Possession of Prohibited Weapons in Mecklenburg County
While the state of Virginia has fairly lax laws regarding many types of weapons, particularly firearms, there are still some that are prohibited or restricted in Mecklenburg County. Additionally, any weapon that is federally banned is unlawful to possess or use. Possession of prohibited weapons in Mecklenburg County could lead to serious firearms charges. If you have been charged with possessing an illegal weapon, a skilled gun lawyer may be able to fight on your behalf.
What Weapons are Prohibited
In Mecklenburg County, there are not really many weapons that are illegal to own apart from those federally prohibited such as firearms without serial numbers, most types of explosives (without a Class III FFL), and sawed-off shotguns. There are certain other weapons that are prohibited under Virginia statute, and the best way to determine if your weapon is illegal is to hire and consult with a Mecklenburg County gun lawyer.
The most common way charges for possession of prohibited weapons occurs in Mecklenburg County is when an individual conceals an otherwise legal weapon. There are no restrictions about the type of knives Mecklenburg residents can own, or even carry openly. However, if they are caught concealing a dirk, switchblade, bowie knife, nunchucks, a blackjack/cosh, or brass knuckles, they may be charged with illegal possession and concealment. These charges commonly occur when an individual encounters law enforcement during a traffic stop or investigation.
Weapons are usually found if the officer suspects there may be a violation and executes a search. Just like many knives or blunt weapons, carrying a concealed pistol without a concealed carry license would also be a weapons violation. Illegal weapons charges rarely stand alone, they are usually an enhancing charge on top of another issue. If there is any uncertainty about the legality of carrying a particular weapon, it may be wise to call an attorney to be certain.
The Prosecution’s Burden of Proof
When prosecuting a prohibited weapons charge in Mecklenburg County, the state must prove:
- The accused’s identity
- That the weapon was illegal to own or conceal
- The defendant was in actual or constructive possession of the weapon
Somebody can be charged with possession, and even convicted of a possession crime if they are able to exert dominion or control over the weapon and are aware of the nature of the weapon. Even if the individual is not carrying or holding the weapon if they knew the weapon was there, were aware of its legal status, and could have grabbed it at some point, they may still be charged with possession. Possessing a prohibited dangerous weapon is a felony which may garner up to five years incarceration.
If a person commits an assault or other crime with the weapon, they will likely face other, more extensive, charges. Depending on the severity of the other charge, maximum penalties could range from five to 20 years in prison. In some extreme circumstances, those in possession of prohibited dangerous weapons may be sentenced to life in prison.
How a Mecklenburg County Gun Lawyer Could Help
If you are accused of possessing a prohibited dangerous weapon in Mecklenburg County, you are facing a very serious charge, but an attorney may be able to help. A local criminal defense attorney could help you build a strong defense for your possession of prohibited weapons in Mecklenburg County charges and represent you in court. A lawyer could also potentially prevent violations by clarifying the law. If you have questions about prohibited weapons in Virginia or have been charged with possession, call an attorney today to schedule a consultation.