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Virginia and federal firearms charges range from misdemeanor carrying violations to serious felonies with mandatory minimum sentences. A conviction can permanently strip you of your Second Amendment rights. D.J. Rivera provides aggressive defense for all firearms-related charges.
Free Consultation — Available 24/7Virginia has a complex web of firearms statutes that regulate who may possess a firearm, how it may be carried, and what conduct involving a firearm is criminal. Virginia is a "shall issue" concealed handgun permit state, but carrying a concealed handgun without a valid permit is a criminal offense. Certain categories of persons are prohibited from possessing firearms under both Virginia and federal law, and the penalties for violations are severe.
Northern Virginia — particularly the Eastern District of Virginia — is one of the most aggressive federal districts for firearms prosecutions. Federal prosecutors frequently add firearms charges to drug and violent crime cases, triggering mandatory minimum sentences that can dramatically increase a defendant's exposure.
| Offense | Code | Classification | Penalty |
|---|---|---|---|
| Carrying Concealed (no permit) | § 18.2-308 | Class 1 Misdemeanor (1st) | Up to 12 months / $2,500 fine |
| Carrying Concealed (2nd offense) | § 18.2-308 | Class 6 Felony | Up to 5 years |
| Possession by Felon | § 18.2-308.2 | Class 6 Felony | Up to 5 years (2 years mandatory min.) |
| Possession by Felon (violent/drug) | § 18.2-308.2 | Class 6 Felony | 5 years mandatory minimum |
| Use of Firearm in Felony (1st) | § 18.2-53.1 | Mandatory Sentence | 3 years mandatory consecutive |
| Use of Firearm in Felony (2nd) | § 18.2-53.1 | Mandatory Sentence | 5 years mandatory consecutive |
| Brandishing a Firearm | § 18.2-282 | Class 1 Misdemeanor | Up to 12 months / $2,500 fine |
| Brandishing at School/Public Place | § 18.2-282 | Class 6 Felony | Up to 5 years |
| Shooting in Occupied Building | § 18.2-279 | Class 4 Felony | 2–10 years |
| Federal Felon in Possession (18 U.S.C. § 922(g)) | Federal | Federal Felony | Up to 15 years (enhanced under ACCA) |
| Federal Use in Drug Trafficking (18 U.S.C. § 924(c)) | Federal | Federal Felony | 5 years mandatory consecutive (min.) |
Fourth Amendment suppression: Many firearms charges arise from traffic stops, Terry stops, or searches. D.J. Rivera analyzes whether the police had legal authority to stop, detain, and search the defendant. An unlawful stop or search can result in suppression of the firearm and dismissal of the charge.
Challenging possession: The prosecution must prove that the defendant knowingly possessed the firearm. In cases where a firearm was found in a shared vehicle or location, constructive possession must be proven — often a difficult burden. D.J. Rivera challenges the government's evidence of knowing possession.
Restoration of rights: Virginia law provides a process for restoring the civil right to possess firearms after a felony conviction. D.J. Rivera advises clients on eligibility for rights restoration and can assist with the petition process.
Valid permit defense: In concealed carry cases, D.J. Rivera verifies whether the client had a valid concealed handgun permit (CHP) from Virginia or a reciprocal state at the time of the alleged offense. Permit issues — such as expiration or out-of-state permits — are often resolvable.
Federal mandatory minimum challenges: Federal firearms charges, particularly under 18 U.S.C. § 924(c), carry mandatory consecutive sentences that can dramatically increase a defendant's total exposure. D.J. Rivera challenges the predicate offense, the nexus between the firearm and the alleged crime, and the applicability of enhancement statutes.
Firearms charges can result in mandatory prison sentences and permanent loss of your gun rights. D.J. Rivera is available 24/7 for emergency consultations.
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