Unlawful Discharge of a Firearm in Dumfries - Virginia Criminal Lawyer As a society, we recognize the potential harm that firearms can cause. Section 18.2-308.1:1(A). This section has three levels of varying penalties depending on whether the firearm possessed by the accused is merely owned by the accused, is present on the accuseds person, or is used or displayed as part of the drug-related offense. A firearm is considered a deadly weapon in Virginia. Reckless Handling of a Firearm: Va. Code 18.2-56.1 - The Law Office Of The Leesburg weapons offenses lawyers at Simms Showers LLP have widespread experience defending against various criminal charges in Virginia, including reckless handling of firearms. Universal Citation: VA Code 18.2-56.1 (2020) A. Steve Duckett, Attorney at Law If an individual is (1) illegally (2) in possession of a Schedule I or II controlled substance and (3) simultaneously (4) intentionally (5) possesses a firearm (6) on or about the individuals person, then the individual is also guilty of this Class 6 felony with an enhanced penalty. To any person in the persons home or the persons place of business; To any person with a valid concealed handgun permit; To any person transporting a weapon to or from home/business and the place where the person purchased or had repairs done to the weapon if the weapon is unloaded and secured; To any person who is hunting when the weather causes the person to conceal the weapon in order to protect the weapon from the weather conditions; To any person going to or from a training location while the gun is secured and unloaded; Any person part of a weapons collecting organization who is at or going to or from a weapons exhibition if the weapons are unloaded and securely wrapped; Retired law enforcement officers, campus police officers, and other retired officers provided they have a favorable review of the need to carry a concealed handgun issued by the chief law enforcement officer of the agency from which the officer retired; or. Moreover, the individuals firearm, gun part, or ammunition will be subject to permanent confiscation and will be disposed of by the authorities. D. If any person willfully discharges or causes to be discharged any firearm upon any public property within 1,000 feet of the property line of any public, private or religious elementary, middle or high school property he shall be guilty of a Class 4 felony, unless he is engaged in lawful hunting. In the event of the death of any person, resulting from such malicious shooting or throwing, the person so offending is guilty of murder in the second degree. If an individual (1) illegally possesses or uses an automatic weapon (2) for an offensive or aggressive purpose, the individual is guilty of a Class 4 felony. US District Judge Claude Hilton on Friday ordered that US agents, servants, and employees are released from liability claims regarding Ghaisars death upon payment of the aforesaid settlement funds.. Section 18.2-11(a). A. Almost every one of these sections does not apply to law enforcement officers while performing their official duties, nor to individuals acting in excusable and justifiable self-defense. Section 18.2-10(d). Assault with a firearm in Virginia (Va. Code18.2-282) is pointing, holding or brandishing a firearm at another person or in public in a way that causes fear of bodily harm. It does not appear that the Ashburn intended to cause any harm. B. Any person violating this section shall be guilty of a Class 1 misdemeanor. Section 18.2-279. In the state of Virginia, it is legal to carry certain weapons openly in public places in many areas of the state. A 24-year-old man from Ashburn, Virginia, now faces criminal charges for the weapon crime of reckless handling of a firearm, according to an article by the Loudoun Times-Mirror. Section 18.2-308.5. An individual violates this section and commits a Class 1 misdemeanor if the individual (1) possesses or transports a firearm, a gun part, or ammunition (2) into an airport terminal in Virginia. Any person violating this section shall be guilty of a Class 1 misdemeanor. Virginia may have more current or accurate information. Lastly, if an individual discharges a firearm within a school building or at a school building, whether occupied by another person or not, then the individual is guilty of a Class 4 felony. The Loudoun County Sheriff's Office responded to this incident on September 9th in Hamilton. Most crimes cannot be proven merely by committing the act known asactus reus but also require proof of criminal intent, known asmens rea.