The Virginia Drug Law Firm of Jurach, Tacey & Quitiquit handled serious Juvenile Drug charges in Hanover recently. Views: 1 . While every effort is made to keep all information Virginia Code Section 18.2-279 outlines the laws surrounding unlawfully . It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. 444, 579. Any person violating this section shall be guilty of a Class 1 misdemeanor. D. If any person whose license to hunt and trap, or whose privilege to hunt and trap while in possession of a firearm, has been revoked pursuant to this section, thereafter hunts or traps while in possession of a firearm, he shall be guilty of a Class 1 misdemeanor, and, in addition to any penalty imposed by the jury or the court trying the case without a jury, the trial judge may revoke such person's hunting or trapping license and privileges to hunt or trap while in possession of a firearm for a period of one year to life. 10-45. 1w"kv9 Thus, in jury trials, as opposed to bench trials, the fact that verdicts may, on their face, arguably appear inconsistent does not provide a basis to reverse either conviction on appeal, provided the evidence is sufficient to support each verdict. Tyler v. Commonwealth, 21 Va.App. A person who carries a concealed handgun onto the premises of such a restaurant or club and consumes alcoholic beverages is guilty of a Class 2 misdemeanor. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. [], FAIRFAX VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Client was acquitted at trial and found NOT GUILTY of Brandishing a Firearm, the defense prevailing on theory of self defense. A. Any person who handles any firearm in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony. A firearm is a deadly weapon without proof that it was operable or loaded. Email is the fastest way to reach us. Read more about Virginia firearm laws here: Virginia Firearm & Weapon Charges and Hunting Laws: Defense Lawyers Explanation of Brandishing, Reckless Handling of a Firearm, and [], ALEXANDRIA, VIRGINIA Criminal Defense Attorney Case Result: A Class 1 misdemeanor charge for Carrying Firearm While Intoxicated (Va Law 18.2-308.012) was avoided with plea to related driving under the influence charge and minimum penalties under the law for the offense. Va. Cellular LLC v. Va. Dep't of Taxation, 276 Va. 486, 490, 666 S.E.2d 374, 376 (2008) (quoting Chase v. DaimlerChrysler Corp., 266 Va. 544, 547, 587 S.E.2d 521, 522 (2003)). Forfeiture of weapons that are concealed, possessed, transported or carried in violation of law. 19.2-386.29. A1. Current with changes through Ch. . Get free summaries of new opinions delivered to your inbox! B. Lee was standing about twenty meters from appellant. [], VIRGINIA: A class 2 hunting misdemeanor offense was REDUCED to a non-jailable class 4 offense with only a $100 fine. D. If any person whose license to hunt and trap, or whose privilege to hunt and trap while in possession of a firearm, has been revoked pursuant to this section, thereafter hunts or traps while in possession of a firearm, he shall be guilty of a Class 1 misdemeanor, and, in addition to any penalty imposed by the jury or the court trying the case without a jury, the trial judge may revoke such persons hunting or trapping license and privileges to hunt or trap while in possession of a firearm for a period of one year to life. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. [], CRIMINAL DEFENSE ATTORNEY CASE RESULT IN THE ALEXANDRIA VIRGINIA FEDERAL UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA: Misdemeanor Charge under 32 CFR 234.10 for Possession of a Weapon (Pistol / Firearm) on the Pentagon Reservation was DISMISSED at the first hearing. (g) Notwithstanding the provisions of Subsections (a) through (f) of this Section, the following acts shall not be violations of this Section: (4) Shooting or discharge of any firearm by any law enforcement officer acting in the performance of the duties of a law enforcement agency. Height: 510. Click to read more! Call us to see if you are eligible for a free phone consultation with a criminal defense attorney. Va. Code 18.2-56.1. Revocation of license and privileges; penalties. Over the last few years our law firm decided to put an emphasis on working with clients who lost their rights to possess a firearm. 1 0 obj 3 0 obj Any person who handles any firearm in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony. We agree and reverse his conviction. The court may authorize the seizing law-enforcement agency to use the weapon for a period of time as specified in the order. