CARRYING A CONCEALED HANDGUN WHILE INTOXICATED

Virginia law criminalizes the carrying of a legally concealed handgun while under the influence of alcohol or drugs under Va Law 18.2-308.012. This is a Class 1 misdemeanor offense punished by up to a year in jail, a $2,500 fine, and revocation of a concealed handgun permit. Moreover, an offender remains ineligible to reapply for a concealed handgun permit for a period of 5 years following the conviction for this offense.

Va Law 18.2-308.012 makes the government’s job easier by allowing a conviction for a DUI under 18.2-266 or a Drunk in Public charge under 18.2-388 to serve as the basis for the Carrying While Intoxicated charge.


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This law, however, does permit for a defendant to rebut or argue against the government in his or her defense, even in the face of a conviction for the DUI and Drunk in Public charges.

Read more about Weapons Law here: Virginia Firearm & Weapon Charges and Hunting Laws: Defense Lawyer’s Explanation of Brandishing, Reckless Handling of a Firearm, and Hunting Offenses

Brandishing Firearm Charge to be DISMISSED in Arlington Virginia

Arlington, VA Criminal Defense Attorney Case Result: Class 1 Misdemeanor charge for Brandishing a Firearm during an argument, under Va Law 18.2-282, is scheduled to be DISMISSED conditioned on 12 months of no new violations of law and on the destruction of the firearm used during the altercation. Read more about Virginia [...]

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Federal Felony Charge 18 USC 922(g)(1) – Felon in Possession of a Firearm: Loss of Firearm Possession Rights After Felony Conviction

A federal felony conviction results in the permanent loss of firearm possession rights. Federal law does not distinguish between violent and nonviolent felony offenses. Thus, a federal conviction for any felony offense results in the permanent loss of firearm rights. Under federal law, the crime of Felon in Possession of [...]

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Brandishing a Firearm: Virginia Law 18.2-282 Penalties and Defenses

Virginia Law Explained: Brandishing Firearm, Va Law 18.2-282 Under Virginia law 18.2-282, it is a class 1 misdemeanor criminal offense to point, hold or brandish a firearm in such manner as to reasonably induce fear in the mind of another. The maximum penalty for brandishing a firearm in Virginia is 12 months [...]

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Assault with Firearm Charge DISMISSED After Conviction Overturned on Appeal in Fairfax County Circuit Court

Fairfax, Virginia Criminal Defense Attorney Case Result: Client was initially found guilty of Assault with a firearm in the Fairfax County General District Court and sentenced to 5 days in jail. On appeal to Circuit Court, the case was Dismissed after Defense filed 3 motions to dismiss. Client walked out [...]

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Virginia Concealed Carry Permit Restrictions for Criminal Convictions or Pending Criminal Charges

Virginia Concealed Carry Permit Restrictions Virginia concealed carry law precludes the grant of concealed carry permits to individuals who have been found guilty / convicted of certain criminal offenses and even with those who have certain pending (not yet finalized) criminal charges. Under VA law, the following persons are disqualified [...]

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Virginia Firearm & Weapon Charges and Hunting Laws: Defense Lawyer’s Explanation of Brandishing, Reckless Handling of a Firearm, and Hunting Offenses

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Reckless Handling of Firearm Charge DROPPED

ALEXANDRIA, VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT Class 1 Misdemeanor charge for Reckless Handling of a Firearm in Alexandria, Virginia resulted in DROPPED charges. Read more about Virginia firearm laws here: Virginia Firearm & Weapon Charges and Hunting Laws: Defense Lawyer’s Explanation of Brandishing, Reckless Handling of a Firearm, and [...]

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Possession of Firearm While Under the Influence of Alcohol and Driving

ALEXANDRIA, VIRGINIA Criminal Defense Attorney Case Result: A Class 1 misdemeanor charge for Carrying Firearm While Intoxicated (Va Law 18.2-308.012) was avoided with plea to related driving under the influence charge and minimum penalties under the law for the offense. Client was able to keep his concealed carry permit.  Alexandria [...]

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Virginia Assault with Firearm Charges DROPPED For Insufficient Evidence

FAIRFAX, VIRGINIA DEFENSE ATTORNEY CASE RESULT Misdemeanor charge for Assault and Battery On a Family or Household Member with a loaded firearm was DROPPED for insufficient evidence to prosecute. Read more about Fairfax criminal defense attorney Marina Medvin, who represented this client and achieved this result. Read more about Assault [...]

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Carrying Concealed Handgun While Intoxicated in Virginia, Class 1 Misdemeanor Va Code 18.2-308.012

CARRYING A CONCEALED HANDGUN WHILE INTOXICATED Virginia law criminalizes the carrying of a legally concealed handgun while under the influence of alcohol or drugs under Va Law 18.2-308.012. This is a Class 1 misdemeanor offense punished by up to a year in jail, a $2,500 fine, and revocation of a [...]

