Virginia Concealed Weapon Handgun Criminal Lawyer
A concealed handgun often referred to as a concealed carry firearm is a handgun that is carried on a person in a hidden or inconspicuous manner, typically under clothing or in an easily concealed holster. Virginias concealed weapon law criminalizes the concealed carrying of a weapon according to Va. Code 18.2-308. It is illegal for anyone to carry his person, hidden from common observation, a firearm, specific types of knives, and other certain weapons. A first offense is a misdemeanor, and a subsequent offense is a felony. A weapon is deemed hidden from common observation when it is observable but is of such a deceptive appearance as to disguise the weapon’s true nature. There are exceptions to this Virginia law.
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Experienced Firearm Law Attorney Defends Concealed Weapon Cases
Riley & Wells Attorneys-At-Law is a law firm that represents clients accused of concealed weapon violations. The most common type of case involves carrying a handgun concealed. Our attorneys possess over 60 combined years of experience. We are recognized as a “Best Law Firm” according to U.S. News & World Report. We know firearm law – we wrote the Virginia Gun Law book. If you have been accused of carrying a concealed weapon, then you need an experienced professional to present your best defense. Let us review your case. We can help!
Top VA Concealed Handgun Criminal Lawyer Client Review
Virginia Defense Counsel for Concealed Weapon Handgun Cases
- Fairfax
- Prince William
- Loudoun
- Fredericksburg
- Richmond
- Henrico
- Chesterfield
- Hanover
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- Lexington
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- Wytheville
Concealed Handgun Permit Exception to Concealed Weapon Law
The most popular exception to the concealed weapon law is the Concealed Handgun Permit (CHP). The resident Virginia CHP is issued by the applicants local Circuit Court clerk’s office. CAUTION: A CHP does not legalize all forms of concealed carry. A CHP only excludes lawful concealed carry of a handgun. No other weapons are covered by the CHP. The CHP is invalidated if intoxicated. Virginia law prohibits firearms from being possessed on certain properties or within certain buildings. Convictions for certain offenses will invalidate the CHP.
Concealed Handgun Permit Application & Appeal Process
A Virginia concealed handgun permit is a legal document that allows an individual to carry a concealed handgun in public. In Virginia, any person 21 years of age or older may apply in writing to the clerk of the circuit court of the county or city in which he resides for a concealed handgun permit according to § 18.2-308.02. Nonresidents of the Commonwealth 21 years of age or older apply in writing to State Police according to § 18.2-308.06. Unfortunately, there are disqualifications that can render an applicant ineligible for a concealed handgun permit. Sometimes an application is improperly denied. Let us review your case.
Virginia Automobile Handgun Exception to Concealed Weapon Law
There are various exceptions to the Virginia concealed weapon law. Perhaps the most popular exception after carrying in your place of abode exception is the motor vehicle exception. The Virginia concealed weapon law does not apply in cases where a handgun is secured in a container or compartment of a personal private motor vehicle. The secured container or compartment is not required to be locked. Such compartment is commonly referred to a glovebox or center console but also includes containers such as a fully zippered backpack.
Common Concealed Carry Handgun Violations
Carrying a concealed handgun is a serious responsibility-legally and in terms of safety. If you plan on carrying a concealed handgun, then you should know the law before doing so. Carrying a concealed handgun without a concealed handgun permit (CHP) where there is no CHP exception is a common violation. On the other hand, CHP holders also make concealed carry mistakes that can trigger an arrest. Carrying in bars or while intoxicated; CHP expiration; and carrying into prohibited locations such as an airport, a courthouse, or a school will also likely trigger an arrest if detected.
Concealed Carry of a Handgun vs. Open Carry
A person’s right to carry a firearm openly is considered universal in Virginia, subject to definite and limited restrictions upon certain locations and classifications of individuals. If you are at least 18 years old and not otherwise prohibited from possessing a firearm, then you may open carry a loaded firearm in public without a license or a concealed handgun permit; however, there are exceptions. A private property owner can regulate or ban firearms on their property. Some localities have an exception to the open carry of a loaded shotgun or rifle in vehicles while traveling on a public highway. Some jurisdictions have an exception regarding the open carry of loaded assault firearms.
