Navigating Firearms Ownership and Restraining Orders in Virginia
The intersection of firearms ownership and legal restrictions, such as restraining orders, is a complex and sensitive issue. In Virginia, the law addresses the possession of firearms by individuals subject to restraining orders. This article aims to explore whether you can face charges for owning a gun with a restraining order against you in Virginia, delving into the legal implications and potential consequences.
Virginia is known for protecting the Second Amendment rights of its residents, but it also recognizes the need to balance those rights with public safety considerations. Laws pertaining to firearms ownership in the context of restraining orders are outlined in the Code of Virginia.
Under Virginia Code Section 18.2-308.1:4, individuals subject to protective orders, commonly known as restraining orders, are prohibited from possessing firearms. This prohibition extends to both the purchase and possession of firearms for the duration of the protective order.
If you are subject to a restraining order in Virginia, owning or possessing a firearm during the period covered by the order can lead to serious legal consequences. Violating the prohibition on firearm possession outlined in a protective order is a criminal offense. Individuals found in violation may face charges and potential penalties, including fines and imprisonment.
The severity of the charges depends on the type of protective order issued. Violating a protective order is generally classified as a Class 1 misdemeanor, but if the violation involves the possession of a firearm, it may be elevated to a felony.
The duration of the restraining order determines the period during which the firearm possession prohibition applies. Violating the order during this time can result in legal consequences even if the firearm is legally owned.
If you are facing charges for owning a gun with a restraining order against you in Virginia, strategic defense is crucial. Several defense strategies may be employed depending on the circumstances:
- Lack of Knowledge: If the accused was unaware of the existence or terms of the protective order, a lack of knowledge defense may be viable. This defense hinges on proving that the accused did not knowingly violate the terms of the order.
- Incorrect Issuance of the Order: Challenging the validity of the protective order is another potential defense. If there are errors or inaccuracies in the issuance of the order, it may impact the charges brought against the accused.
- Compliance with Order: If the accused can demonstrate full compliance with the terms of the protective order, including the prohibition on firearm possession, it may serve as a defense against charges related to firearm possession.
If you find yourself facing charges for owning a gun with a restraining order against you in Virginia, seeking legal assistance is crucial. Our experienced criminal defense team at Wolf Law Center is here to help you navigate the complexities of Virginia’s firearm laws and provide guidance tailored to your specific situation.
