The Law Offices of Daniel J. Miller The Law Offices of Daniel J. Miller
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Concealed Weapons

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Virginia Beach Concealed Weapon Defense Attorney

Gun laws can be complicated. Sometimes you believe you are within your rights, only to find yourself facing a weapons charge. This can easily happen when someone has a concealed carry permit, as restrictions can fluctuate.

At The Law Offices of Daniel J. Miller, we are here to assist people who’ve been arrested for carrying a concealed weapon. With decades of combined experience, our team is ready to fight for your rights. We believe that everyone is innocent until proven guilty. No matter the charge, our team is ready to help preserve that innocence.

For a defense against concealed weapons charges in Virginia Beach, trust our firm to work hard for you. Call us today at (757) 267-4949 for a free consultation.

Virginia’s Concealed Firearm Penalties

Allegations of illegally carrying a firearm come with severe penalties.

In Virginia, those penalties climb the more you are accused.

  • 1st Offense: 
    Class 1 misdemeanor (the highest misdemeanor in the state); 1 year in jail; fines up to $2,500
  • 2nd Offense: 
    Class 6 felony; 1 to 5 years in prison; fines up to $2,500
  • 3rd Offense (or more): 
    Class 5 felony; 1 to 10 years in prison; fines up to $2,500

Accused of Illegally Concealed Firearm While Having a Permit

Even if you have a right to carry a concealed firearm, simply moving from place to place can cause legal trouble. Across Virginia, it is illegal to carry a firearm in an airport terminal or a place of worship while in service.

However, individual municipalities can have their own restrictions. Traveling from one part of the state to another can invalidate your permit depending on where you are.

Specific counties or municipalities can restrict concealed carry permits in any public space, including:

  • Parks or squares
  • Community or other recreational centers
  • Buildings such as libraries, courthouses, and so on
  • Outdoor locations during state or city-permitted events

It’s easy to get confused about concealed carry laws when you’re passing through a town. You may be unaware of your current location’s codes and suddenly face an arrest. Our firm can help argue your innocence in court.

Intent is an important part of any criminal prosecution. It’s not enough to simply break the law through a technicality. Prosecutors must show that you willingly chose the wrong actions. We can help prepare a solid defense, showing that you believed you were in the right, unaware that you were violating local standards.

Defenses Against a Concealed Weapons Charge

With years of defense experience, our firm is aware of several strategies that can help your case.

Here are just a few examples.

  • Lack of Knowledge 
    You were completely unaware that you had the weapon in the first place. Perhaps you borrowed a friend’s car or clothing, not realizing there was a weapon concealed within.
  • The Weapon Was Difficult to Access 
    Even if you were carrying a weapon, you may have had it locked away under layers of clothing, straps, buttons, and clamps.
  • The Weapon Was Not Concealed 
    If someone can easily see the weapon on your person, it is technically not hidden.
  • Lack of Intent 
    As mentioned above, it’s possible to break the law completely by accident. People with concealed carry permits can make easy, technical errors, believing themselves to be perfectly following the law.
  • The Object Is Not Technically a Firearm 
    The law can be meticulous about how it classifies firearms. It takes materials, barrel lengths, shoulder braces, and firing styles into account. If just one of these variables is different, your device may not be legally deemed a firearm. For instance, the amount of plastic in an object changes its classifications.

For help with your concealed weapon allegations in Virginia Beach trust The Law Offices of Daniel J. Miller. You can reach us online or call us today at (757) 267-4949.

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