Disarming allegedly dangerous people will be permitted in Virginia against Second Amendment arguments, says Fairfax criminal lawyer

Disarming allegedly dangerous people is the keyphrase for commonwealth legislators and Virginia prosecutors to use in claiming that a law or prosecution prohibiting or penalizing firearm possession or use passes Constitutional muster with the Second Amendment. That is the takeaway of me as a Fairfax criminal lawyer from the Virginia Court of Appeals’ decision in Watkins v. Commonwealth of Virginia, ___ Va. App.  ___ (Jan. 28, 2025). Watkins categorically dismisses Second Amendment claims against prosecutions for those with drug convictions to possess firearms in relation with unlawfully possessing or trafficking  drugs / controlled substances, nor to posess handguns nor other firearms at all in violation of the laws against convicted felons (unlawful possession of any Schedule I or II drug is a felony) possessing such weapons, in violation of such laws.  firearms prosecutions and bans not only against drug addicts. The latter exception to Second Amendment protection is not limited to drug addict.

Watch out what happens with your Virginia felony conviction or illegal drug use when it comes to your weapons rights

The Watkins disarming case follows on the heels of Ginevan v. Commonwealth of Virginia, ___ Va. App. ___, 2024 WL 5126890 (Dec. 17 2024),  which declines to apply Second Amendment protection for those convicted of violent felonies, even in the light of the breakthrough Second Amendment-protecting NYS Rifle & Pistol Assoc., et al., v. Bruen, et al., 597 U.S. 1 (2022). In Watkins, police arrived to a home in response to a call of possible domestic violence. Police learned that Watkins — who had a burglary conviction and admitted to being a cocaine user — kept hold of a firearm that he had disarmed from his significant other and kept hold of, thus depriving him of a necessity defense. Watkins’s significance beyond what is discussed above is (1) the breadth of the definition of violent felony convictions that deprive one of Second Amendment defenses in Virginia (including burglary) and (2) the declining to provide Second Amendment protection to any illegal drug user other than if the person has a marijuana conviction for behavior that would no longer be unlawful now that Virginia law legalizes personal possession and use of significant amounts of pot.

Disarming allegedly dangerous people is not the only goal of firearms control laws, but punishment as well, which is often very harsh

Virginia criminal law is much less about rehabilitation and much more about punishment, including the harsh mandatory minimum prison sentences that come from possessing firearms in relation to illegal drug posession or trafficking, and the harsh sentences that come from being an applicable felony in possession of a handgun or other firearm. Consequently, this talk in Watkins about disarming allegedly dangerous people does not sufficiently acknowledge the extent to which such laws are more about punishment than about really deterring or taking away weapons from people.

What do I do if prosecuted for an alleged firearm felony

Virginia felony laws have no kid gloves, nor should you (so long as you remain in the bounds of the law with your defense)  in fully defending yourself against the criminal disarming statutes nor any other crime in Virginia. Make sure that the Virginia criminal lawyer you hire is going to fully, effectively, and spiritedly defend you. Dig deep in asking your potential criminal defense attorney the questions that you need to ask, and independently check out that lawyer. This is your life and liberty that we are talking about. Find out about any hesitation or discomfort that your potential criminal defense lawyer has about defending you, working with you, or defending against the case you are accused of. Find out how sharp is your lawyer’s focus, intellect, and common sense, and your lawyer’s experience successfully handling trials and not only negotiating cases (both skills are essential).

One of Fairfax criminal lawyer Jonathan Katz’s favorite films is The Gladiator with Russell Crowe, because Virginia criminal lawyers also are often dealing with laws, rules and procedures that are not written for the benefit of criminal defendants nor their lawyers. Virginia criminal defense in so many ways is like the law of the jungle. Jon Katz accepts that challenge, because criminal defendants deserve his effective, devoted and tireless fight on their behalf. Don’t let the Virginia disarming statutes nor any other part of the law disarm your ability to fully defend yourself. Call 703-383-1100, email Info@KatzJustice.com or text 571-406-7268 to schedule your free in-person confidential consultation with Jon about your court-pending Virginia prosecution.