Concealed Firearm Defense Lawyer in Virginia Beach, Virginia
Carrying a concealed firearm in Virginia Beach without a valid permit is a serious criminal charge under Va. Code § 18.2-308, classified as a Class 1 misdemeanor punishable by up to 12 months in jail and a $2,500 fine. Law Offices Of SRIS, P.C.
Virginia Law on Carrying Concealed Weapons
Virginia Code § 18.2-308 is the primary statute governing the carrying of concealed weapons, including firearms. It is unlawful for any person to carry about their person, hidden from common observation, any pistol, revolver, or other weapon designed or intended to propel a missile of any kind. A valid concealed handgun permit issued by the Commonwealth is a defense to this charge. However, even with a permit, carrying in prohibited places like schools or courthouses can lead to separate charges. The statute outlines specific exceptions for law enforcement, military personnel, and certain circumstances.
Last verified: April 2026 | Virginia Beach General District Court | Virginia General Assembly
Official Legal Resources
For the exact language of the law, refer to the official Va. Code § 18.2-308 (Carrying concealed weapons; penalty) on the Virginia General Assembly website. Court procedures and filing information for Virginia Beach can be found at the Virginia Beach General District Court official website.
Defending a Concealed Firearm Charge in Virginia Beach
The key local procedural fact is that these cases are heard in Virginia Beach General District Court. The Commonwealth’s Attorney must prove beyond a reasonable doubt that the weapon was both concealed and carried on your person. A skilled criminal attorney can challenge whether the item was truly “hidden from common observation” or if an exception applies. Prosecutors in this jurisdiction often seek jail time for these charges, making early intervention by a defense lawyer critical.
- Secure Representation Immediately: Contact a defense lawyer as soon as possible after arrest or receiving a summons.
- Case Analysis & Investigation: Your attorney will review all evidence, including police reports and witness statements, to identify weaknesses in the prosecution’s case.
- Pre-Trial Motions: File motions to suppress evidence if it was obtained through an unlawful search or seizure, a common defense in weapons cases.
- Negotiation or Trial: Work with your lawyer to either negotiate a favorable plea agreement or prepare for a bench trial in General District Court.
- Appeal for Jury Trial: If convicted in GDC, you have an absolute right to appeal to Virginia Beach Circuit Court for a new trial before a jury.
Potential Penalties for a Concealed Firearm Conviction
In Virginia Beach, a conviction for carrying a concealed firearm as a first-time Class 1 misdemeanor carries up to 12 months in jail and a fine of up to $2,500, plus a permanent criminal record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Carrying Concealed Firearm (First Offense) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Loss of right to carry | Permanent criminal record; firearm possession rights affected |
| Carrying Concealed Firearm (Subsequent Offense) | Class 6 Felony | 1 to 5 years (or up to 12 months) | Up to $2,500 | Loss of right to carry | Felony record; loss of voting rights |
| Carrying on School Property | Class 6 Felony | 1 to 5 years (mandatory min. possible) | Up to $2,500 | Loss of right to carry | Enhanced penalties |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide track record includes 4,739+ documented case results with a 93%+ favorable outcome rate. We understand that a weapons charge can impact your future, and we provide a focused, case-specific approach to your criminal charges defense.
Case Results and Client Advocacy
In Virginia Beach, our firm has 8 total documented case results across all practice areas with a 100% favorable outcome rate. While every case is unique, our team, including secondary attorney Mr. Sris—a former prosecutor with a background in accounting and information systems—works collaboratively to analyze every detail of your case. We look for procedural errors, violations of your rights, and opportunities to have evidence suppressed or charges reduced.
Results may vary. Prior results do not aim for a similar outcome.
Local Defense for Virginia Beach Residents
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Ste 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009 | Local: (888) 437-7747
By appointment only.
Our Richmond location serves clients facing charges at the Virginia Beach General District Court. We are accessible via I-64 and other major routes. As a concealed firearm defense lawyer near Virginia Beach, Sandbridge, and Oceana, we offer 24/7 phone consultations at (888) 437-7747—meetings are by appointment only.
Frequently Asked Questions
What is the penalty for carrying a concealed firearm in Virginia Beach?
It is a Class 1 misdemeanor, punishable by up to 12 months in jail and a $2,500 fine. A second offense becomes a Class 6 felony, carrying 1 to 5 years in prison.
Can I get a concealed firearm charge expunged in Virginia?
It depends. If the charge is dismissed, you are found not guilty, or the prosecutor enters a nolle prosequi, you may petition for expungement under Va. Code § 19.2-392.2. A conviction generally cannot be expunged.
Do I need a lawyer for a concealed weapons charge?
Yes. The potential for jail time and a permanent criminal record is significant. A criminal defense lawyer can protect your rights, challenge evidence, and work towards the best possible outcome.
What’s the difference between GDC and Circuit Court for this charge?
Your trial will start in Virginia Beach General District Court (GDC) before a judge. If convicted, you have an automatic right to appeal for a new jury trial in Virginia Beach Circuit Court.
What are common defenses to a concealed firearm charge?
Defenses include having a valid permit, the weapon not being concealed, unlawful search and seizure, lack of knowledge the weapon was present, or qualifying for a statutory exception.
Related Legal Services in Virginia Beach
If you are facing other charges, our firm provides full representation. You may also need a DUI lawyer in Virginia Beach or a reckless driving attorney in Virginia Beach. For broader state resources, see our Virginia criminal defense lawyer hub page. We also assist clients in nearby jurisdictions like Henrico County and Chesterfield County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.