Concealed Handgun Permit Carry Attorney Legal Tips
The lawful concealed carrying of a handgun takes a certain amount of diligence and responsibility. It’s vital to approach concealed carry with a strong commitment to safety, legal compliance, and responsible firearm handling. Continual education and training are essential to avoiding mistakes and being a responsible concealed carry permit holder. Here are some common concealed handgun carry mistakes to avoid:
- Carrying without a permit: Virginia law requires a concealed handgun permit (CHP) be carried along with proper identification while carrying a concealed handgun.
- Carrying in prohibited areas: Ignoring posted signs or disregarding the law regarding places where concealed carry is prohibited. It’s important to know and follow the specific premises restrictions.
- Not knowing the laws: Ignorance of the law regarding concealed carry is not a valid defense if you are arrested for a violation. It is essential to be well-informed about the laws, regulations, and requirements related to concealed carry.
- Carrying in an emotional state: Carrying a concealed handgun while angry, emotionally distressed, or in a compromised mental state can lead to impulsive actions that have grave consequences. It’s essential to maintain emotional control and sound judgment at all times.
- Failure to properly secure the firearm: An unsecured, loaded firearm in a bag or purse can lead to accidental discharges. Always use a proper holster and maintain control of your firearm.
- Improper firearm handling: Mishandling a concealed handgun can lead to unintentional discharges and accidents.
- Not regularly practicing at the range: Regular trips to the shooting range are essential to maintain proficiency and safety.
- Being complacent: Complacency can lead to safety lapses. Always treat your concealed carry firearm with the utmost respect and vigilance.
Frequently Asked Questions
What is a concealed weapon or handgun charge in Virginia?
A concealed weapon or handgun charge usually means the government claims a person carried a weapon in a hidden or not readily visible way in violation of Virginia law. These cases often depend on where the weapon was located, whether it was actually concealed, whether an exception applied, and how law enforcement discovered it.
Does having a handgun in a vehicle automatically mean it was unlawfully concealed?
No. Vehicle cases can be fact-specific. The location of the weapon, whether it was visible, whether it was secured in a container or compartment, and whether an exception applies can all matter. A charge does not automatically mean the prosecution can prove a criminal violation.
Do concealed weapon cases depend on whether a person had a valid permit?
Yes, sometimes. Permit status can be important, but it is not always the only issue. Some cases turn on whether a permit existed, whether it was valid at the time, whether the weapon fits within the statute, and whether the person’s possession or transport of the weapon fell within a legal exception.
What defenses can matter in a concealed weapon or handgun case?
These cases often turn on whether the weapon was truly concealed, whether the stop or search was lawful, whether the accused knew the weapon was where police found it, and whether a statutory exception or permit defense applies. The exact facts, the officer’s observations, and the physical location of the weapon can all be important.
What should I do if I am charged with a concealed weapon or handgun offense in Virginia?
Do not make assumptions about how the law applies to your situation based only on the officer’s explanation. Preserve paperwork, identify where the weapon was found, review whether a permit or exception may apply, and evaluate the stop and search carefully. Early decisions can matter in firearm-related cases.
Request a Confidential Case Review
If you are facing a concealed weapon or handgun charge in Virginia, early decisions can affect how the case is investigated, defended, and resolved. These cases often turn on where the weapon was found, whether it was actually concealed, whether a permit or exception applies, and whether the stop or search was lawful. Riley & Wells Attorneys-At-Law represent clients in Virginia criminal cases statewide and can help you understand the accusation, evaluate the evidence, and identify the practical next steps based on your specific facts and goals. To discuss your situation, request a confidential case review. For general background on how Virginia criminal charges are classified, what the prosecution must prove, and how criminal cases move through the courts, review our Virginia criminal charges guide.
5/16/2021 | Updated 3/15/2026