlawfully possessing a machine gun for an aggressive purpose is a Class 4 felony, punished with 2-10 years in prison and a fine up to $100,000.
  • Possession of Sawed-Off Shotgun or Sawed-Off Rifle In Commission of Crime of Violence (Va. Code §18.2-300.A): It is a Class 2 felony to possess a sawed-off shotgun or sawed-off rifle in the commission or attempted commission of a crime of violence.  This offense is punished with 20 years up to life in prison and a fine up to $100,000.  
  • Possession of Sawed-Off Shotgun or Sawed-Off Rifle (Not in Commission of Crime of Violence) (Va. Code §18.2-300.B): Possession of a sawed-off shotgun or sawed-off rifle for any purpose other than in the commission of a crime of violence is a Class 4 felony.  This offense is punished with 2-10 years in prison and a fine up to $100,000.
  • Possession of Streetsweeper (Va. Code §18.2-308.8): It is a Class 6 felony, punished by up to 5 years in prison and mandatory forfeiture of the weapon, to possess a streetsweeper or any similar semi-automatic folding stock shotgun.
  • Possession of Plastic Firearms (Va. Code §18.2-308.5): It is a Class 5 felony in Virginia to possess plastic firearms.  This offense is punished with up to 10 years in prison, a fine up to $2500, and forfeiture of the weapon.
• Possession of Firearm by Prohibited Persons
  • Possession or Transportation of Firearm by Minor (Va. Code §18.2-308.7): It is a Class 1 misdemeanor for any minor to knowingly and intentionally possess or transport a handgun or assault firearm.  This offense is punished with up to 12 months in jail, a fine up to $2500, and forfeiture of the firearm.
  • Possession or Transportation of Firearm by Non-Citizen (Va. Code §18.2-308.2:01): Possession of or carrying a concealed firearm by an undocumented immigrant is a Class 6 felony.  Possession of an assault firearm or carrying a concealed assault firearm by someone who is not a citizen or a lawful permanent resident is also a Class 6 felony, punished with up to 5 years in prison, a fine up to $2500, and forfeiture of the firearm.
  • Possession, Transportation, or Purchase of Firearm by Someone Acquitted by Reason of Insanity (Va. Code §18.2-308.1:1): This offense is also a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2500.
  • Possession, Transportation or Purchase of Firearm by Person Adjudicated Incompetent or Mentally Incapacitated (Va. Code §18.2-308.1:2): This offense is also Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2500, and seizure and forfeiture of the weapon.
  • Possession, Transportation, or Purchase of Firearm by Involuntarily Committed Person (Va. Code §18.2-308.1:3): Possession or transportation of a firearm by a person involuntarily committed is a Class 1 misdemeanor, punished with a fine, jail, and forfeiture of the weapon.
  • Transportation or Purchase of Firearm by Subject of Protective Order (Va. Code §18.2-308.1:4): Anyone who is the subject of a protective order who transports a firearm has committed a Class 1 misdemeanor, punished with up to 12 months in jail, a fine up to $2500, and seizure and forfeiture of the weapon.
  • Felon in Possession of Firearm (Va. Code §18.2-308.2): Possession or transportation of a firearm, ammunition, stun weapon, explosive, or concealed weapon by a felon or person adjudicated delinquent in Virginia is a Class 6 felony.  It is punished with up to 5 years in prison, a fine up to $2500, and forfeiture of the firearm.  There is a mandatory minimum, consecutive sentence of 2 years in prison if the offender was convicted of a non-violent felony within the past 10 years.  If the offender was previously convicted of a violent felony, he will be punished with a mandatory minimum, consecutive sentence of 5 years in prison.  For more information on possession of a firearm by a felon in Virginia, click here.
• Possessing Firearm While Possessing Drugs (Va. Code §18.2-308.4): Possession of a firearm while possessing certain drugs is a Class 6 felony, punished with jail, a fine, and mandatory forfeiture of the weapon.  Possession of a firearm while unlawfully possessing a Schedule I or II controlled substance is a Class 6 felony.  Possessing a firearm on or about the person while unlawfully possessing a Schedule I or II controlled substance is punished with a mandatory minimum consecutive sentence of 2 years in prison.  Possessing, using, or attempting to use a firearm or displaying a firearm in a threatening manner while committing or attempting to commit certain drug offenses is punished with a mandatory minimum prison sentence of 5 years that is addition to any punishment received for the underlying drug crime.  For more information on possessing a firearm while possessing drugs in Virginia, click here.

