In such a case, the individual faces one to five years in prison, or, at the discretion of the a jury or a court without a jury trying the case, up to 12 months in jail and/or a fine of up to $2,500. The third violation of this section constitutes a Class 5 felony, where the guilty individual would face a felony conviction with one to 10 years in prison, or, at the discretion of the court or a jury trying the case, up to 12 months in jail and/or a fine of up to $2,500. On April 17, a grand jury. ___ (April 25, 2017). Yet, the circumstances surrounding the discharge of the weapon and where the weapon was discharged determine the penalty for the offense. Section 18.2-11(a). Reckless discharge of a firearm in Virginia. If convicted, the offender can face up to 12 months in jail and $2,500 in criminal fines. This crime is punished by 2-10 years and a fine up to $100,000. Section 18.2-56.1(A). There are a number of different weapons that are considered firearms in Virginia. All Rights Reserved. Subsequent years of investigations following the shooting with few answers provided led the family to call on allies and supporters including members of Congress to demonstrate and help where possible. A semi-automatic rifle equipped with a magazine that holds more than 20 rounds of ammunition, is designed to be equipped with a silencer, or is designed to be equipped with a folding stock, or; A semi-automatic pistol equipped with a magazine that holds more than 20 rounds of ammunition or is designed to be equipped with a silencer, or; A shotgun with a magazine that holds more than 7 rounds of ammunition. An individual violates this section if the individual carries a firearm into a place of religious worship while there is a religious meeting of some sort taking place without good and sufficient reason. The individual would then face a felony conviction with two to 10 years in prison and a possible fine of up to $100,000. False Claims Act / Whistleblower Litigation, Act in a way that demonstrates a severe disregard for human life; and. If an individual discharges a firearm without malice, or, the intent to harm another, then the individual is guilty of a Class 6 felony. Many of these offenses can be charged in addition to the underlying crimes in which the offender was using the firearm, and the offender can be sentenced to consecutive prison time. Unfortunately, even the most careful gun owners can make a mistake, where a firearm is accidentally discharged. Because felony illegal discharge must be malicious except for when schools are involved or the prosecutor must prove willful discharge, there are some defenses to gun offenses set forth in state law. The Ashburn man apparently discharged a firearm and injured a woman in . Fortunately for Bryant, after returninga guilty verdict, the jury set no period of incarceration and set a fine of zero dollars. She testified that the discharge was accidental, following her decision, after all, not to commit suicide by handgun at the hotel incident scene. Section 18.2-10(f). The Virginia man who allegedly shot and killed his neighbor's dog following a verbal altercation has been released from jail, according to Fairfax County officials. Section 18.2-279. Section 18.2-308.4. If an individual intentionally discharges a weapon (or causes a weapon to be discharged) on any elementary, middle, or high schools property, or on public property within 1,000 feet of such a schools property, then the individual is guilty of a Class 4 felony. #315 Reckless handling of firearms; reckless handling while hunting. Copyright Virginia Criminal Lawyer 2023. Section 18.2-11(d). Call Us 24/7 for FREE CONSULTATION (703) 940-1570. . Lastly, if an individual discharges a firearm within a school building or at a school building, whether occupied by another person or not, then the individual is guilty of a Class 4 felony. I have never had a charge dropped in my life. This makes it a crime for anyone to willfully discharge or cause a firearm to be discharged. . (1977, c. 194; 1985, c. 182; 1991, c. 1955, Act 14, Eff . Nor should you simply accept your fate. The most flagrant violation of this section occurs if an individual (1) possesses, uses, attempts to use, or threateningly brandishes a firearm when (2) the individual is simultaneously manufacturing, selling, distributing, or possessing with the intent to do such with a Schedule I or Schedule II controlled substance, or over one pound of marijuana. A number of Virginia firearm charges involve the use of firearms, including use of specific firearms and use of firearms to commit a felony or crime of violence. #108 This offense is punished with 20 years to life in prison and a fine up to $100,000. 