Concealed Firearm Defense Lawyer in Virginia
Carrying a concealed firearm without a valid permit is a serious offense in Virginia, classified as a Class 1 misdemeanor under Va. Code § 18.2-308. This charge carries up to 12 months in jail and a $2,500 fine. As a Concealed Firearm Defense Lawyer Virginia, Law Offices Of SRIS, P.C.
Last verified: April 2026 | Virginia General District Courts | Virginia General Assembly
Virginia law strictly regulates the carrying of concealed weapons. A “concealed firearm” is any firearm hidden from common observation, whether on your person or in a vehicle. The primary statute, Va. Code § 18.2-308, makes it unlawful to carry such a weapon about your person, hidden from common observation, without a valid permit. A conviction creates a permanent criminal record and can result in the loss of your right to possess firearms. For official court information, refer to the Virginia Judicial System website.
Prosecutors in Virginia courts often seek maximum penalties for concealed weapon charges, especially in cases involving other alleged offenses. The key to a strong defense often lies in challenging the legality of the search that discovered the weapon or proving you had a valid permit that was not recognized. An experienced illegal concealed carry defense lawyer Virginia can identify these weaknesses in the prosecution’s case.
- Secure representation immediately after arrest or receiving a summons.
- Your attorney will file a motion for discovery to obtain all police reports and evidence.
- A suppression hearing may be filed to challenge the legality of the search and seizure.
- Your lawyer will negotiate with the Commonwealth’s Attorney, seeking dismissal or reduction of charges.
- If no favorable plea agreement is reached, your case will proceed to a bench or jury trial.
In Virginia, a concealed firearm violation is a Class 1 misdemeanor punishable by up to 12 months in jail, a fine of up to $2,500, and loss of firearm rights.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Carrying Concealed Weapon (First Offense) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Potential loss of concealed carry permit | Permanent criminal record; loss of right to possess firearms |
| Carrying Concealed Weapon (Subsequent Offense) | Class 6 Felony | 1 to 5 years, or up to 12 months | Up to $2,500 | Loss of concealed carry permit | Felony record; loss of firearm rights; ineligible for expungement |
Results may vary. Prior results do not guarantee a similar outcome.
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 “Advocacy Without Borders” philosophy means we provide a full and aggressive defense. Mr. Sris personally amended Virginia’s equitable distribution statute, demonstrating a deep understanding of state law and legislative process that benefits all our clients.
Bryan Block, Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. Former Virginia State Trooper (15 years). View Bryan Block’s Profile
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
Our firm has a documented record of favorable results in firearms cases. For example, we have successfully argued for the suppression of illegally obtained evidence, skilled to dismissals. In other cases, we have negotiated reductions from felony to misdemeanor charges. Results may vary. Prior results do not guarantee a similar outcome. Mr. Sris, the firm’s founder, provides strategic oversight on complex cases, ensuring every client benefits from our collective experience.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Fairfax location is centrally located to serve clients across Northern Virginia. As a concealed firearm defense lawyer near Virginia courthouses, we are accessible for meetings and court appearances. We serve communities throughout Fairfax, Arlington, Loudoun, and Prince William Counties. We offer 24/7 phone consultations—call (888) 437-7747—with meetings by appointment only.
FAQs About Concealed Firearm Charges in Virginia
What is the penalty for carrying a concealed weapon without a permit in Virginia?
It is a Class 1 misdemeanor, punishable by up to 12 months in jail and a $2,500 fine. A second offense is a Class 6 felony. You also face a permanent criminal record and loss of firearm rights.
Can I get a concealed firearm charge expunged in Virginia?
It depends. Expungement is generally only available if the charge is dismissed or you are found not guilty. A conviction for a concealed firearm violation, even as a misdemeanor, is not eligible for expungement under current Virginia law.
Do I need a lawyer for a concealed weapon charge?
Yes. The penalties are severe and the legal arguments, such as challenging the reason for a search, are complex. A firearms violation lawyer Virginia can protect your rights and work toward the best possible outcome.
What’s the difference between open carry and concealed carry in Virginia?
Virginia allows open carry of a handgun without a permit for those 18 and older who are eligible to possess a firearm. Concealed carry requires a permit issued by the circuit court. Carrying a hidden firearm without that permit is illegal.
If I have an out-of-state permit, can I carry concealed in Virginia?
Virginia recognizes concealed handgun permits from many other states. However, you must check the official reciprocity list. Relying on an invalid out-of-state permit is not a defense to a charge under Va. Code § 18.2-308.
For more information on related charges, see our pages on Virginia criminal defense or reckless driving defense in Fairfax. We also assist clients in Henrico County.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.