Dumfries Unlawful Firearm Possession
There are many laws regarding the possession of a firearm in Dumfries, and if a person has a criminal background, they may be ineligible to own a gun. If you wish to learn more about Dumfries unlawful firearm possession, speak with a seasoned attorney. A Dumfries unlawful firearm possession lawyer could also help defend you against any gun charges you face.
Legally Possessing a Firearm
There are required forms at both the federal and state level that a gun dealer must process in order to verify that someone is legally authorized to possess a firearm. Once a background check is cleared, they are set under Virginia law. Most firearms do not require a permit of any kind. However, people should obtain a concealed carry permit if they wish to carry the weapon concealed on their person.
Illegally Possessing a Firearm
It is only illegal to possess a firearm if someone is prohibited by law to do so. Those who are prohibited by law include people who have prior felony convictions or some other legal disabilities. If they are charged with Dumfries unlawful firearm possession, they should expect that they may be charged with a felony, and aggressively prosecuted.
Penalties for Unlawful Possession of a Firearm
As a general rule, Dumfries unlawful firearm possession by a convicted felon or someone otherwise prohibited from possessing a weapon is a Class Six felony, which is punishable by up to five years in prison or up to 12 months in jail and a $2,500 fine. However, if the felony that prohibits a person from possessing a weapon is considered a violent felony under Virginia law, then they could be looking at mandatory minimum five years, which means they are going to serve all five years of the sentence.
If they have any previous felony within the last 10 years, they are looking at a mandatory minimum term of two years, and those sentences will be added on to any other sentences that one might get as a result of the investigation and prosecution.
Firearm Possession in a Gun Free Zone
There are certain areas in Virginia where it is illegal to carry weapons. For example, an individual is not allowed to carry any weapon in or around a school zone. There are other laws that prohibit carrying weapons in other places throughout Virginia, such as courthouses.
The penalties for possession of a firearm in a gun-free zone depend on the specific location involved, but if a person possesses any firearm in or around school property, that person will be guilty of a Class Six felony, which is punishable by up to five years in prison or up to 12 months in jail and a $2,500 fine.
Seek Advice from a Dumfries Gun Lawyer
If a person finds out that they are being investigated by the police, they should consider remaining silent until they have had an opportunity to talk to a lawyer. Many people give incriminating statements to law enforcement by accident, and that is a difficult hurdle to clear when building a defense to a gun charge.
A person should consult a defense attorney immediately after being charged unlawful firearm possession in Dumfries. Retaining legal counsel could be a positive step towards resolving your gun charges and reaching a positive outcome in your case.