Virginia criminal charge
Carrying concealed weapons in Virginia
Carrying concealed weapons is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-308. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-308.
What is the penalty for carrying concealed weapons in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (Carrying concealed weapon — first offense — A person carries about his person, hidden from common observation, any of the enumerated weapons or a weapon of like kind, for a first violation.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Carrying concealed weapon — first offense — A person carries about his person, hidden from common observation, any of the enumerated weapons or a weapon of like kind, for a first violation.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 5 years (Carrying concealed weapon — second offense — A second violation of this section, or a conviction under this section subsequent to a conviction under a substantially similar local ordinance.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Carrying concealed weapon — second offense — A second violation of this section, or a conviction under this section subsequent to a conviction under a substantially similar local ordinance.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 10 years (Carrying concealed weapon — third or subsequent offense — A third or subsequent violation of this section or of a substantially similar local ordinance.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(e))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Carrying concealed weapon — third or subsequent offense — A third or subsequent violation of this section or of a substantially similar local ordinance.; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is carrying concealed weapons classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Carrying concealed weapon — first offense | class 1 misdemeanor | A person carries about his person, hidden from common observation, any of the enumerated weapons or a weapon of like kind, for a first violation. | Va. Code Ann. § 18.2-308A |
| Carrying concealed weapon — second offense | class 6 felony | A second violation of this section, or a conviction under this section subsequent to a conviction under a substantially similar local ordinance. | Va. Code Ann. § 18.2-308A |
| Carrying concealed weapon — third or subsequent offense | class 5 felony | A third or subsequent violation of this section or of a substantially similar local ordinance. | Va. Code Ann. § 18.2-308A |
Common questions about carrying concealed weapons in Virginia
Is carrying concealed weapons a felony or a misdemeanor in Virginia?
It depends on the circumstances: carrying concealed weapons ranges from a class 1 misdemeanor to a class 5 felony in Virginia under Va. Code Ann. § 18.2-308.
Carrying concealed weapon — first offense: class 1 misdemeanor (Va. Code Ann. § 18.2-308A) · Carrying concealed weapon — second offense: class 6 felony (Va. Code Ann. § 18.2-308A) · Carrying concealed weapon — third or subsequent offense: class 5 felony (Va. Code Ann. § 18.2-308A)
What are the penalties for carrying concealed weapons in Virginia?
Which Virginia statute covers carrying concealed weapons?
Carrying concealed weapons is governed by Va. Code Ann. § 18.2-308 (Carrying concealed weapons; exceptions; penalty).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.