Gun control is a major point of controversy in today’s society, especially in light of tragedies such as the Sandy Hook Elementary School massacre and others. Charges of illegal gun possession, or any firearms-related charges, are taken very seriously and have harsh penalties if convicted. Gun control is legislated at both federal and state levels so understanding your rights under both the state and federal laws is important.

While state gun control laws vary widely, Virginia gun laws prohibit the ownership of sawed-off shotguns, machine guns, and silencers as well as restricting who is permitted to own a gun in general. Also, in order to purchase a rifle or shotgun, the purchaser must be 18 years of age or older and at least 21 years of age or older to purchase a handgun. State police however only have one day in which to perform a criminal records check on any prospective gun buyer.

Virginia Gun Control Laws Include:

  • Illegal Firearms:
    • Sawed-off shotgun/rifle
    • Machine gun
    • Silencer
  • Age Restrictions:
    • Rifle/Shotgun: 18 years of age
    • Handgun: 21 years of age
  • Waiting period:
    • One day – state police have until the end of business of the next business day for a possible criminal records check to be performed by telephone.
  • Restrictions (who may not own):
    • Convicted felons or those subject to protective order
    • Minors
    • Aliens (non US citizens)
    • Legally incompetent, mentally incapacitated, involuntary committed, insanity-acquitted

While open carry is legal throughout the state of Virginia, there are restrictions in place on where you can carry a firearm as well, even with a conceal and carry permit. Knowing the laws and your rights in any situation is essential to avoid disastrous consequences.

Don’t wait till the last moment to talk to a defense attorney. The McClenney Law Group is here to help you know and understand your rights and help you in your defense. Call us today for a consultation.

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