Concealed Firearm Defense Lawyer Arlington County, VA
A concealed firearm charge in Arlington County is prosecuted by the Commonwealth’s Attorney in either the Arlington County General District Court or the Arlington County Circuit Court. Carrying a concealed weapon without a valid permit is an offense under Va. Code § 18.2-308 and can result in jail time, substantial fines, and a lasting criminal record. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. defend individuals facing these charges. With extensive combined legal experience and a former Virginia State Trooper on the team, the firm works to protect your rights and pursue the most favorable resolution possible under the law. Results may vary. To discuss your case, reach our firm at (888) 437-7747.
What Concealed Firearm Defense Means in Arlington County
Virginia law makes it a crime to carry about one’s person a firearm or other prohibited weapon hidden from common observation. The offense is charged as a Class 1 misdemeanor for a first violation, which carries up to 12 months in jail and a fine of up to $2,500. A second or subsequent offense is a Class 6 felony, punishable by one to five years in prison, although a jury may impose a jail term of up to 12 months instead. The existence of a valid concealed handgun permit (CHP) issued under Va. Code § 18.2-308.02 is a complete defense to the charge, and the prosecution bears the burden of proving that the defendant did not have a valid permit at the time of the offense.
In Arlington County, misdemeanor concealed firearm cases are heard in the Arlington County General District Court at 1425 N. Courthouse Rd, Suite 2400. Felony cases, including repeat-offender concealed weapon charges, proceed in the Arlington County Circuit Court after a preliminary hearing in the General District Court. Under Virginia Supreme Court Rule 3A:8, plea agreements are permitted, and defense counsel may negotiate with the Commonwealth’s Attorney to seek a reduction or amendment of the charge — for example, to a non-criminal offense or a lesser traffic infraction. A thorough defense begins with a careful examination of the stop, the search, and the evidence of concealment.
How Mr. Sris and His Of Counsel Handle Concealed Firearm Defense Cases
Mr. Sris and his Of Counsel team approach each concealed firearm case by first scrutinizing the law enforcement encounter. The team includes an attorney who previously served as a Virginia State Trooper for 15 years, giving the firm firsthand insight into police procedures, investigative techniques, and enforcement tactics. This perspective helps identify procedural weaknesses — such as a stop without reasonable suspicion or a search that exceeded the scope of consent — and can form the basis for a motion to suppress evidence.
The firm also evaluates whether the element of concealment is satisfied under the statute. Virginia courts look at factors like whether the weapon was observable by others, whether it was in a container or a compartment, and whether the defendant was in a vehicle at the time. Where a valid permit existed but was not immediately presented, the firm works to establish the permit’s validity and extension. In negotiations with the Commonwealth’s Attorney, the goal is often an amendment to a non-criminal offense or a disposition that avoids a conviction and minimizes long-term consequences.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced criminal defense since founding the firm in 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), and he brings that depth of statutory understanding to his defense work. Mr. Sris and his Of Counsel bring extensive combined legal experience to each matter. Results may vary.
The firm’s Arlington location serves clients throughout the Arlington County area, including Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. Mr. Sris and his Of Counsel have documented favorable outcomes in criminal cases in the county, and they rely on a thorough, case-specific approach rather than a one-size-fits-all strategy. Reach our location at (888) 437-7747 to schedule a consultation.
Frequently Asked Questions
What is the penalty for carrying a concealed firearm without a permit in Arlington County?
A first offense of carrying a concealed weapon without a permit is a Class 1 misdemeanor, carrying up to 12 months in jail and a fine of up to $2,500. A second or subsequent offense is a Class 6 felony, with a potential sentence of one to five years in prison, though a jury may impose a lesser jail term. The court also considers whether the location of the offense was a prohibited area under Va. Code § 18.2-308.1, which can affect the classification and sentencing options.
What are common defenses to a concealed firearm charge in Virginia?
Common defenses include challenging whether the firearm was actually “concealed,” whether the defendant held a valid concealed handgun permit, and whether the search or seizure was lawful. The prosecution must prove that the weapon was hidden from common observation and that the defendant carried it on or about his person. A permit issued under § 18.2-308.02 is an affirmative defense. Additionally, if the police obtained the weapon through an unconstitutional stop or search, an experienced attorney may move to have the evidence excluded.
Can a concealed firearm charge be expunged from my record in Virginia?
Yes, a concealed firearm charge may be expunged under Va. Code § 19.2-392.2 if the case ends in an acquittal, a nolle prosequi, or a dismissal. Convictions generally cannot be expunged, though recent legislation has introduced sealing options for certain offenses. The petition is filed in the Arlington County Circuit Court. Because eligibility is fact‑specific, it is advisable to discuss your circumstances with counsel.
Do I need a lawyer for a concealed firearm charge in Arlington County?
Yes, because a conviction can result in jail time, fines, a permanent criminal record, and the loss of firearm rights. Even a first-offense misdemeanor is a serious matter that can affect employment, professional licenses, and immigration status. An attorney can evaluate the evidence, negotiate with the prosecutor, and ensure that your rights are protected throughout the process.
What should I do if I am stopped by police and have a concealed firearm?
Remain calm, keep your hands visible, and immediately inform the officer that you have a firearm. Do not reach for the weapon or make sudden movements. You have the right to remain silent; politely state that you wish to speak with an attorney before answering any questions about the firearm. Contact an experienced criminal defense lawyer as soon as possible to protect your interests.
Mr. Sris and his Of Counsel also represent clients in criminal defense matters in Fairfax County, Prince William County, Loudoun County, and Stafford County.
Additional primary‑source resources: the full text of Va. Code § 18.2-308 is maintained by the Virginia Division of Legislative Services; court docket and procedural information for Arlington County General District Court is available on Virginia’s Judicial System website; and legislative updates are tracked at the Virginia Legislative Information System.
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Case results depend on a variety of factors unique to each case.