Virginia Firearm Charges Involving Importation

• Importation of Streetsweeper (Va. Code §18.2-308.8): Importing a streetsweeper into Virginia is a Class 6 felony, punished with up to 5 years in prison and a fine up to $2500.
• Importation of Plastic Firearm (Va. Code § 18.2-308.5): Importation of a plastic firearm into Virginia is a Class 5 felony, punished with up to 10 years in prison and a fine up to $2500.

Virginia Firearm Charges Involving Theft of Firearms

Virginia firearm charges involving theft include larceny of a firearm, knowingly receiving a stolen firearm, and altering the serial number on a firearm.

• Larceny of Firearm (Va. Code §18.2-95(iii)): Theft of a firearm in Virginia is grand larceny and is a felony, regardless of the value of the firearm.  It is punished with up to 20 years in prison.  For more information on grand larceny in Virginia, click here.
• Receipt of Stolen Firearm (Va. Code §18.2-108.1): It is a Class 6 felony to knowingly receive or aid in concealing a stolen firearm.  It is punished by up to 5 years in prison and a fine up to $2500.  For more information on receipt of stolen firearm charges in Virginia, click here.
• Altering Firearm Serial Number (Va. Code §18.2-311.1): Intentionally altering or removing the serial number or other identification from a firearm is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2500.

Reckless Handling of Firearm

Virginia firearm charges involving the reckless handling of a firearm could be misdemeanors or felonies.

• Reckless Handling of a Firearm (Va. Code §18.2-56.1): The reckless handling of a firearm that endangers life, limb or property is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2500.  Recklessly handling a firearm in a way that shows reckless disregard for human life and causes serious bodily injury to another person that results in permanent and significant physical impairment is a Class 6 felony.
• Reckless Handling of Firearm While Hunting (Va. Code §18.2-56.1(B)): Reckless handling of a firearm while hunting is a Class 1 misdemeanor, but the offender can also be punished with the loss of his hunting license and privilege to hunt while possessing a firearm for 1-5 years in addition to jail and fines.

Brandishing a Firearm

Brandishing a firearm in Virginia (Va. Code §18.2-282) is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2500.  The offense is a Class 6 felony if the brandishing occurred on on or near school property.  For more information on brandishing a firearm in Virginia, click here.

Virginia Firearm Charges Involving Concealed Weapons

There are a number of Virginia firearm charges related to carrying concealed weapons.  It is illegal in Virginia to carry a concealed weapon or handgun without a permit.  Additionally, it is illegal to carry a concealed handgun even with a permit in certain places or while under the influence of alcohol.

• Carrying Concealed Weapon (Va. Code §18.2-308): Carrying a concealed weapon without a permit in Virginia is a crime.  A first offense is a Class 1 misdemeanor.  A second offense is a Class 6 felony, punished with up to 5 years in prison and a fine up
  to $2500.  A third offense is a Class 5 felony, punished with up to 10 years in prison and a fine up to $2500.
• Carrying Concealed Handgun While Under the Influence of Alcohol (Va. Code §18.2-308.012(A)): It is a Class 1 misdemeanor for anyone with a concealed handgun permit to carry a concealed weapon in a public place while under the influence of alcohol or drugs.  It is punished with up to 12 months in jail, a fine of up to $2500, and revocation of the offender’s concealed carry permit.  The offender will not be able to apply for a concealed handgun permit for five years.
• Carrying Concealed Handgun While Consuming Alcohol in Public (Va. Code §18.2-308.012(B)): It is a Class 2 misdemeanor for anyone with a concealed carry permit to consume any alcohol if he carries his handgun onto the premises of any restaurant or club that serves alcohol.

For more information on carrying a concealed weapon in Virginia, click here.

Virginia Firearm Charges Involving Use of A Firearm

A number of Virginia firearm charges involve the use of firearms, including use of specific firearms and use of firearms to commit a felony or crime of violence.

