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 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.

Firearm Defense Attorney Consultation
Call 888-886-4127

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 [...]

Loss of Firearm Possession Rights After Federal Felony Conviction

Under current federal law, 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. [...]

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 [...]

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 [...]

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 [...]

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

Virginia Firearms Offenses Penalty Table Description of Offense Code Section Criminal Classification Maximum Imprisonment Maximum Fine Brandishing firearm Va. Code 18.2-282 Class 1 Misdemeanor 12 Months $2,500.00 Fine Brandishing near School Va. Code 18.2-282 Class 6 Felony 5 Years $2,500.00 Fine Reckless handling of firearm Va. Code 18.2-56.1 Class 1 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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

CRIMINAL DEFENSE ATTORNEY CASE RESULT ALEXANDRIA, VIRGINIA FEDERAL UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA: Federal Class A misdemeanor charge on the GW Parkway for unlawful carry of a concealed firearm and large quantity of additional ammunition (Va Code 18.2-308 incorporated into Federal law by 18 USC [...]

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 [...]

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. [...]

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 [...]

Carrying Concealed Weapon into Airport in Arlington VA

CRIMINAL DEFENSE ATTORNEY CASE RESULT IN ARLINGTON VIRGINIA: Not Guilty plea to a Class 1 Misdemeanor charge for Carrying a Weapon into the DCA Ronald Reagan Airport under VA Code 18.2-287.01 (a concealed carry permitted firearm that was forgotten in luggage) resulted in a fine and surrender of weapon, no [...]

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

CRIMINAL DEFENSE ATTORNEY CASE RESULT IN ARLINGTON VIRGINIA: Class 1 Misdemeanor charge for Carrying a Concealed Weapon While Intoxicated under VA Code 18.2-308, and a related Drunk in Public Charge (Va Law 18.2-388, Arlington Code 17-7) were both DROPPED for insufficient evidence. Arlington General District Court, 1425 N Courthouse, Arlington, [...]

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

FAIRFAX VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Misdemeanor Petit Larceny charge (VA Code 18.2-96), for larceny of a weapon at the Dulles Expo Center Gun Show in Chantilly Virginia, was DROPPED at the first hearing for insufficient evidence. Fairfax County General District Court: 4110 Chain Bridge Road, Fairfax, Virginia 22030. [...]

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

CRIMINAL DEFENSE ATTORNEY CASE RESULT IN THE ALEXANDRIA VIRGINIA FEDERAL UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA: Misdemeanor Charge under 32 CFR 234.10 for Possession of a Weapon (Pistol / Firearm) on the Pentagon Reservation was DISMISSED at the first hearing. Courthouse: United States District Court Eastern [...]

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

CRIMINAL DEFENSE ATTORNEY CASE RESULT IN ARLINGTON VIRGINIA: Class 1 Misdemeanor Carrying a Concealed Weapon – Brass Knuckles (VA Code 18.2-308 – “metal knucks”) was DROPPED at the first appearance. A related Larceny charge was AMENDED to Unlawful Entry, and the amended misdemeanor charge will be DISMISSED after a class [...]

Brandishing a Firearm in Alexandria Virginia During Argument REDUCED to Trespass

ALEXANDRIA, VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Misdemeanor charge for Brandishing a firearm, a concealed carry handgun, during an argument (VA code 18.2-282) was AMENDED and REDUCED to Trespass, with a penalty of credit for time served on the original arrest and relinquishing the weapon to the government. Concealed carry [...]

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

ALEXANDRIA VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Trial for Impersonating Law Enforcement Officer, Brandishing a Firearm (VA Code 18.2-282), and Driving on a Suspended License, resulted in a NOT GUILTY finding for the Impersonating Law Enforcement charge and the Driving on Suspended charge, and no active jail time for the [...]

Concealed Weapon Charge in Arlington VA AMENDED to Disorderly Conduct, Public Intoxication DROPPED

ARLINGTON, VIRGINIA: Class 1 misdemeanor charge for carrying a concealed weapon without a permit under VA Code 18.2-308 was AMENDED to a disorderly conduct charge with no active jail time, a fine, and weapon surrender. Client remains eligible to obtain concealed carry permit. Related Public Intoxication charge was DROPPED. Read [...]

Reckless Handling of a Firearm DISMISSED

ARLINGTON, VIRGINIA: Class 1 misdemeanor offense of Reckless Handling of a Firearm under VA Code 18.2-56.1 for an accidental discharge in an apartment building was DISMISSED. [...]

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

FAIRFAX COUNTY, VIRGINIA: Class 1 Misdemeanor charge for Brandishing a Firearm (VA Code 18.2-282) for pointing a handgun at another driver during a road rage incident resulted in no active jail time, no surrender of concealed carry permit, no surrender of weapon, and no fines! Read more about Weapons Law [...]

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 [...]

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

ATTORNEY CASE RESULT IN FAIRFAX COUNTY, VIRGINIA: Client was charged with Class 1 Misdemeanor Possession of Marijuana Second+ Offense (VA Code 18.2-250.1) and Class 1 Misdemeanor Carrying a Concealed Weapon – Brass Knuckles (VA Code 18.2-308 – “metal knucks”). The Possession charge was DROPPED, which means the client did not [...]

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

FAIRFAX COUNTY, VIRGINIA: VA Code 18.2-250.1 was charged for possession of drug paraphernalia, 8 film containers of marijuana, and possession of a handgun in the same bag. Possession charge will be DISMISSED in 6 months. Additional felony charges for firearm possession (18.2-308.4) and PWID Possession with Intent to Distribute (18.2-248, [...]

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

ARLINGTON, VIRGINIA: Class 1 misdemeanor offense of Reckless Handling of a Firearm under VA Code 18.2-56.1 will be DISMISSED conditioned on completing a gun safety course at the NRA and surrender of concealed carry permit for one year. [...]

Virginia Hunting Misdemeanor Charge REDUCED / Client Keeps Weapons & License

VIRGINIA: A class 2 hunting misdemeanor offense was REDUCED to a non-jailable class 4 offense with only a $100 fine. Client’s weapons were returned to him and he was able to keep his hunting license. Read more about Weapons Law here: Virginia Firearm & Weapon Charges and Hunting Laws: Defense [...]

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. [...]

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.

 

Criminal Defense Attorney

Written by an award-winning criminal defense attorney specializing in state and federal criminal law in the state and federal courts of Northern Virginia and Washington DC.

Best Lawyers in Virginia - Criminal Defense and DUI Law