Wherever you go, you need to follow the law. There are rules and regulations in every state which you need to follow. One of the important issues that you should know is possession or use of a firearm. Many people do not know the laws. When the state charges them with a penalty, they come to know it is a crime. One such crime is using a firearm while in the commission of a felony. Many people live in VA, who do not know that using a firearm in commission is also a crime. They may face felony charges if they use a firearm while they are in commission of a felony. It is a crime and is punishable by a term in jail. The person or an offender commits this crime if he uses a firearm for committing a felony.
The statute
According to the laws in VA, it is unlawful for the person to use a firearm to commit a felony. It is unlawful to use a pistol, shotgun, rifle, or even display a firearm while committing a felony. The felony, in this case, can be murder, rape, sexual assault, burglary, carjacking, etc.
Proof of using firearm in commission of a felony
If the Commonwealth alleges someone with this crime, they should prove it. The Commonwealth has to prove that the offender used the firearm to commit a felony. Using a firearm or even displaying it is a crime. The firearm may pose a threat to the other person; it is why posing the firearm is also a crime. A firearm is an object which a person can use to expel a projectile which can hurt the other person. If an item has an appearance of a firearm, it is also a firearm.
Commission of a felony means that the person uses a firearm while committing a felony such as murder, rape, harassment, etc. He will also face similar charges if he is committing a crime such as wounding, abduction, sexual penetration, burglary, etc. No matter why the offender uses the forearm, he will face the charges for the use of a firearm in the commission of a felony.
Penalties
There use of a firearm while committing a felony is a crime. It is punishable by a term in jail. The punishment is different in every state. In VA, a person who commits this crime will go to jail for three years. If the state convicts the person of a second offense, he will go to jail for a mandatory two years of five years. The punishment depends on the discretion of the judge. You should also understand that this punishment is separate. A person who is already a felon and facing charges uses a firearm will have this penalty as an addition. It means that the person who uses a firearm which is already a felon will face two punishments. You can plead not guilty in the court. For that, you need a lawyer.