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor. Concealed carry [], ALEXANDRIA VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Trial for Impersonating Law Enforcement Officer, Brandishing a Firearm (VA Code 18.2-282), and Driving on a Suspended License, resulted in a NOT GUILTY finding for the Impersonating Law Enforcement charge and the Driving on Suspended charge, and no active jail time for the [], ARLINGTON, VIRGINIA: Class 1 misdemeanor charge for carrying a concealed weapon without a permit under VA Code 18.2-308 was AMENDED to a disorderly conduct charge with no active jail time, a fine, and weapon surrender. The Department shall keep a list which shall be furnished upon request to any law-enforcement officer, the attorney for the Commonwealth or court in this Commonwealth, and such list shall contain the names and addresses of all persons whose license or privilege to hunt or trap while in possession of a firearm has been revoked and the court which took such action. Powered by The State Decoded Read [], ARLINGTON, VIRGINIA: Class 1 misdemeanor offense of Reckless Handling of a Firearm under VA Code 18.2-56.1 for an accidental discharge in an apartment building was DISMISSED. Any person violatingthis section shall be guilty of a Class 1 misdemeanor. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. (c) For purposes of this section, the term firearm means any weapon in which ammunition may be used or discharged, by explosion, or pneumatic pressure. A1. Any person violating this section shall be guilty of a Class 1 misdemeanor. Under Virginia law, when a person commits brandishing as defined by Va Code 18.2-282, while at the time assembled with one or more persons for the purpose of and with the intent to intimidate any person or group of persons, the penalty for the brandishing act is escalated to a class 5 felony. The victim of a crime can be intimidated as much by a revolver that does not fire bullets as by one that does . A. A handgun is defined as any pistol or revolver or other firearm originally designed, made and intended to fire single or multiple projectiles by means of an explosion of a combustible material from one or more barrels when held in one hand. {??(^G~z5t@B?+!o|z/?A Read this complete Virginia Code Title 18.2. By acquitting the defendant of violating Code 18.2308.2, when the defendant's status as a felon was undisputed and where he possessed an object resembling a firearm, the trial court as factfinder rejected the only interpretation of the facts which would allow an appellate court to conclude that the facts supported a conviction under Code 18.256.1(A). This law is violated by any form of reckless handling which endangers a person or property. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty. Such signs shall be placed where they can reasonably be seen. Reckless Handling of Firearms (Section 18.2-56.1) Any individual who (1) recklessly handles a firearm and thus (2) puts another person's health or person's property in danger is guilty of a Class 1 misdemeanor. VA Code 18.2-308 prohibits the concealed carry of any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack or any weapon of like kind. The first violation of this law is a Class 1 misdemeanor. Additional felony charges for firearm possession (18.2-308.4) and PWID Possession with Intent to Distribute (18.2-248, [], ARLINGTON, VIRGINIA: Class 1 misdemeanor offense of Reckless Handling of a Firearm under VA Code 18.2-56.1 will be DISMISSED conditioned on completing a gun safety course at the NRA and surrender of concealed carry permit for one year. (c) It shall be unlawful for any person to shoot or hunt with a firearm on any public school ground or any public park or on any area within 100 yards of any public school ground or public park. of Previous 18.2-55.1 Hazing of youth gang members unlawful; criminal liability; Next 18.2-56.1 Reckless handling of firearms; reckless handling while hunting; 18.2 Crimes And Offenses Generally; 4 Crimes Against The Person; 4 Assaults And Bodily Woundings 18.2-56 Hazing unlawful; civil and criminal liability; . At trial, plaintiff asked for jury instruction on negligence per se. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty. Further, VA Code Ann. explanation of Virginias self-defense law, Permit Required for Concealed Carry in Virginia, Virginia Department of Game and Inland Fisheries, Virginia Boating While Intoxicated, Recklessly Operating Boat & Watercraft Criminal Offenses, Carrying Concealed handgun while intoxicated, Discharging firearm in public causing injury, Possessing firearm with Drugs Schedule I or II, Reckless handling of firearms; reckless handling while hunting Va. Code 18.2-56.1, Carrying loaded firearms in public areas prohibited Va. Code 18.2-287.4, Discharging firearms or missiles within or at building or dwelling house Va. Code 18.2-279, Possession or transportation of certain firearms by persons under the age of 18 Va. Code 18.2-308.7, Pointing, holding, or brandishing firearm, air or gas-operated weapon or objects Va. Code 18.2-282, Personal protection; carrying concealed weapons without a Permit Va. Code 18.2-308, Receipt of / receiving stolen firearm Va. Code 18.2-108.1, Shooting at or throwing missiles, etc., at a train, car, vessel, etc. These laws are enforced by game wardens of the Virginia Department of Game and Inland Fisheries. Reckless handling of firearms; reckless handling while hunting. . Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Reckless handling of firearms; reckless handling while hunting. 