Firearm by Felon Lawyer in Virginia — Defending Prohibited Persons
A firearm by felon charge in Virginia is a Class 6 felony under Va. Code § 18.2-308.2, punishable by 1-5 years in prison and a permanent felony record. Law Offices Of SRIS, P.C. has handled 4,739+ documented case results firm-wide. If you are a prohibited person facing a gun charge, contact a Virginia firearm by felon lawyer immediately for a case-specific defense strategy.
Last verified: April 2026 | Virginia Courts | Virginia General Assembly
Virginia Law on Firearm Possession by Felons
Virginia law strictly prohibits any person who has been convicted of a felony from knowingly possessing, transporting, or carrying any firearm. This statute, Va. Code § 18.2-308.2, applies regardless of whether the felony conviction occurred in Virginia or another state. The prohibition is lifelong unless the individual’s civil rights have been formally restored by the Governor of Virginia or the appropriate authority in the state of conviction. The law is designed to prevent individuals deemed a potential risk to public safety from accessing weapons.
For a firearm by felon lawyer Virginia, the specifics of your prior conviction and the circumstances of the new arrest are critical. The prosecution must prove you knowingly possessed the firearm. Defenses often challenge the knowledge element, the legality of the search that discovered the weapon, or the validity of the underlying felony predicate.
Official Legal Resources
Understanding the exact language of the law is important. You can review the official statute on the Virginia General Assembly website (Va. Code § 18.2-308.2). For court procedures and forms, visit the Virginia Judicial System website.
Virginia Court Process for a Firearm by Felon Charge
As a felon with firearm defense lawyer Virginia knows, these cases begin in General District Court for a preliminary hearing. If probable cause is found, the case is certified to Circuit Court for trial. Given the felony classification, the stakes are high from the outset. Prosecutors typically seek incarceration.
- Arrest and Bond Hearing: You will be arrested and taken before a magistrate. Bond for this felony is not guaranteed and conditions are often strict.
- General District Court Preliminary Hearing: The Commonwealth presents evidence to establish probable cause. Your attorney can cross-examine witnesses and argue for dismissal.
- Circuit Court Arraignment: If certified, you will be formally charged in Circuit Court and enter a plea.
- Pre-Trial Motions and Negotiations: Your attorney will file motions (e.g., to suppress evidence) and engage in plea negotiations with the prosecutor.
- Trial or Plea: The case proceeds to a jury trial or is resolved through a plea agreement.
- Sentencing: If convicted, a separate sentencing hearing will determine the penalty within the statutory range.
Penalties for a Firearm by Felon Conviction in Virginia
In Virginia, a conviction for possession of a firearm by a convicted felon is a Class 6 felony carrying a mandatory minimum of 2 years in prison for a second or subsequent offense, with a maximum penalty of 5 years.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Firearm by Convicted Felon (First Offense) | Class 6 Felony | 1-5 years (or up to 12 months + $2,500 at jury discretion) | Up to $2,500 | Loss of firearm rights permanently; impacts professional licenses | Permanent felony record, loss of voting rights, difficulty finding employment/housing |
| Possession of Firearm by Convicted Felon (Subsequent Offense) | Class 6 Felony | Mandatory minimum 2 years, up to 5 years | Up to $2,500 | Loss of firearm rights permanently; impacts professional licenses | Enhanced penalties, longer mandatory minimums |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide track record includes 4,739+ documented results with a 93%+ favorable outcome rate. We understand that a prohibited person gun charge lawyer Virginia must be both aggressive in court and strategic in negotiation to protect your future.
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
Documented Case Results
Our attorneys have achieved favorable results in challenging felony cases. For example, we have secured outcomes where felony charges were amended to misdemeanors with suspended sentences, avoiding active prison time. In one case involving a felony charge of obtaining money under false pretenses in Fairfax County General District Court, our team negotiated a resolution resulting in a misdemeanor disposition with a fully suspended sentence.
Results may vary. Prior results do not guarantee a similar outcome.
Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases, ensuring every defense is thorough.
Firearm by Felon Defense Lawyer Serving Virginia
Our Fairfax location is centrally positioned to serve clients across Northern Virginia. We are accessible via major highways including I-66, I-495, and Route 50. If you need a firearm by felon lawyer Virginia near Fairfax County Courthouse or other Northern Virginia courts, contact us for a consultation.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Frequently Asked Questions (Firearm by Felon Charges)
Can a felon ever legally own a gun in Virginia?
No. Under Virginia law, a convicted felon cannot legally possess a firearm unless their civil rights have been fully restored by the Governor of Virginia. A pardon or expungement does not automatically restore firearm rights; a specific restoration order is required.
What if I didn’t know the gun was in my car or house?
It depends. The prosecution must prove you “knowingly” possessed the firearm. If you can show you were unaware of its presence and had no control over it, this can be a defense. A felon with firearm defense lawyer Virginia can investigate to support a lack of knowledge claim.
Is a firearm by felon charge a federal crime?
Yes, it can be. Possession of a firearm by a convicted felon is also a federal crime under 18 U.S.C. § 922(g). You can be prosecuted in both state and federal court for the same act, though this is rare. Federal penalties are often more severe.
What are the best defenses to this charge?
Common defenses include challenging the legality of the search (Fourth Amendment violation), arguing you did not knowingly possess the firearm, contesting the status of the prior conviction, or proving your civil rights were restored. An experienced prohibited person gun charge lawyer Virginia will identify the strongest defense for your situation.
Can this charge be reduced to a misdemeanor?
It is possible in some cases, depending on the facts, your criminal history, and the jurisdiction. A skilled attorney may negotiate a plea to a lesser charge like reckless handling of a firearm (a misdemeanor) to avoid a felony conviction. This requires strategic negotiation with the prosecutor.
For more information on related legal issues, see our pages on Virginia criminal defense, criminal defense in Fairfax, and Virginia gun crime defense.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.