Virginia Carrying A Concealed Weapon Lawyer — What Are Your Defense Options?
Carrying a concealed weapon in Virginia without a valid permit is a 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 affect your right to own firearms.
Virginia Concealed Weapon Law & Penalties
Virginia law strictly regulates the concealed carry of firearms and other weapons. The primary statute, Va. Code § 18.2-308, makes it illegal to carry about your person any pistol, revolver, or other weapon designed or intended to propel a missile of any kind, hidden from common observation, without a valid permit. This law also covers dirks, bowie knives, switchblade knives, ballistic knives, machetes, razors, and any weapon of like kind. The definition of “concealed” is broad; a weapon is considered concealed if it is not visible to ordinary observation, even if partially covered by clothing.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings a deep understanding of Virginia’s weapons statutes and the strategies prosecutors use to secure convictions. Our background in these cases provides a critical advantage in building your defense.
Official Legal Resources & Court Information
Understanding the law starts with the official sources. The full text of Virginia’s concealed weapons statute is available from the Virginia General Assembly’s official website. For specific court procedures and filing information related to your charge, you should consult the website of the Virginia Court System. These .gov resources provide the definitive legal text and procedural rules that govern your case.
Local Court Process for Concealed Weapon Charges
Virginia statewide practice means your case will be heard in the General District Court of the city or county where the alleged offense occurred. Prosecutors often rely heavily on the officer’s observation that the weapon was not visible. A skilled firearms defense lawyer will scrutinize the stop, the search, and the precise definition of “concealed” as it applies to your situation. In many jurisdictions, prosecutors may be willing to negotiate a reduction to a lesser offense if the evidence of concealment is weak or if there are procedural issues with the case.
- Arraignment: You will be formally charged and enter a plea of not guilty. Do not discuss the facts of your case at this stage.
- Pre-Trial Motions: Your weapon offense defense attorney may file motions to suppress evidence if the weapon was found through an unlawful search or seizure.
- Negotiation & Review: Your attorney will review all discovery (police reports, body cam footage) and negotiate with the Commonwealth’s Attorney for a possible reduction or dismissal.
- Trial: If no agreement is reached, your case will proceed to a bench trial before a judge in General District Court.
- Appeal or Sentencing: If convicted, you can appeal for a new trial in Circuit Court. If a plea is accepted, the judge will impose sentence.
Potential Penalties for a Concealed Weapon Conviction
In Virginia, carrying a concealed weapon without a permit is a Class 1 misdemeanor carrying up to 12 months in jail, a fine up to $2,500, and a permanent criminal record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Carrying Concealed Weapon (First Offense) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Loss of concealed carry permit; potential impact on firearm ownership rights. | Permanent criminal record; difficulty securing employment, housing, or professional licenses. |
| Carrying Concealed Weapon (Subsequent Offense) | Class 6 Felony | 1 to 5 years (or up to 12 months) | Up to $2,500 | Loss of firearm rights; ineligible for permit. | Felony record; loss of voting rights until restored; ineligible for certain federal benefits. |
| Carrying Concealed Weapon by a Felon | Separate felony under § 18.2-308.2 | Mandatory minimum 5 years | Up to $2,500 | N/A | Severe mandatory prison sentence under Virginia’s sentencing guidelines. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Weapons Charge Defense
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined legal experience to every case. Our founder, Mr. Sris, is a former prosecutor who understands how the Commonwealth builds its cases. We have a documented track record of achieving favorable outcomes for clients facing serious charges. Our approach is direct: we analyze the evidence against you, identify weaknesses in the prosecution’s case, and develop a clear strategy focused on protecting your rights and your future.
Case Results & Client Outcomes
Our firm-wide results across VA, MD, NJ, NY, and DC include 4,739+ documented cases with a 93%+ favorable outcome rate. In weapons cases, favorable outcomes often involve motions to suppress evidence skilled to dismissals, negotiations for reductions to non-weapons offenses, or acquittals at trial. For instance, our attorneys have successfully argued for the suppression of a firearm where the initial traffic stop was deemed unlawful, resulting in the dismissal of all charges.
Results may vary. Prior results do not aim for a similar outcome.
Our secondary attorney on complex criminal matters is Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting and information systems. He provides strategic oversight, particularly in cases involving complex evidence or cross-jurisdictional issues.
Contact a Virginia Weapons Attorney Near You
If you are facing a concealed weapon charge in Virginia, time is critical. Early intervention by a gun charges lawyer can influence the initial charges and the direction of the investigation. We offer 24/7 phone consultations and meet with clients by appointment at our offices across Virginia to provide accessible legal support.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
We serve clients from all Virginia communities. Contact us for a consultation regarding your concealed weapon charge.
Frequently Asked Questions (FAQs)
Is carrying a concealed weapon a felony in Virginia?
No, a first offense for carrying a concealed weapon without a permit is typically a Class 1 misdemeanor. However, a second or subsequent conviction is a Class 6 felony. Carrying a concealed weapon while also being a convicted felon is a separate, more serious felony with a mandatory minimum prison sentence.
Can I get a concealed weapon charge expunged in Virginia?
It depends. If the charge is dismissed or you are found not guilty, you are eligible for an expungement under Va. Code § 19.2-392.2. If you are convicted of a misdemeanor, you must wait seven years and meet strict criteria for a misdemeanor expungement. A felony conviction cannot be expunged. A weapons attorney can advise you on your specific eligibility.
What is the difference between “open carry” and “concealed carry” in Virginia?
Open carry means the weapon is visible to ordinary observation, such as in a holster on your hip. No permit is required for open carry in Virginia for those who can legally possess a firearm. Concealed carry means the weapon is hidden from view, such as under a jacket or in a bag. A valid permit is required for concealed carry, with limited exceptions.
What are common defenses to a concealed weapon charge?
Common defenses include challenging the legality of the stop or search that discovered the weapon, arguing the item was not “concealed” as defined by law, proving you had a valid permit, or demonstrating that the item does not meet the legal definition of a weapon under the statute. A firearms defense lawyer will evaluate the best defense for your case.
How long does a concealed weapon case take in Virginia?
A misdemeanor concealed weapon case in General District Court typically takes 2 to 4 months from arrest to trial. If the case is appealed to Circuit Court, it can take an additional 3 to 6 months. Complex cases or those involving motions to suppress evidence may take longer. Your weapon offense defense attorney can provide a more specific timeline based on the court’s docket.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.