Legal Question in Criminal Law in Virginia

Carrying a BB gun through town at night. Felony?

I was traveling from my house to a friends house across town at 1am to play airsoft in his backyard. On the way over a cop showed up and I paniced an started running home. I was caught and immediately put down the airsoft gun and did as I was told. They wrote me up for trespassing and confiscated my gun. They said it was evidance for further charges. How long do they have to get me for further charges and what can they get me with? They are trying for a felony charge. The airsoft gun looked very real. Please help!


Asked on 4/24/02, 1:58 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Carrying a BB gun through town at night. Felony?

You don't say how old you are but I assume you're under age 18, and, therefore, a minor. You ,also, don't indicate where you were supposedly tresspassing.

I would not worry about picking up a gun charge

based upon the fact scenario which you have provided--even in small-town Virginia where boys

commonly carry BB guns around---a gun charge based upon these facts would not standup.

Whenever the tresspass case is disposed of,

at that time one of your parents should request the return of the BB gun.

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Answered on 4/24/02, 1:36 pm


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