684.03 RECKLESS OR CARELESS USE OF GUNS. Virginia firearm charges involving discharging and shooting firearms can be misdemeanors or felonies. This offense is punished by up up to 5 years in prison and a fine up to $2500. Sections 18.2-308.2(A); 18.2-10(f). For more detail on drug related offenses see the Drug page here. Section 18.2-11(a). For statutory information on how to obtain a permit for a concealed handgun, look at the section on Permits for Carrying Concealed Weapons (Section 18.2-308.01), and information for concealed carry permits can be found in the section on Nonresident Concealed Carry Permits (Section 18.2-308.06). You already receive all suggested Justia Opinion Summary Newsletters. If a person is not on a range and if they are not hunting then the odds are they probably going to be violating the law because if they are shooting in or around a residential area, most folks are going to consider that to be a reckless handling of a firearm or a reckless discharge of a firearm. In a statement, the Ghaisar family said, After years of seeking justice within our legal system, we deeply understand that our system is broken and needs to be fixed. gun, or any discharge of a BB gun not resulting in the expulsion of a projectile. Accordingly, it is important to work with an experienced criminal defense of gun crimes attorney to get the best possible outcome. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This field is for validation purposes and should be left unchanged. Most crimes cannot be proven merely by committing the act known asactus reus but also require proof of criminal intent, known asmens rea. Texas Penal Code - PENAL 42.12. This section has three levels of varying penalties depending on whether the firearm possessed by the accused is merely owned by the accused, is present on the accuseds person, or is used or displayed as part of the drug-related offense. Virginia firearm charges involving the reckless handling of a firearm could be misdemeanors or felonies. Furthermore, if a person goes hunting or trapping on a revoked license, they can face further punishment under Section 18.2-56.1. Any person violating this section shall be guilty of a Class 1 misdemeanor. An individual is guilty of this crime if the individual (1) points, holds, or brandishes (2) a firearm, an air or gas operated weapon, or any object that looks similar, (3) in a public place (4) in such a way that would reasonably cause another person to be afraid of being shot or injured. Illegal Discharge of a Firearm Within or At a Building The foundation of the offense for illegal discharge of a firearm in or at a building is built upon 18.2-280, illegal use of a firearm. 105 Oronoco St As a result of this incident, the authorities charged the Ashburn man with the misdemeanor of reckless handling of firearms. Section 18.2-308.1:5. Section 18.2-308.1:1(A). This section covers many different types of weapons, but primarily focuses on firearms. Roanoke Drug Arrests: Are You Eligible for Drug Court? Qualifications and liability of persons authorized to take blood sample; procedure for taking samples. The circumstances surrounding the discharge of the weapon will determine whether a person is charged with a Class 4 or Class 6 felony. Any individual who discharges a firearm in a road, or across a road, shall be guilty of a Class 4 misdemeanor. Section 18.2-10(f). If an individual is (1) illegally (2) carrying a Schedule I or II controlled substance and (3) simultaneously (4) intentionally (5) possesses a firearm, then the individual is guilty of possession of firearms while in possession of certain substances a Class 6 felony. If you have been accused of the unlawful discharge of a firearm in Dumfries, it may be critical to seek the assistance of a skilled firearm attorney. All Rights Reserved. This section does not apply to individuals who have been deemed to have had their competency or capacity restored, and who have applied for and been granted a restoration of their gun rights. Section 18.2-280(C). Section 18.2-10(f). Most Virginia firearm charges are felonies and many have mandatory minimum penalties that run consecutively with any other charges. Section 18.2-11(a). Call Us at (540) 343-9349. It's not a per se rule unless the courts say it is. Under this section, it is unlawful to handle a firearm in such a way that creates a risk of property damage, physical harm, or death. According to a report "she thought that she was handling a BB gun when she accidentally shot her brother with a real gun.". Section 18.2-308.4(C). Any individual who violates this section faces a felony conviction with one to five years in prison, or, at the discretion of the court or a jury trying the case, reduced penalties of up to 12 months in jail and/or a fine of up to $2,500. Phone: (703) 348-3116. A violation of Section 18.2-56.1 typically qualifies as a Class 1 misdemeanor in Virginia. In addition, many of the laws surrounding these prohibited or categorically-regulated weapons use the term crime of violence, which is defined (e.g., Sections 18.2-288; 18.2-299) to include any of the following crimes or attempts to commit them: A machine gun is defined in Section 18.2-288(1) as any weapon capable of automatic fire with a single pull of the trigger. You can explore additional available newsletters here.