Virginia Concealed Firearm Defense Lawyer — What Are Your Legal Options?
Carrying a concealed firearm in Virginia without a valid permit is a serious Class 1 misdemeanor under Va. Code § 18.2-308, punishable by up to 12 months in jail and a $2,500 fine. A conviction creates a permanent criminal record and can result in the loss of your right to possess firearms.
Virginia Law on Carrying Concealed Weapons
Virginia law strictly regulates the carrying of concealed weapons, including firearms. The primary statute, Va. Code § 18.2-308, makes it unlawful to carry about your person any hidden weapon, including a pistol, revolver, or other firearm designed to expel a projectile by an explosion, without a valid permit. A concealed firearm defense lawyer in Virginia understands that the definition of “concealed” is broad; it means hidden from common observation, such as under a coat or in a bag. Even if you have a firearm in your vehicle, its location and accessibility can lead to a charge if you do not have a concealed handgun permit (CHP).
Last verified: April 2026 | Statewide Virginia Courts | Virginia General Assembly
The firm, founded in 1997 by former prosecutor Mr. Sris, brings extensive experience to these sensitive cases. A strong defense often hinges on challenging the legality of the stop, search, or seizure that led to the discovery of the firearm.
Official Legal Resources
For the exact language of the law, refer to the official Virginia Code § 18.2-308. For court procedures and forms, visit the Virginia Judicial System website.
Building a Defense Strategy for Concealed Firearm Charges
Successfully defending against a concealed weapon charge requires a precise, case-specific approach. A concealed firearm defense lawyer in Virginia from our team will immediately examine the circumstances of your arrest. Was the traffic stop or pedestrian stop based on reasonable suspicion? Did law enforcement have probable cause to search you or your vehicle? If the search violated your Fourth Amendment rights, the evidence may be suppressed. We also scrutinize whether the weapon was truly “concealed” as defined by law and verify the validity and status of any permit you may hold.
- Case Evaluation: Immediately after arrest, consult with a defense lawyer to discuss the arrest details and your permit status.
- Motion to Suppress: Your lawyer may file a motion to challenge the legality of the search that found the weapon.
- Permit Verification: Your legal team will obtain and verify all records related to your concealed handgun permit, if applicable.
- Negotiation: Your criminal court lawyer will engage with the Commonwealth’s Attorney to seek a favorable plea agreement, such as a reduction in charges.
- Trial Preparation: If a fair plea cannot be reached, your attorney will prepare a vigorous trial defense, challenging the prosecution’s evidence and arguments.
- Sentencing Advocacy: If convicted, your lawyer will advocate for the most lenient sentence possible, arguing for alternatives to incarceration.
Potential Penalties for a Concealed Weapon Conviction
In Virginia, carrying a concealed firearm without a permit is a Class 1 misdemeanor, carrying severe penalties that extend beyond the courtroom.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Carrying Concealed Firearm (First Offense) | Class 1 Misdemeanor | Up to 12 months in jail | Up to $2,500 | Loss of concealed carry permit; potential loss of right to possess any firearm. | Permanent criminal record; difficulty securing employment, housing, and professional licenses. |
| Carrying Concealed Firearm (Subsequent Offense) | Class 6 Felony | 1 to 5 years in prison, or up to 12 months in jail | Up to $2,500 | Permanent loss of firearm rights. | Felony record; loss of voting rights until restored; ineligibility for certain government benefits. |
| Carrying Concealed Weapon on School Property | Class 6 Felony | 1 to 5 years in prison (mandatory minimum may apply) | Up to $2,500 | Loss of firearm rights. | Enhanced penalties due to location; severe impact on future prospects. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our team includes former prosecutors and attorneys with deep knowledge of Virginia’s weapon laws. We approach every case with the understanding that a weapons charge can alter your life, and we fight to protect your rights, your record, and your future. Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases.
Documented Case Results
Our firm has a documented record of favorable outcomes in criminal defense cases across Virginia. While every case is unique, our strategic approach has consistently helped clients. For instance, our team has successfully argued motions to suppress evidence in firearm cases, skilled to dismissals. We have also negotiated reductions from felony to misdemeanor charges for clients facing serious weapons allegations. Results may vary. Prior results do not aim for a similar outcome.
Of Counsel attorney Kristen Fisher, a former Maryland Assistant State’s Attorney, also contributes significant litigation experience to our Virginia defense team, particularly in cases intersecting with procedural challenges.
Virginia Concealed Firearm Defense Lawyer Near You
Facing a concealed weapon charge is a time-sensitive matter. The Law Offices Of SRIS, P.C. offers 24/7 phone consultations at (888) 437-7747. We serve clients throughout Virginia and can meet by appointment at one of our several locations to discuss your defense strategy.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions
Can I get a concealed weapon charge expunged in Virginia?
It depends. If you are acquitted or the charge is dismissed (nolle prosequi), you are eligible for expungement under Va. Code § 19.2-392.2. If you are convicted of a misdemeanor, you must wait seven years and meet strict criteria to petition for an expungement, which is not guaranteed. A conviction for any felony is generally not eligible for expungement.
Does a valid out-of-state concealed carry permit protect me in Virginia?
Yes, but with conditions. Virginia recognizes concealed handgun permits from states that have reciprocity agreements. However, you must still follow all Virginia laws regarding where you can carry (e.g., schools, government buildings). If your permit is from a non-reciprocating state, it provides no protection, and you could be charged under Va. Code § 18.2-308.
What is the difference between “open carry” and “concealed carry” in Virginia?
Open carry is generally legal in Virginia without a permit for individuals 18 and older who can legally possess a firearm. The weapon must be visible. Concealed carry requires a permit because the weapon is hidden from ordinary observation. The critical distinction for a criminal charges defense is whether the firearm was hidden, which is a factual determination made by the court.
If the firearm wasn’t on my person, but in my car, can I still be charged?
Yes. If the firearm in your vehicle is accessible to you (e.g., in the glove compartment, under the seat, or in a bag next to you) and is hidden from view, it is considered concealed. Without a valid permit, this can lead to a charge. A central part of your defense may involve arguing about the weapon’s accessibility and visibility.
What should I do if I’m arrested for carrying a concealed weapon?
Remain calm and polite. Do not answer questions or make statements beyond identifying yourself. Clearly state that you wish to speak with an attorney. Contact a concealed firearm defense lawyer in Virginia as soon as possible. Do not discuss the case with anyone except your attorney, as jail calls and conversations can be used against you.
Last verified: April 2026. Laws change—contact the Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific situation.