Concealed Firearm Defense Lawyer Virginia Beach, VA
Carrying a concealed firearm without a valid permit is a criminal charge under Virginia Code § 18.2-308. In Virginia Beach, this offense can be prosecuted as a Class 1 misdemeanor for a first offense, carrying penalties of up to 12 months in jail and a fine of up to $2,500. A second or subsequent offense is elevated to a Class 6 felony, which exposes a person to a prison term of one to five years. Cases are heard at the Virginia Beach General District Court for misdemeanors and preliminary hearings, and at the Virginia Beach Circuit Court for felony trials and appeals. The Commonwealth’s Attorney for Virginia Beach prosecutes these charges. Law Offices Of SRIS, P.C., founded in 1997, represents individuals facing concealed firearm allegations in Virginia Beach. Reach our firm at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
A first offense of carrying a concealed firearm without a permit in Virginia is a Class 1 misdemeanor, punishable by up to 12 months in jail and a $2,500 fine. A second or subsequent offense is a Class 6 felony.
Source: Va. Code § 18.2-308. Virginia Code § 18.2-308
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
What Concealed Firearm Defense Means in Virginia Beach, VA
Under Virginia law, a person commits the offense of carrying a concealed weapon when he or she carries about his person a firearm or other prohibited weapon that is hidden from common observation and does not hold a valid concealed handgun permit. The statute, Va. Code § 18.2-308, defines the elements and the permit exception set out in § 18.2-308.02. An otherwise lawful concealed handgun permit issued under Virginia law (or recognized through reciprocity) provides an affirmative defense. An experienced attorney evaluates whether a valid permit existed, whether the weapon was actually concealed, and whether the location fell within a prohibited area under § 18.2-308.1.
In Virginia Beach, a concealed firearm case moves through the Virginia Beach General District Court for a misdemeanor charge or for a felony preliminary hearing; felonies proceed to the Virginia Beach Circuit Court. The Virginia Beach Commonwealth’s Attorney’s Office handles prosecution. Procedurally, a defendant has an absolute right to a trial by jury in Circuit Court for any offense that carries jail time. First-offense cases often remain in the General District Court unless a defendant appeals an adverse decision. Understanding the local court’s calendar and the practices of the Commonwealth’s Attorney’s Office is important, and Mr. Sris and the firm’s Of Counsel attorneys bring substantial familiarity with the Virginia Beach court system.
How Mr. Sris and the Firm’s Of Counsel Attorneys Approach Concealed Firearm Cases
Mr. Sris, a former prosecutor, and the firm’s Of Counsel attorneys evaluate each concealed firearm charge from multiple angles. They examine the legality of the traffic stop or encounter that led to the discovery of the weapon, the definition of concealment under Virginia case law, and any documentation that shows the accused possessed a valid concealed handgun permit or fell within a statutory exception, such as carrying in a person’s own home or place of business. The firm also reviews whether a prior conviction was for an offense that actually triggers the firearm prohibitions of Va. Code § 18.2-308.2.
Through thorough preparation and careful review of the evidence, the defense team works to challenge the prosecution’s case at every stage—from a preliminary hearing in the General District Court through a trial in the Circuit Court. The firm’s attorneys appear regularly before the Virginia Beach courts and know the procedural expectations. Early involvement allows the defense to press for amendments or dismissals when legally appropriate. For a consultation with Mr. Sris and the firm’s Of Counsel attorneys, call (888) 437-7747.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Working alongside Mr. Sris, the firm’s Of Counsel attorneys add depth to the criminal defense practice, bringing experience that spans law enforcement, prosecution, and trial advocacy. The firm serves Virginia Beach residents from its Richmond location. To discuss a concealed firearm case, reach the firm at (888) 437-7747.
Frequently Asked Questions
What is the penalty for carrying a concealed firearm without a permit in Virginia Beach?
A first offense of carrying a concealed firearm without a permit is a Class 1 misdemeanor, punishable by up to 12 months in jail. The court may also impose a fine of up to $2,500. A second or subsequent offense becomes a Class 6 felony, which carries a prison sentence of one to five years. These cases are heard in the Virginia Beach General District Court (misdemeanor) or the Virginia Beach Circuit Court (felony). An attorney can evaluate whether a valid concealed handgun permit existed or whether the weapon was not actually concealed under Virginia law.
Can a charge be dismissed if I had a concealed handgun permit?
If you held a valid concealed handgun permit at the time of the alleged offense, the permit may serve as a defense to the charge. Virginia recognizes permits issued under Va. Code § 18.2-308.02 and, through reciprocity agreements, certain out-of-state permits. The prosecution must prove the absence of a valid permit beyond a reasonable doubt. Your attorney will verify the permit’s status and whether it covered the firearm and the location. A valid permit often leads to a dismissal of the charge.
How does the Virginia Beach court process work for a concealed firearm case?
A misdemeanor concealed firearm charge begins in the Virginia Beach General District Court, while a felony charge proceeds through a preliminary hearing in that court before moving to the Virginia Beach Circuit Court. The General District Court handles arraignment, bond review, and the trial for misdemeanors, or a preliminary hearing for felonies. If the case is appealed or certified, the Circuit Court conducts a jury trial if the defendant requests one. The timeline varies by court scheduling, but an attorney can help navigate each stage.
What are possible defenses to a concealed firearm charge in Virginia?
Common defenses include challenging the element of concealment, asserting a valid concealed handgun permit, and questioning the legality of the police encounter. Virginia courts interpret “about his person” broadly, so the defense may argue the weapon was not actually hidden from common observation. If the stop or search violated the Fourth Amendment, any evidence obtained may be excluded. An experienced defense attorney examines the facts to determine the strong $1.
What should I do if I am arrested for carrying a concealed firearm in Virginia Beach?
Remain silent and ask to speak with an attorney. Do not discuss the facts with law enforcement or attempt to explain the situation. The statements you make can be used against you. Contact an attorney as soon as possible. Law Offices Of SRIS, P.C. can be reached at (888) 437-7747 to request a consultation and begin working on your defense.
Do I need a lawyer for a concealed firearm charge in Virginia Beach?
Yes, because a conviction for carrying a concealed firearm can result in jail time, a permanent criminal record, and the loss of firearm rights. Even a misdemeanor conviction may affect employment, professional licenses, and immigration status. An attorney can identify procedural mistakes, negotiate with the Commonwealth’s Attorney, and represent you at trial. Mr. Sris and the firm’s Of Counsel attorneys have experience handling firearm cases in Virginia Beach courts.
Related practice areas: Fairfax County Criminal Defense Lawyer | Prince William County Criminal Defense Lawyer | Virginia Criminal Defense Attorney
Virginia legal resources: Virginia Code § 18.2-308 | Virginia Beach General District Court | Virginia Judicial System
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