Concealed Weapon Lawyer in Fauquier County, Virginia — What Are Your Defense Options?
Carrying a concealed weapon without a 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 in Fauquier County. A conviction creates a permanent criminal record and can result in the loss of your right to possess firearms. Law Offices Of SRIS, P.C.
Virginia Law on Concealed Weapons
Virginia law strictly regulates the carrying of concealed weapons. A concealed weapon is any firearm or other weapon designed to expel a projectile, or any weapon of like kind, that is hidden from common observation. This includes handguns, knives with blades longer than three inches, and certain other weapons as defined by statute. The primary statute governing this offense is Va. Code § 18.2-308.
Last verified: April 2026 | Fauquier County General District Court | Virginia General Assembly
To lawfully carry a concealed handgun in Virginia, you must possess a valid Concealed Handgun Permit (CHP) issued by the circuit court of your county or city of residence. Carrying a concealed weapon without this permit is a criminal act. The firm’s founder, Mr. Sris, a former prosecutor with a background in complex case strategy, oversees the defense of serious charges like these.
Official Legal Resources
For the full text of the law, refer to the official Virginia Code § 18.2-308. Court procedures and filing information for Fauquier County can be found on the Fauquier County General District Court website.
Fauquier County Court Process for Weapons Charges
In Fauquier County, a charge for carrying a concealed weapon begins with an arrest or summons. The case is prosecuted by the Commonwealth’s Attorney and heard at the Fauquier County General District Court located at 6 Court Street in Warrenton. For those seeking a concealed carry violation lawyer Fauquier County, understanding the local process is critical. The court handles all misdemeanor trials, including weapons charges. If you are charged with a felony weapons offense, a preliminary hearing will be held in General District Court before the case potentially moves to Fauquier County Circuit Court for a jury trial.
- Arraignment: You will be formally advised of the charge and enter a plea of guilty, not guilty, or no contest.
- Pre-Trial Motions: Your attorney may file motions to suppress evidence or dismiss the charge if your rights were violated during the stop or arrest.
- Negotiation & Trial: Your lawyer will negotiate with the prosecutor for a reduction or dismissal. If no agreement is reached, the case proceeds to a bench trial before a judge.
- Sentencing or Appeal: If convicted, sentencing occurs. You have the right to appeal a guilty verdict to the Fauquier County Circuit Court for a new trial.
Penalties for Concealed Weapons Charges in Fauquier County
In Fauquier County, carrying a concealed weapon is a Class 1 misdemeanor carrying up to 12 months in jail, a fine of 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 right to possess firearms | Permanent criminal record; difficulty obtaining employment, housing, 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 right to possess firearms | Felony record; loss of voting rights; ineligibility for certain federal benefits |
| Carrying Concealed Weapon on School Property | Class 6 Felony | 1 to 5 years (mandatory minimum may apply) | Up to $2,500 | Loss of right to possess firearms | Enhanced penalties; mandatory minimum sentences possible |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Weapons Charge Defense
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our team includes former prosecutors and a former Virginia State Trooper, providing unique insight into how these cases are built and challenged. We have documented results across Virginia, including favorable outcomes in weapons-related matters. Our “Advocacy Without Borders” approach means we commit fully to protecting your rights and future.
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Case Results & Client Outcomes
Our firm has a documented record of achieving favorable results for clients facing serious charges. In one case, our team secured an amendment of a serious charge to a lesser offense. In another, we successfully argued for the suppression of evidence, skilled to a dismissal. Results may vary. Prior results do not guarantee a similar outcome. Our secondary attorney on complex criminal matters is Mr. Sris, the firm’s founder and a former prosecutor who personally amended Virginia’s equitable distribution statute and maintains a selective caseload for advanced strategy cases.
Concealed Weapon Defense Lawyer Near Fauquier County
Our Fairfax location is the primary office serving clients at the Fauquier County courts in Warrenton. We provide representation for individuals in Warrenton, New Baltimore, Bealeton, Marshall, and The Plains. 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032, United States
By appointment only.
FAQs: Concealed Weapon Charges in Fauquier County
What is the penalty for carrying a concealed weapon in Fauquier County?
It is a Class 1 misdemeanor. The penalty is up to 12 months in jail and a fine of up to $2,500. A conviction also results in the loss of your right to legally possess firearms.
Can I get a concealed weapons charge expunged in Virginia?
It depends. Under Va. Code § 19.2-392.2, expungement is generally available only if the charge was dismissed, you were found not guilty, or the prosecutor entered a nolle prosequi. A conviction for carrying a concealed weapon typically cannot be expunged.
Do I need a lawyer for a concealed weapon charge in Fauquier County?
Yes. The Commonwealth’s Attorney vigorously prosecutes these charges. A conviction carries jail time, fines, and long-term consequences. A weapons charge defense lawyer Fauquier County can challenge the legality of the stop, search, and arrest to protect your rights.
What’s the difference between a misdemeanor and felony concealed weapon charge?
A first offense is usually a Class 1 misdemeanor. A second or subsequent offense is a Class 6 felony, punishable by 1 to 5 years in prison. Carrying a concealed weapon on school property is also a felony.
If I have a permit from another state, is it valid in Virginia?
Virginia recognizes concealed handgun permits from many other states through reciprocity agreements. However, you must check the current reciprocity list maintained by the Virginia State Police. If your state’s permit is not recognized, carrying concealed is illegal.
Internal Resources: For more information on criminal defense, see our Virginia Criminal Defense Lawyer hub. We also assist clients in nearby jurisdictions like Fairfax County and with related issues such as DUI charges in Fauquier County.
Page Last verified: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific situation.