• Use of Machine Gun to Commit or Attempt to Commit Crime of Violence (Va. Code §18.2-289): Using a machine gun to commit or attempt to commit a crime of violence is a Class 2 felony, punished with 20 years to life in prison and a fine up to $100,000.
• Use of Machine Gun for Aggressive Purpose (Va. Code §18.2-290): Using a machine gun for an offensive or aggressive purpose is a Class 4 felony, punished with 2-10 years in prison and a fine up to $100,000.
• Use of Sawed-Off Shotgun In Commission of Crime of Violence (Va. Code §18.2-300.A): It is a Class 2 felony to use a sawed-off shotgun or sawed-off rifle in the commission or attempted commission of a crime of violence.  This offense is punished with 20 years to life in prison and a fine up to $100,000.  
• Use of Sawed-Off Shotgun (Not in Commission of Crime of Violence) (Va. Code §18.2-300.B):  Use of a sawed-off shotgun or sawed-off rifle for a purpose other than in the commission of a crime of violence is a Class 4 felony.  This offense is punished with 2-10 years in prison and a fine up to $100,000.
• Use or Attempted Use of Restricted Firearm Ammunition (Va. Code §18.2-308.3(B)): Using or attempting to use restricted firearm ammunition during the commission or attempted commission of a crime is a separate and distinct Class 5 felony, punished with up to 10 years in prison and a fine up to $2500.
• Use of Firearm In Commission of Felony (Va. Code §18.2-53.1): Using, attempting to use, or displaying a firearm in a threatening manner while committing or attempting to commit a violent felony is a separate and distinct felony from the underlying crime.  This offense is punished with a mandatory minimum, consecutive sentence of 3 years in prison.  A second or subsequent offense is punished with a mandatory minimum, consecutive sentence of 5 years in prison.  For more information on using a firearm in the commission of a felony in Virginia, click here.
• Setting Spring Gun or Other Deadly Weapon (Va. Code §18.2-281): Setting a spring gun or other deadly weapon in Virginia is a Class 6 felony, punished with up to 5 years in prison and a fine up to $2500.  If someone dies as a result, the offender can be charged with felony murder under Va. Code §18.2-33.

Virginia Firearm Charges Involving Discharging/Shooting

Virginia firearm charges involving discharging and shooting firearms can be misdemeanors or felonies.  If someone dies as a result of the discharging or shooting, the offender could be charged with manslaughter or murder.

• Shooting in/Across a Road or Street (Va. Code §18.2-286): Discharging a firearm in or across a road is a Class 4 misdemeanor, punished by a fine up to $250.
• Discharge of Firearm in Public (Va. Code §18.2-280 (A)): Discharging a firearm in a public place is a Class 1 misdemeanor.  It is punished with up to 12 months in jail and a fine up to $2500.  It a Class 6 felony if someone is injured as a result, and it is punished with up to 5 years in prison and a fine up to $2500.
• Discharge of Firearm On or Near School Grounds (Va. Code §18.2-280): Discharging a firearm on elementary, middle or high school grounds or on public property within 1,000 feet of school grounds is a Class 4 felony, punished with 2-10 years in prison and a fine up to $100,000.
• Shooting at Train or Other Motor Vehicle (Va. Code §18.2-154): It is a Class 4 felony to maliciously shoot at an occupied train or motor vehicle.  It is punished with 2-10 years in prison and a fine up to $100,000.  If anyone dies as a result of the shooting, the offender can be convicted of second or first degree murder.  Unlawfully shooting at a train or other motor vehicle is a Class 6 felony.  It is punished with up to 5 years in prison and a fine up to $2500.  If anyone dies as a result of the shooting, the offender can be convicted of involuntary manslaughter.
• Shooting at Law-Enforcement or Emergency Medical Services Vehicle (Va. Code §18.2-154): Maliciously shooting at a law-enforcement, fire, or emergency medical services vehicle is a Class 4 felony. Unlawfully shooting at one of these vehicles is a Class 6 felony.  There is a mandatory minimum, consecutive sentence of one year in prison.
• Discharging Firearm from Vehicle (Va. Code §18.2-286.1): Discharging a firearm from a vehicle so as to create the risk of injury or death of another person or causing another person to have a reasonable apprehension of injury or death by discharging a firearm from a vehicle is a Class 5 felony, punished with up to 10 years in prison and a fine up to $2500.
• Discharging Firearm at or in Building (Va. Code §18.2-279): Maliciously discharging a firearm in or at an occupied building or dwelling house in such a manner as to endanger the life of a person is a Class 4 felony.  If someone dies as a result, the offender can be convicted of murder.  Unlawfully shooting at or in a building is a Class 6 felony.   It is punished with up to 5 years in prison and a fine up to $2500.  If someone died as a result of the unlawful shooting, the offender can be convicted of involuntary manslaughter.
• Discharging Firearm at or in School (Va. Code §18.2-279): It is a Class 4 felony to willfully discharge a firearm in or shoot at any school building. This crime is punished by 2-10 years and a fine up to $100,000.

