Case StudiesFirearms & WeaponsArmstrong v. Commonwealth

Firearms & Weapons Case Study

Armstrong v. Commonwealth

📍 Virginia Court of Appeals📅 2010⚖️ Virginia Code § 18.2-308

Legal Issue

Whether the defendant's concealed carry of a firearm without a permit was lawful under the Second Amendment.

Court Holding

The court affirmed the conviction for carrying a concealed weapon without a permit, holding that Virginia's concealed carry permit requirement is a constitutional regulation of the right to bear arms under the Second Amendment. The court found that the permit requirement is a reasonable regulation that does not infringe on the core Second Amendment right of self-defense.

Defense Takeaway

Virginia's concealed carry laws are strictly enforced. D.J. Rivera challenges concealed carry charges by scrutinizing whether the firearm was actually concealed, whether the defendant had a valid permit, and whether any exception to the permit requirement applies — including the exception for persons carrying in their own home or place of business.

Relevant Virginia Law

This case involves § 18.2-308 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.

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