Weapons Possession: A Brief Overview
In 2007, Virginia had some of the most permissive weapons possession laws in the country. Then, a deranged student at Virginia Tech shot and killed twenty-three people. Largely in response to this tragedy, lawmakers began cracking down on illegal gun possession. Today, in 2025, Virginia has some of the most restrictive weapons possession laws in the country. The penalties are harsher and the cases are easier to prove.
In 2005, many illegal weapons possession defendants partnered with attorneys almost as an afterthought. In 2025, a Leesburg criminal defense lawyer should be involved in these cases before they even officially go to court. Since these cases are easier to prove, a lawyer needs more time to develop an effective defense. Perhaps more importantly, since the penalties are harsher, the stakes are much higher.
Jail Release
An effective defense in any criminal case, including weapons possession, begins with immediate jail release. Prompt jail release ensures that a Leesburg criminal defense lawyer has time to develop a defense. Prompt jail release also removes the temptation for defendants to accept unfavorable plea bargain agreements so they can “get it over with.”
Weapons possession is a nonviolent crime. If the charge is a misdemeanor, and the defendant has no criminal record, OR (own recognizance) release is usually available. If the state files a felony charge or the defendant has a criminal record, other options, such as a bail bond policy or cash bond payment, are usually available.
If these other options aren’t available, for whatever reason, a Leesburg criminal defense lawyer usually schedules a bail hearing. At that healing, the Eighth Amendment requires the judge to set a reasonable amount of bail. Several factors, such as the defendant’s ability to pay and ties to the community, come into play.
Pretrial Matters
In an illegal weapons possession case, or any other possession case, the pretrial process usually focuses on the three legal elements of criminal possession. The state must prove each element beyond any reasonable doubt.
- Close Proximity: This element is often straightforward in vehicle possession cases. Any item in the passenger area, including a pickup’s bed or car’s trunk, is within close proximity to any occupant. Building possession cases are less straightforward. Usually, a gun in the garage isn’t close enough to a defendant in the bedroom.
- Actual Knowledge: Similarly, this element comes into pay in many cases. If a gun is hidden in a car, perhaps under a seat, the defendant may not know it was there. In fact, at home or in a car, a defendant could literally be sitting on a gun and not legally possess that weapon.
- Exclusive Control: This element is related to close proximity. If the defendant is close enough to the illegal weapon, and no one stands between the defendant and the weapon, s/he probably has exclusive control over it. But if the gun is in a locked room or glove compartment, this element is almost impossible to establish.
Various procedural and affirmative defenses may be available as well. Usually, officers must have valid search warrants before they enter private property or search vehicles. Self-defense may be one of the most common affirmative defenses in these cases. When pushed into a corner, many people feel they need guns to defend themselves.
Resolving a Case
About 95 percent of weapons possession cases settle out of court. The percentage of defendants who receive probation is almost as high. As a rule of thumb, the more successful the pretrial process is, the shorter the probation term is, and the less restrictive the conditions are.
Work With a Diligent Loudoun County Lawyer
There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Convenient payment plans are available.
Source:
bestcolleges.com/research/college-shootings-statistics/