19.2-386.28. All rights reserved. If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such persons hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. The court granted the motion with regard to Code 18.2308.2 but denied it for the charge under Code 18.256.1(A), and convicted appellant .1. 18.2-56.1. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such persons hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. Any person violating this section shall be guilty of a Class 1 misdemeanor. Please check official sources. Reckless handling of firearms; reckless handling while hunting. This is a Class 1 misdemeanor offense punished by up to a year in jail, a $2,500 fine, and revocation of a [], CRIMINAL DEFENSE ATTORNEY CASE RESULT ALEXANDRIA, VIRGINIA FEDERAL UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA: Federal Class A misdemeanor charge on the GW Parkway for unlawful carry of a concealed firearm and large quantity of additional ammunition (Va Code 18.2-308 incorporated into Federal law by 18 USC [], ALEXANDRIA, VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: VA Code 18.2-32 Murder 1 indictment (penalty of 20 to life) for woman who called the Police and said that she shot and killed her husband was REDUCED to Murder 2 (penalty of 5 to 40 years) after defense attorneys motions to suppress [], ARLINGTON VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Misdemeanor Brandishing Firearm charges resulted in reduction of the charge to Simple Assault and agreed-upon DISMISSAL of the reduced charge after good behavior. To be found guilty of the Felony the handling of the firearm must be in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of another person resulting in permanent and significant physical impairment. Arlington, VA Criminal Defense Attorney Case Result: Class 1 Misdemeanor charge for Brandishing a Firearmduring an argument, underVa Law 18.2-282, is scheduled to be DISMISSED conditioned on 12 months of no new violations of law and on the destruction of the firearm used during the altercation. The maximum penalty for brandishing a firearm in Virginia is 12 months [], Fairfax, Virginia Criminal Defense Attorney Case Result: Client was initially found guilty of Assault with a firearm in the Fairfax County General District Court and sentenced to 5 days in jail. AClass 1 misdemeanor offense is punishable by up to 1 year in jail and a $2500.00 fine. 18.2-282. Contact us. Read Section 18.2-56.1 - Reckless handling of firearms; reckless handling while hunting, Va. Code 18.2-56.1, see flags on bad law, and search Casetext's comprehensive legal database All State & Fed. If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such persons hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. B. endobj Brandishing a firearm near a school is elevated to a class 6 felony, punishable by up to five years in prison. A. Virginia Firearm & Weapon Charges and Hunting Laws: Defense Lawyers Explanation of Brandishing, Reckless Handling of a Firearm, and Hunting Offenses, Criminal Defense Lawyer for Firearms Offenses, Criminal Defense Lawyer in Arlington Virginia, Reckless Handling of a Firearm in Virginia, Felony Grand Larceny Charges in Fairfax County DROPPED at Preliminary Hearing. LEXIS 800 (Va.Ct.App. Belowyou can read the language of18.2-56.1. 2755953, 1996 Va.App. 54-172. Any person violating this section shall be guilty of a Class 1 misdemeanor. . x=r8?Q o5]r'e$[SyP,%%o %i*+ ;2O.K_z6~y'WrR/u6V''Wg~ H$Xj-? Virginia may have more current or accurate information. Client walked out [], Virginia Concealed Carry Permit Restrictions Virginia concealed carry law precludes the grant of concealed carry permits to individuals who have been found guilty / convicted of certain criminal offenses and even with those who have certain pending (not yet finalized) criminal charges. (6) Discharge of any firearm for the purpose of protecting any person from death or great bodily harm. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. 2800 N Parham Rd #201, Excluded from the 30-day limitation: (i) persons who have been issued a certificate by the Department of State Police under certain circumstances and with an enhanced background check, (ii) law-enforcement agencies and officers, (iii) state and local correctional facilities, (iv) licensed private security companies, (v) persons who hold a valid Virginia concealed handgun permit, (vi) persons whose handgun has been stolen or irretrievably lost or who are trading in a handgun, (vii) purchases of handguns in a private sale, and (viii) purchases of antique firearms. A1. Any person violating this section shall be guilty of a Class 1 misdemeanor. It shall be unlawful for any person to discharge or shoot off a firearm in the County. A1. The clerk of the court shall notify the Department of Game and Inland Fisheries as is provided in subsection C herein. code section ds hearing type 09:15 am bcs 5 cr21000179-01 porter, richard amon wiggins, kasia firearm: reckless handling m 18.2-56.1 c tryl 09:15 am bcs 5 cj22000019-00 *in re juvenile appeal pro se *in re juvenile appeal civil mot 10:00 