Firearm by Felon Lawyer Arlington County — What Are Your Defense Options?
Possession of a firearm by a convicted felon is a serious felony under Va. Code § 18.2-308.2, carrying a mandatory minimum sentence in Arlington County. As a firearm by felon lawyer Arlington County, Law Offices Of SRIS, P.C. provides a strong defense for prohibited persons. Our Arlington location has handled numerous prohibited person gun charges. We offer 24/7 consultations.
Last verified: April 2026 | Arlington County General District Court | Virginia General Assembly
Virginia Law on Firearm Possession by a Prohibited Person
Virginia Code § 18.2-308.2 makes it a felony for any person who has been convicted of a felony to knowingly possess, transport, or carry any firearm. This statute applies strictly, and prosecutors in Arlington County pursue these charges aggressively. The law defines “firearm” broadly, and the prohibition is lifelong unless your civil rights are formally restored. A conviction carries severe penalties, including a mandatory minimum prison sentence and the permanent loss of your right to own a firearm. A felon with firearm defense lawyer Arlington County can challenge the evidence, the knowledge element, or the legality of the search that led to the discovery of the weapon.
Official Legal Resources
For the full text of the law, see Va. Code § 18.2-308.2 (official Virginia General Assembly). Court procedures for felony charges are handled at the Arlington County Circuit Court.
Defending a Prohibited Person Gun Charge in Arlington
Arlington County prosecutors treat firearm possession by a felon as a high-priority offense. The case typically begins in General District Court for a preliminary hearing before moving to Circuit Court for trial. A key local procedural fact is that the Commonwealth must prove you both possessed the firearm and knew you were a convicted felon at the time. Defenses often focus on challenging the legality of the police stop or search under the Fourth Amendment. If evidence was obtained illegally, a motion to suppress can lead to the charge being dismissed.
- Secure immediate legal representation after arrest or upon learning of the investigation.
- Your attorney will file for discovery to obtain all police reports, lab reports, and evidence.
- A motion to suppress evidence may be filed if the search or seizure violated your rights.
- Your lawyer will negotiate with the Commonwealth’s Attorney, potentially for a reduced charge or favorable plea agreement.
- If no agreement is reached, your attorney will prepare for a jury trial in Arlington County Circuit Court.
Potential Penalties for a Firearm by Felon Conviction
In Arlington County, possession of a firearm by a convicted felon is a Class 6 felony, punishable by a mandatory minimum of two years in prison and a maximum of five years.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Firearm by Convicted Felon (Va. Code § 18.2-308.2) | Class 6 Felony | Mandatory minimum 2 years; up to 5 years | Up to $2,500 | N/A | Permanent felony record; loss of firearm rights; possible federal charges |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Arlington County Gun Charges
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. We understand the severe implications of a felony gun charge and the specific dynamics of the Arlington County court system. Our approach is to meticulously examine every detail of the prosecution’s case, from the initial police contact to the chain of custody of the alleged firearm.
Bryan Block, Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. Former Virginia State Trooper (15 years). View Bryan Block’s Profile
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Case Results for Firearm and Weapon Charges
Our firm has a documented record of achieving favorable outcomes in criminal cases. In Arlington County, we have secured dismissals and reductions on various charges. For instance, we have successfully argued motions to suppress evidence in weapon-related cases, skilled to charges being dropped. Each case is unique, and we dedicate our resources to building the strongest possible defense for every client.
Results may vary. Prior results do not guarantee a similar outcome.
Firearm by Felon Lawyer Near Arlington County, VA
Our Arlington location is centrally located to serve clients at the Arlington County courts. We are a local firearm by felon lawyer Arlington County for residents of Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington.
Law Offices Of SRIS, P.C.
1655 Fort Myer Dr, Suite 700, Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only. 24/7 phone consultations.
Frequently Asked Questions
What is the penalty for a felon in possession of a firearm in Virginia?
It is a Class 6 felony with a mandatory minimum two-year prison sentence under Va. Code § 18.2-308.2. The maximum penalty is five years in prison and a $2,500 fine.
Can a prohibited person ever legally own a gun again in Virginia?
It depends. A convicted felon must have their civil rights formally restored by the Governor of Virginia and may also need a pardon to legally possess a firearm. This is a complex process with no guarantee of success.
What if I didn’t know the gun was in my car or house?
Knowledge is a key element of the crime. A defense can be built around a lack of knowledge that the firearm was present or that you had control over it. This requires a detailed examination of the facts by a felon with firearm defense lawyer Arlington County.
Does a misdemeanor conviction make me a prohibited person?
No, only felony convictions trigger the lifetime prohibition under Virginia law. However, certain domestic violence misdemeanors can also prohibit firearm possession under federal law.
What should I do if I’m under investigation for this charge?
Do not speak to law enforcement without an attorney. Contact a prohibited person gun charge lawyer Arlington County immediately. Early legal intervention is crucial to protect your rights and begin building a defense.
For related legal help, see our pages on Virginia Criminal Defense, Criminal Defense in Alexandria, and DUI Defense in Arlington County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.