Concealed Weapon Lawyer Fairfax, VA
If you are facing a charge for carrying a concealed weapon in Fairfax, Virginia, the consequences can alter your record, your firearm rights, and your future. Under Va. Code § 18.2-308, a first offense is a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500. A second offense is a Class 6 felony, and a third or subsequent offense is a Class 5 felony. The Commonwealth’s Attorney for Fairfax County or the City of Fairfax prosecutes these cases vigorously, and a conviction can result in a permanent criminal record that follows you for the rest of your life. Law Offices Of SRIS, P.C., founded in 1997, defends individuals charged with concealed weapon offenses before the Fairfax County General District Court, the Fairfax County Circuit Court, the Fairfax City General District Court, and the Fairfax City Circuit Court. Reach our Fairfax location at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What a Concealed Weapon Charge Means in Fairfax, Virginia
A concealed weapon charge in Fairfax is a serious criminal matter. The charge arises when a person carries a firearm or other prohibited weapon hidden from common observation without a valid concealed handgun permit. Law enforcement agencies throughout Fairfax County—including the Fairfax County Police Department and the Town of Vienna Police Department, among others—actively enforce Virginia’s concealed-carry laws. The Commonwealth’s Attorney for Fairfax County, a separate elected official, prosecutes all state-level criminal offenses occurring in the county’s geographic boundaries. For incidents within the independent City of Fairfax, the Commonwealth’s Attorney for Fairfax City handles the prosecution.
The procedural path depends on whether the case is classified as a misdemeanor or a felony. Misdemeanor concealed weapon charges are heard in the General District Court—either the Fairfax County General District Court at 4110 Chain Bridge Road, Suite 210, Fairfax, Virginia 22030, or the Fairfax City General District Court at 10455 Armstrong Street, Room 101, Fairfax, Virginia 22030. Felony charges proceed through a preliminary hearing in the same General District Courts, and if probable cause is found, the case is certified to the Circuit Court for trial. The Fairfax County Circuit Court and the Fairfax City Circuit Court have jurisdiction over all felony trials and any appeals from the lower courts.
Because conviction can strip you of the right to possess firearms and create a permanent criminal record, early legal counsel is critical. A qualified defense attorney can examine whether the search was lawful, whether the weapon meets the legal definition of a “concealed” firearm, and whether any statutory exceptions apply—such as carrying the weapon in a secured container or having a valid permit from another state recognized by Virginia.
A first-offense carrying-a-concealed-weapon charge is a Class 1 misdemeanor in Virginia, punishable by up to 12 months in jail and a fine of up to $2,500; a second offense is a Class 6 felony, and a third or subsequent offense is a Class 5 felony.
Source: Va. Code § 18.2-308. View statute
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
How Mr. Sris and His Of Counsel Handle Concealed Weapon Cases
Law Offices Of SRIS, P.C. approaches each concealed weapon case with a strategic, fact-intensive defense. Mr. Sris, a former prosecutor, understands how the Commonwealth builds its case and where a defense can expose weaknesses. His Of Counsel team—attorneys with extensive criminal litigation experience—analyze every stage of the proceeding, from the initial traffic stop or encounter to the evidentiary hearing or trial. The goal is to work toward a favorable outcome, whether that means a dismissal, a reduction of the charge, or an acquittal after trial. Results may vary.
The defense may challenge whether the officer had reasonable suspicion to stop or detain the individual, whether the search that revealed the weapon was constitutionally valid, or whether the item qualifies as a “weapon” under Virginia law. In some cases, the defense can demonstrate that the weapon was not actually concealed as defined by the statute—for example, if it was in a closed container or carried openly in a manner that did not violate the law. When a valid concealed handgun permit was in effect at the time of the alleged offense, that affirmative defense can result in a dismissal. If these arguments are not available, negotiations with the prosecutor may lead to a reduced charge, such as a non-criminal infraction or a deferred disposition under Virginia’s first-offender provisions, where eligible.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced criminal defense since 1997. A former prosecutor, he brings a firsthand understanding of prosecution strategies to every concealed weapon case he handles. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel team—engaged through Excella—brings over 120 years of combined legal experience between Mr. Sris and his Of Counsel. Results may vary.
Frequently Asked Questions
Do I need a lawyer for a concealed weapon charge in Fairfax, Virginia?
Yes, hiring an experienced criminal defense lawyer is strongly recommended because a concealed weapon conviction can result in jail time, a permanent criminal record, and loss of firearm rights. Even a first-offense misdemeanor carries a possible 12-month jail sentence and $2,500 fine. A conviction appears on criminal background checks and can affect employment, security clearances, and immigration status. A lawyer can challenge the legality of the stop and search, argue that the weapon was not “concealed” under Virginia law, or negotiate a charge reduction. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
What are the penalties for carrying a concealed weapon in Virginia?
A first-offense carrying-a-concealed-weapon charge is a Class 1 misdemeanor, punishable by up to 12 months in jail and a $2,500 fine. A second offense is a Class 6 felony, carrying up to five years in prison. A third or subsequent offense is a Class 5 felony, with up to 10 years in prison. In addition to the criminal penalty, a felony conviction results in the loss of the right to possess firearms under both state and federal law. The court may also require the surrender of any concealed handgun permit.
How can a lawyer defend against a concealed weapon charge?
A defense attorney can challenge the legality of the police stop, the search that uncovered the weapon, and whether the item qualifies as a weapon or was truly concealed. A valid concealed handgun permit is a complete defense. Other strategies include demonstrating that the weapon was in a closed container or openly carried in a manner consistent with the law. Where a dismissal is not possible, the attorney may negotiate for a reduced charge or, for eligible first offenders, a deferred disposition that allows the charge to be dismissed after successful completion of court-ordered conditions.
What should I do if I’m arrested for carrying a concealed weapon?
Remain silent beyond identifying yourself, ask to speak with an attorney, and do not discuss the facts with anyone except your lawyer. Do not consent to any search. Politely state, “I wish to remain silent and I want to speak with a lawyer.” Anything you say to law enforcement can be used against you. Contact an experienced criminal defense attorney immediately to protect your rights from the earliest stage of the case. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Where are concealed weapon cases heard in Fairfax?
Misdemeanor concealed weapon charges are tried in the Fairfax County General District Court or the Fairfax City General District Court, while felony charges are ultimately heard in the corresponding Circuit Court. The General District Court handles misdemeanor trials and felony preliminary hearings. If a felony charge is certified to the Circuit Court, a jury trial may be held. The Fairfax County courthouse is at 4110 Chain Bridge Road in Fairfax; the City courthouse is at 10455 Armstrong Street. Both courts are within the Nineteenth Judicial District of Virginia.
How does a concealed handgun permit affect the charge?
Possession of a valid concealed handgun permit at the time of the alleged offense is an affirmative defense that can lead to dismissal of the charge. Virginia recognizes permits from many other states through reciprocity, so an out-of-state permit may provide a defense. The permit must be current and the weapon must be carried in accordance with the permit’s terms. If the permit is produced and verified, the prosecutor may decline to proceed, and the court may dismiss the case outright.
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Case results depend on a variety of factors unique to each case.