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Selling or giving toy firearms: It is against the law to sell, barter, exchange, furnish, or dispose of by purchase, gift, or in any other manner any toy gun, pistol, rifle, or other toy firearm, if the toy discharges blanks or ball charges by means of powder or other explosive. If you violate this law, you are guilty of a Class 4 misdemeanor. (Va. Code § 18.2-284)

Possession and discharge of firearms by minors: If you are under the age of fifteen (15) years, it is illegal for you to possess or use any firearm, shotgun, spring or air propelled rifle or pistol unless under the immediate supervision of an adult. If you violate this Virginia Beach code section, you are guilty of a Class 4 misdemeanor. (Va. Beach City Code § 38-4)

Since your son is over the age of fifteen, it is not illegal for him to possess the potato gun. However, he could find himself in serious trouble if he uses the gun within the prohibited boundaries of Virginia Beach, in public, near or on school property, or if he hurts someone using the gun. Therefore, I think you did the right thing in taking the gun away from your son. The gun will only lead to unnecessary problems for you and your family.

DISCLAIMER: David A. Cardon is an attorney at the Virginia Beach office of Cardon and Goodman, P.C. who concentrates his legal practice in traffic, criminal, and personal injury law. Mr. Cardon provides the materials contained above as a public service and on an informational basis only. These materials are not intended to be a comprehensive statement of Virginia law, and are not intended to convey legal advice. If you have a legal problem, you should consult with an attorney in your area who can investigate the particular circumstances of your situation. You can contact David Cardon, Esquire at (757) 306-9060 or dcardon@cglawfirm.net.

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