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Federal Misdemeanor Charge for Unlawful Carry of Concealed Firearm REDUCED to Citation & Fine

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Murder 1 REDUCED to Murder 2. Jury Trial resulted in 11 Year Jail sentence for Woman who called Police and said “I shot my husband.”

ALEXANDRIA, VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: VA Code 18.2-32 Murder 1 indictment (penalty of 20 to life) for woman who called the Police and said that she shot and killed her husband was REDUCED to Murder 2 (penalty of 5 to 40 years) after defense attorney’s motions to suppress [...]

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Misdemeanor Brandishing Firearm Charge in Arlington VA to be DISMISSED

ARLINGTON VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Misdemeanor Brandishing Firearm charges resulted in reduction of the charge to Simple Assault and agreed-upon DISMISSAL of the reduced charge after good behavior. Va Law § 18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty. [...]

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NOT GUILTY of Brandishing Firearm in Virginia in Self Defense

FAIRFAX VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Client was acquitted at trial and found NOT GUILTY of Brandishing a Firearm, the defense prevailing on theory of self defense. Va Law § 18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty. A. It [...]

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Carrying Concealed Weapon into Airport in Arlington VA

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Arlington VA Carrying Concealed Weapon While Intoxicated and Drunk in Public Both Charges DROPPED For Insufficient Evidence

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Fairfax VA Larceny Charge for Theft of Weapon DROPPED at First Hearing

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Possession of Weapon Charge DISMISSED in Alexandria Virginia Federal United States District Court

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Arlington Virginia Possession of Concealed Weapon Charge DROPPED & Larceny charge will be DISMISSED

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Brandishing a Firearm in Alexandria Virginia During Argument REDUCED to Trespass

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NOT GUILTY of Impersonating Police Officer, No Jail Time for Brandishing Firearm in Alexandria Virginia

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Pointing & Brandishing Firearm in Road-rage Results in NO JAIL Time in Fairfax Virginia

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Carrying Weapon in Airport Misdemeanor Trial Results in NO JAIL in Arlington Virginia

ARLINGTON, VIRGINIA: Trial for a class 1 misdemeanor offense of carrying a weapon in air carrier airport terminal under VA Code 18.2-287.01, in which our client was accused of bringing a loaded handgun into the DCA airport, resulted in no active jail time, a $250 fine and surrender of the [...]

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Possession of Marijuana DROPPED & Concealed Weapon Charge Results in NO JAIL Time in Fairfax VA

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Possession Charge for 8 Containers of Marijuana with Handgun will be DISMISSED in Fairfax VA

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Arlington Virginia Reckless Handling / Discharge of a Firearm Charge will be DISMISSED

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Virginia Hunting Misdemeanor Charge REDUCED / Client Keeps Weapons & License

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Charge DROPPED: Carrying Concealed Handgun Under the Influence of Alcohol in Fairfax VA

FAIRFAX VIRGINIA: VA Code 18.2-308, Class 1 Misdemeanor offense for carrying a concealed handgun while under the influence of alcohol in a public place was DROPPED with an informal agreement not to use the concealed carry permit for a period of 5 years. [...]

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Va Law § 18.2-308.012. Prohibited conduct – carryING a concealed handgun WHILE under the influence of alcohol or illegal drugs

A. Any person permitted to carry a concealed handgun who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place is guilty of a Class 1 misdemeanor. Conviction of any of the following offenses shall be prima facie evidence, subject to rebuttal, that the person is “under the influence” for purposes of this section: manslaughter in violation of § 18.2-36.1, maiming in violation of § 18.2-51.4, driving while intoxicated in violation of § 18.2-266, public intoxication in violation of § 18.2-388, or driving while intoxicated in violation of § 46.2-341.24. Upon such conviction that court shall revoke the person’s permit for a concealed handgun and promptly notify the issuing circuit court. A person convicted of a violation of this subsection shall be ineligible to apply for a concealed handgun permit for a period of five years.

B. No person who carries a concealed handgun onto the premises of any restaurant or club as defined in § 4.1-100 for which a license to sell and serve alcoholic beverages for on-premises consumption has been granted by the Virginia Alcoholic Beverage Control Board under Title 4.1 may consume an alcoholic beverage while on the premises. A person who carries a concealed handgun onto the premises of such a restaurant or club and consumes alcoholic beverages is guilty of a Class 2 misdemeanor. However, nothing in this subsection shall apply to a federal, state, or local law-enforcement officer.

 

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