am bcs 5 cr22000484-01 williams, kevin carlton freeman rosenberg, michael burglary night to comm felony f 18 . By contrast, the offense of possessing a firearm as a convicted felon under Code 18.2308.2 has no element of perception by a victim that would warrant applying the same broad construction to the term firearm in that statute as is applicable to the same term in Code 18.253.1. Id. Alexandria [], FAIRFAX, VIRGINIA DEFENSE ATTORNEY CASE RESULT Misdemeanor charge for Assault and Battery On a Family or Household Member with a loaded firearm was DROPPED for insufficient evidence to prosecute. Read more about Weapons Law here: Virginia Firearm & Weapon Charges and Hunting Laws: Defense Lawyers Explanation of Brandishing, Reckless Handling of a Firearm, and Hunting Offenses. Any person permitted to carry a concealed handgun who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place can be found guilty of a Class 1 misdemeanor under Va. Code 18.2-308.012. (b) It shall be unlawful for any person to hunt with a firearm any bird or game animal on or within 100 yards from any primary or secondary highway. The clerk of the court shall notify the Department of Game and Inland Fisheries as is provided in subsection C herein. Our Client-Focused Criminal Defense Team is prepared to represent you for your Firearm charge in courts throughout Northern Virginia. Ms. Medvin has represented numerous individuals in Alexandria, Fairfax, Arlington, Vienna, and Falls Church on various firearms charges. Hair Color: BROWN. provide legal advice. 1227(a) (2)(C) (firearms offense)7 If type of firearm is not included in federal definition (e.g. Any person convicted of an offense that would disqualify that person from obtaining a permit under 18.2-308.09 or who violates subsection C of 18.2-308.02 shall forfeit his permit for a concealed handgun and surrender it to the court. -fk$ASC>##j|LD1.Vem }_I$~ It shall be unlawful for any person in the Town to willfully fire or discharge any gun, pistol or other firearms except in a shooting gallery constructed and operated in accordance with the design criteria and specifications of the National Rifle Association as set forth in the NRA Range Source Book, and further, except where such firing or discharging is done with the written permission of the Town Manager and under the supervision of properly authorized Town personnel. The Department shall keep a list which shall be furnished upon request to any law-enforcement officer, the attorney for the Commonwealth or court in this Commonwealth, and such list shall contain the names and addresses of all persons whose license or privilege to hunt or trap while in possession of a firearm has been revoked and the court which took such action. Fairfax County General District Court: 4110 Chain Bridge Road, Fairfax, Virginia 22030. It shall be unlawful for any person who is hunting with a loaded firearm to traverse any public school ground or public park or to be within 100 yards from any such school ground or park. However, upon petition to the court and notice to the attorney for the Commonwealth, the court, upon good cause shown, shall return any such weapon to its lawful owner after conclusion of all relevant proceedings if such owner (i) did not know and had no reason to know of the conduct giving rise to the forfeiture and (ii) is not otherwise prohibited by law from possessing the weapon. If the violation is committed while hunting or trapping, the civil penalty of license revocation may also be imposed. In denying the first motion to strike, the trial court found that there existed a different standard for convictions under Code 18.2308.2 and 18.256.1. A. Upon arrival, it was determined the suspect allegedly discharged a firearm in his residence, causing damage to the interior of his home and an adjacent unit. 3. The clerk of the court shall notify the Department of Wildlife Resources as is provided in subsection C herein. In 2009, the Supreme Court of Virginia decided in the case of Thompson v. Commonwealth that it is insufficient as a matter of law to establish beyond a reasonable doubt that the butterfly knife at issue is of like kind to a dirk or any other weapon enumerated in Code 18.2-308(A). A. Lee testified that appellant had a handgun. SungIl Lee, the manager of Short's Grocery, observed a group of young men enter the store. A. 561, 570, 760 S.E.2d 132, 136 (2014).3. On appeal to Circuit Court, the case was Dismissed after Defense filed 3 motions to dismiss. A. Firearms may lawfully be discharged in those areas that are exempted in Appendix J to the Fairfax County Code so long as the firearms are discharged on a Parcel of Land that is posted with signs giving reasonable notice that firearms are in use on that Parcel of Land and that no trespassing is allowed. The Department shall keep a list which shall be furnished upon request to any law-enforcement officer, the attorney for the Commonwealth or court in this Commonwealth, and such list shall contain the names and addresses of all persons whose license or privilege to hunt or trap while in possession of a firearm has been revoked and the court which took such action. 