Firearm by Felon Lawyer Loudoun 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, prosecuted in Loudoun County Circuit Court. A conviction carries a mandatory minimum of 2 years in prison. As a firearm by felon lawyer Loudoun County, Law Offices Of SRIS, P.C. has documented results defending prohibited persons. We provide 24/7 consultations.
Last verified: April 2026 | Loudoun County General District Court | Virginia General Assembly
Virginia Law on Firearm Possession by a Prohibited Person
Virginia law strictly prohibits any person who has been convicted of a felony from possessing, transporting, or carrying any firearm. This statute, Va. Code § 18.2-308.2, is a Class 6 felony, punishable by a mandatory minimum sentence of two years in prison. The law applies regardless of how much time has passed since the felony conviction. The prohibition also extends to certain misdemeanor convictions, such as domestic violence assault under § 18.2-57.2. The firm, founded in 1997 by former prosecutor Mr. Sris, focuses on building strong defenses against these severe charges.
Official Legal Resources
For the full text of the statute, see Va. Code § 18.2-308.2 (official Virginia General Assembly). Court information for Loudoun County can be found at the Loudoun County Circuit Court website.
Local Court Process for a Firearm by Felon Charge
In Loudoun County, a firearm by felon charge is a felony that begins in General District Court for a preliminary hearing but is ultimately tried in Circuit Court. Prosecutors from the Commonwealth’s Attorney’s office take these cases very seriously due to the mandatory minimum penalties. A strong defense often involves challenging the legality of the search that discovered the firearm or the proof of possession.
- Arrest and bond hearing before a magistrate in Leesburg.
- Preliminary hearing in Loudoun County General District Court to determine probable cause.
- Case is certified to Loudoun County Circuit Court for indictment by a grand jury.
- Formal arraignment and entry of a plea in Circuit Court.
- Pre-trial motions and discovery phase to challenge evidence.
- Potential plea negotiations or preparation for a jury trial.
Potential Penalties for a Firearm by Felon Conviction
In Loudoun County, possession of a firearm by a convicted felon is a Class 6 felony carrying a mandatory minimum of 2 years in prison and a maximum of 5 years, plus potential loss of civil rights.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Possession of Firearm by Convicted Felon | Class 6 Felony | Mandatory min. 2 years, up to 5 years | Up to $2,500 | Permanent felony record, loss of right to vote and possess firearms |
| Possession after certain violent misdemeanors | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Criminal record, potential impact on professional licenses |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Firearm and Felony Cases
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have a combined 120+ years of legal experience. We have handled over firm-wide 4,739 cases with a 93%+ favorable outcome rate. Our team includes former prosecutors and a former Virginia State Trooper, providing insight into how these cases are built by the Commonwealth. We understand the severe stakes of a firearm by felon charge and work to protect your future.
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 in Loudoun County
Our firearm by felon lawyer Loudoun County team has a record of defending clients in the local courts. In Loudoun County, we have 42 documented criminal case results: 35 dismissed or found not guilty, 5 reduced or amended, and 2 other favorable outcomes.
Results may vary. Prior results do not guarantee a similar outcome.
Firearm by Felon Lawyer Near Loudoun County, VA
Our Ashburn location serves clients at the Loudoun County courts. We are a firearm by felon defense lawyer Loudoun County for communities including Ashburn, Leesburg, Sterling, Purcellville, South Riding, and Brambleton.
Law Offices Of SRIS, P.C. — Ashburn/Loudoun
20130 Lakeview Center Plaza Suite 400 Room No 403, Ashburn, VA 20147
Toll-Free: (888) 437-7747 | Local: 571-279-0110
By appointment only. 24/7 phone consultations.
Frequently Asked Questions
What is the penalty for a felon with a gun in Virginia?
It is a Class 6 felony with a mandatory minimum prison sentence of two years 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 in Virginia?
It depends. A convicted felon’s civil rights, including firearm rights, can potentially be restored by the Governor of Virginia. This is a complex process separate from having your voting rights restored and requires a specific application and approval.
What does the prosecution have to prove for a firearm by felon charge?
The Commonwealth must prove two elements beyond a reasonable doubt: 1) You have a prior felony conviction, and 2) You knowingly possessed, transported, or carried a firearm. A prohibited person gun charge lawyer Loudoun County can challenge the evidence for either element.
Does the law apply if the gun wasn’t on my person?
Yes. Virginia law recognizes “constructive possession.” This means if the firearm was in a place you controlled, like your home or car, the prosecution may argue you knowingly possessed it, even if it wasn’t in your hand.
What are common defenses to a firearm by felon charge?
Common defenses include challenging the legality of the search (Fourth Amendment violation), arguing lack of knowledge or possession, questioning the operability of the firearm, or challenging the validity of the prior conviction used to establish the prohibition.
Related Legal Help: If you are facing other charges, our firm also provides representation for DUI in Loudoun County and family law matters. For a broader view of our criminal defense practice, visit our Virginia criminal defense hub.
Last verified: April 2026. Information is subject to change. Contact Law Offices Of SRIS, P.C. for current legal guidance.