Assault with a Firearm

Assault with a firearm in Virginia (Va. Code §18.2-282) is pointing, holding or brandishing a firearm at another person or in public in a way that causes fear of bodily harm.  Assault with a firearm in Virginia is a specific form of assault.  It is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2500.  However, if the assault with a firearm occurred on or near school property, the offense is a Class 6 felony, punished with up to 5 years in prison.

For more information on assault with a firearm in Virginia, click here.  For more information on assault charges in Virginia, click here.

Virginia Firearm Charges Involving Alcohol

Virginia firearm charges involving alcohol can result in loss of concealed carry permits and hunting privileges.

• Hunting with a Firearm While Under the Influence (Va. Code §18.2-285): Hunting with a firearm while under the influence of alcohol or drugs is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2500.
• Carrying Concealed Weapon While Under the Influence of Alcohol (Va. Code §18.2-308.012(A)): It is a Class 1 misdemeanor for anyone with a concealed handgun permit to carry a concealed weapon in a public place while under the influence of alcohol or drugs.  It is punished with up to 12 months in jail, a fine of up to $2500, revocation of his concealed handgun permit, and the offender will not be able to apply for a concealed handgun permit for five years.
• Carrying Concealed Weapon While Consuming Alcohol in Public (Va. Code §18.2-308.012(B)) : It is a Class 2 misdemeanor for anyone with a concealed carry permit to consume any alcohol if he carries his handgun onto the premises of any restaurant or club that serves alcohol.  This offense is punished with up to 6 months in jail and a fine up to $1000.

Virginia Firearm Charges Involving Minors

• Recklessly Leaving Loaded Firearm (Va. Code §18.2-56.2(A)): It is a Class 3 misdemeanor to endanger the life or safety of a child under the age of 14 by recklessly leaving a loaded, unsecured firearm.  This offense is punished with a fine up to $500.
• Allowing Child to Use Firearm Without Adult Supervision (Va. Code §18.2-56.2(B)): It is a Class 1 misdemeanor  to allow a child under 12 to use a firearm without adult supervision.  This offense is punished with up to 12 months in jail and a fine up to $2500.
• Possession or Transportation of Firearm by Minors (Va. Code §18.2-308.7): It is a Class 1 misdemeanor for any minor to possess or transport a handgun or assault firearm.  This offense is punished with up to 12 months in jail and a fine up to $2500.

 Virginia Firearm Charges Involving Sales, Transfers, and Registration of Firearms

There are a number of categories of people prohibited from purchasing or possessing firearms, including convicted felons and juveniles adjudicated delinquent, minors, incompetent or incapacitated persons, people who have been involuntarily committed, anyone acquitted by reason of insanity, subjects of protective orders, undocumented immigrants, and non-Virginia residents, among others.  As a result, there are a variety of Virginia firearm charges related to selling firearms to prohibited persons and purchasing firearms for prohibited persons, including:

• Purchasing A Firearm with Intent to Provide to Ineligible Person (Va. Code §18.2-308.2:2(M))
• Purchasing Firearm with Intent to Transport Out of Virginia to Provide to Ineligible Person (Va. Code §18.2-308.2:2(M))
• Solicitation of Purchase for Ineligible Person (Va. Code §18.2-308.2:2(N))
• Selling Firearm to Person Ineligible from Purchasing or Transporting Firearm in Virginia (Va. Code §18.2-308.2:1))
• Transferring Firearm to Non-Virginia Resident in Violation of Verification Requirements (Va. Code §18.2-308.2:2)
• Transferring Firearm to Person Prohibited from Possessing Firearm (Va. Code §18.2-308.2:1))
• Transferring Assault Firearm to Undocumented Immigrant (Va. Code §18.2-308.2:2(B))
• Transferring Rifle or Shotgun to Non-Virginia Resident, Undocumented Immigrant (Va. Code §18.2-308.2:2(L))
• Transferring Handgun to Minor (Va. Code §18.2-309)
• Employing Person to Sell Firearms who is Prohibited from Possessing or Purchasing Firearms (Va. Code §18.2-308.2:3)
• Transfer of Firearm by Person Prohibited from Possessing or Purchasing Firearm (Va. Code §18.2-308.2:3(J))

Additionally, Virginia criminalizes a number of other acts involving the purchase, sale, transfer, and registration of firearms, including importing or selling certain prohibited weapons, transferring firearms before receiving criminal record checks, failure to keep proper records of transfers, failure to comply with registration requirements, fraudulent purchases, and offenses committed by employees of firearms dealers.

Penalty for Multiple Firearm Convictions