2 0 obj Project. Virginia also regulates the transfer and record . B. Federal law does not distinguish between violent and nonviolent felony offenses. As an appellate court, [w]e may not substitute our judgment for that of the trier of fact, nor may we reweigh the evidence, because we have no authority to preside de novo over a second trial. Ervin v. Commonwealth, 57 Va.App. Any person who handles any firearm in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of . Any person violating this section shall be guilty of a Class 1 misdemeanor. He moved to strike the evidence. Sign up for our free summaries and get the latest delivered directly to you. The law states a person will be found guilty of a Class 1 misdemeanor ifany person, handle recklessly any firearm so as to endanger the life, limb or property of any person. [], Virginia Law Explained: Brandishing Firearm, Va Law 18.2-282 Under Virginia law 18.2-282, it is a class 1 misdemeanor criminal offense topoint, hold or brandish a firearmin such manner as to reasonably induce fear in the mind of another. You have the right to remain silent, and you should not talk to the police without the advice and presence of your lawyer. Upon receipt of such notice of a conviction, the court shall revoke the permit of a person disqualified pursuant to this subsection, and shall promptly notify the State Police and the person whose permit was revoked of the revocation. A good attorney can argue to the judge the one definition of reckless should be accepted over another, but as an initial . 1977, c. 194; 1985, c. 182; 1991, c. 384; 2010, c. 183; 2011, c. 684; 2014, cc. Indiana Petition for Waiver of Reinstatement Fee, Alabama Code > Title 13A > Chapter 6 - Offenses Involving Danger to the Person, California Codes > Penal Code > Part 1 > Title 8 - OF CRIMES AGAINST THE PERSON, Connecticut General Statutes > Chapter 939 - Offenses Against the Person, Florida Statutes > Chapter 784 - Assault; Battery; Culpable Negligence, Illinois Compiled Statutes > Chapter 720 > Offenses Against Persons, Indiana Code > Title 35 > Article 42 - Offenses Against the Person, Kentucky Statutes > Chapter 437 - Offenses Against Public Peace -- Conspiracies, Missouri Laws > Chapter 565 - Offenses Against the Person, New York Laws > Penal > Part 3 > Title H - Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation, North Carolina General Statutes > Chapter 14 > Article 35 - Offenses Against the Public Peace, South Carolina Code > Title 16 > Chapter 3 - Offenses Against the Person, Tennessee Code > Title 39 > Chapter 13 - Offenses Against Person, Texas Penal Code > Title 5 - Offenses Against the Person, Virginia Code > Title 18.2 > Chapter 4 - Crimes Against the Person, Wisconsin Statutes > Chapter 940 - Crimes against life and bodily security. D. Nothing in this section shall be construed to prohibit the use of firearms or other instruments ormissiles or compound bows, crossbows, longbows, or recurve bows in lawful self defense or in the lawful defense ofproperty, or to prohibit the use of firearms or other missiles or compound bows, crossbows, longbows, or recurvebows in supervised sport, recreation, or training conducted on safety-inspected and approved ranges and courses,provided the same is not contrary to existing law. Firearms, Missiles, Etc. The Supreme Court explained the legislative intent animating the statute that prohibits the use of a firearm during the commission of a felony: The purpose is [not only] to deter violent criminal conduct but also to discourage criminal conduct that produces fear of physical harm. This law appears specifically targeted towards this group. Click below to generate an email in your email client. (b) A person convicted under paragraph (a), clause (1), may be sentenced . As a general proposition, an inoperable firearm will not endanger the life, limb, or property of another. He did not see a gun fire. Lee could not see if any of the other men were carrying guns. Section 18.2-56.1 (A). The Department shall keep a list which shall be furnished upon request to any law-enforcement officer, the attorney for the Commonwealth or court in this Commonwealth, and such list shall contain the names and addresses of all persons whose license or privilege to hunt or trap while in possession of a firearm has been revoked and the court which took such action. For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapons true nature. Client remains eligible to obtain concealed carry permit. Ms. Medvin is an avid supporter of the Second Amendment and the right to self-defense. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Reckless handling of firearms; reckless handling while hunting. 4 0 obj (5) Discharge of any firearm in an entirely indoor target range, provided that adequate provisions are made to retain within the structure all projectiles discharged. (b) This section shall not apply to persons who are exempt from Code of Virginia, 18.2-308(A).
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