Virginia criminal charge
Purchase, possession, or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated in Virginia
Purchase, possession, or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated is a Class 1 Misdemeanor under Virginia criminal law, defined by Va. Code Ann. § 18.2-308.1:2. As a Class 1 Misdemeanor, it is punishable within the statutory sentencing range Virginia sets for that offense class. Virginia classifies offenses as Class 1 through Class 6 felonies and Class 1 through Class 4 misdemeanors (Va. Code Ann. § 18.2-9), with the standard punishment ranges set by §§ 18.2-10 and 18.2-11 — and a substantial number of offenses are unclassified, with the penalty stated in the defining section itself. Traffic infractions are not criminal offenses (§ 18.2-8).
Defined by Va. Code Ann. § 18.2-308.1:2.
What is the penalty for purchase, possession, or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (no statutory minimum) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
Applies to current.
Common questions about purchase, possession, or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated in Virginia
Is purchase, possession, or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated a felony or a misdemeanor in Virginia?
Purchase, possession, or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated is a class 1 misdemeanor in Virginia under Va. Code Ann. § 18.2-308.1:2.
What are the penalties for purchase, possession, or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated in Virginia?
As a class 1 misdemeanor, purchase, possession, or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated carries up to 12 months (no mandatory minimum) of incarceration and a fine of up to $2,500 (no mandatory minimum) under Va. Code Ann. § 18.2-11 (current).
Which Virginia statute covers purchase, possession, or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated?
Purchase, possession, or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated is governed by Va. Code Ann. § 18.2-308.1:2 (Purchase, possession, or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated; 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.