Firearm by Felon Lawyer Virginia, VA
You were at a family gathering in Virginia when a relative asked to see the old hunting rifle you inherited. You handed it over without thinking. A few weeks later, you’re facing a charge for possession of a firearm by a convicted felon under Virginia Code § 18.2‑308.2. The weight of that moment now threatens your freedom, your record, and your future. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Firearm‑by‑felon charges in Virginia carry immediate and long‑term consequences. A conviction under § 18.2‑308.2 is a Class 6 felony with a mandatory minimum two‑year sentence if the predicate felony was a violent one within the last ten years. The Commonwealth’s Attorney will pursue these cases actively. You need an experienced criminal defense team that knows Virginia’s courts and understands how to challenge the evidence, context, and prosecution’s assumptions. Law Offices Of SRIS, P.C. brings that experience. Reach our firm at (888) 437‑7747.
What a Firearm‑by‑Felon Charge Means in Virginia
Virginia treats the intersection of firearms and prior felony convictions with severity. The statute, Va. Code § 18.2‑308.2, prohibits any person convicted of a felony from knowingly and intentionally possessing or transporting a firearm. The charge is a Class 6 felony, punishable by one to five years in prison (or up to twelve months in jail at the discretion of a jury). However, if the underlying felony was a violent felony as defined in § 17.1‑805 and occurred within the preceding ten years, the court must impose a mandatory minimum of two years. If the firearm was loaded, that mandatory minimum rises to five years.
Because the offense is a felony, the case will be heard in the Circuit Court of the Virginia locality where the alleged possession occurred, after a preliminary hearing in General District Court. The prosecution must prove that you had a prior felony conviction, that you knew you were a felon, and that you knowingly possessed or transported a firearm. Every element is open to challenge. Mr. Sris and his Of Counsel examine the stop, search, and seizure that led to the discovery of the firearm; whether the item meets the statutory definition; whether the possession was knowing and intentional; and whether the prior conviction qualifies under the statute’s enhancement provisions.
Virginia’s courts do not treat these charges as routine. A conviction can extinguish any chance of restoring your firearm rights through a governor’s petition. The collateral consequences extend to employment, professional licensing, immigration status, and housing. Early and thorough legal representation is critical.
How Mr. Sris and His Of Counsel Approach Firearm‑by‑Felon Cases
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and his Of Counsel team start by dissecting the circumstances of the encounter that led to the charge. Was the firearm found during a traffic stop? If so, was the stop legally justified? Did law enforcement have reasonable suspicion or probable cause? If the search violated constitutional protections, the evidence may be suppressed. Even when a firearm is admitted, the team investigates whether the defendant actually possessed it: was the firearm in a shared vehicle, a shared home, or otherwise not under the individual’s exclusive control?
The team also scrutinizes the prior felony record. Not every felony triggers § 18.2‑308.2, and not every conviction is a “violent felony” for the mandatory‑minimum enhancement. If the predicate offense was a misdemeanor domestic violence conviction, separate state and federal consequences may apply under 18 U.S.C. § 922(g)(9), and coordination between state and federal defense becomes essential. Mr. Sris and his Of Counsel coordinate closely with federal counsel when needed, ensuring that a resolution in one court does not inadvertently harm the client in another.
If a trial is the trusted path, the team prepares rigorously: cross‑examining witnesses, challenging forensic evidence, and presenting the client’s side. If negotiation with the Commonwealth’s Attorney is more advantageous, the team explores every avenue—amendment of the charge, plea agreements that avoid the mandatory minimums, and first‑offender or deferred‑disposition options where available. Every case is guided by the principle that the State bears the burden of proof beyond a reasonable doubt, and that burden is not taken lightly.
Frequently Asked Questions
What should I do if I am facing firearm‑by‑felon charges in Virginia?
Contact a criminal defense attorney immediately and do not discuss the case with anyone except your lawyer. Preserve all documents, text messages, and photographs that may be relevant. Early involvement of counsel can protect your rights, ensure evidence is preserved, and prevent you from making statements that the prosecution could use. Law Offices Of SRIS, P.C. offers consultations by appointment at (888) 437‑7747.
Is it always a felony to possess a firearm after a felony conviction in Virginia?
Yes, possession of a firearm by a convicted felon is always a Class 6 felony under Va. Code § 18.2‑308.2. However, a Class 6 felony can be punished by imprisonment of one to five years or, at the jury’s discretion, up to twelve months in jail. The severity escalates to a mandatory minimum two‑year sentence if the prior felony was a violent felony within ten years, and five years if the firearm was loaded. The court has no discretion below the mandatory minimum if the enhancement applies.
Can a firearm‑by‑felon charge be dropped or amended in Virginia?
Yes, a charge under § 18.2‑308.2 can be dropped or amended, but it requires a strong defense. The Commonwealth’s Attorney may agree to nolle prosequi (dismiss the charge) or amend it to a lesser offense if the evidence is weak, the search was flawed, or the client has mitigating circumstances. An experienced defense attorney can negotiate for the favorable outcomes, but no outcome is past results do not guarantee a similar outcome. Results may vary.
Does Virginia automatically restore firearm rights after a felony conviction?
No, firearm rights are not automatically restored in Virginia. Restoration requires a gubernatorial petition. A conviction under § 18.2‑308.2 creates a separate felony record that can make restoration even more difficult. Even after civil rights are restored, federal law may still prohibit possession of a firearm until certain conditions are met. There is no automatic process.
What if the firearm was not in my actual possession—found in a shared car or house?
The Commonwealth must prove you knowingly and intentionally possessed the firearm. If the firearm was found in a shared vehicle, in a common area of a home, or in a place you did not control, the element of knowing possession may be contested. Proximity alone is not enough. Mr. Sris and his Of Counsel examine whether exclusive possession can be proven beyond a reasonable doubt.
Will a firearm‑by‑felon conviction affect my immigration status?
Yes, a conviction can have severe immigration consequences. A firearm felony is often considered an aggravated felony under federal immigration law, subjecting a non‑U.S. Citizen to mandatory detention and removal. Even lawful permanent residents may lose their status. If you are not a citizen, it is imperative that your criminal defense attorney coordinates with immigration counsel from the outset.
How do I find a firearm‑by‑felon defense attorney in Virginia?
Look for an attorney with experience handling Virginia felony firearm cases in the specific courts where your case is pending. Ask about their track record with motions to suppress, their familiarity with the local Commonwealth’s Attorney, and whether they have handled cases involving mandatory minimums. Mr. Sris and his Of Counsel appear in Circuit Courts across Virginia. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
What happens at the preliminary hearing for a firearm‑by‑felon charge?
The preliminary hearing in General District Court determines whether there is probable cause to send the case to the Circuit Court grand jury. It is not a trial. The Commonwealth presents evidence, and the defense can cross‑examine witnesses. In some cases, the charge can be dismissed at this stage. If probable cause is found, the case proceeds to the felony docket in Circuit Court. The preliminary hearing is a critical early opportunity to challenge the prosecution’s case.
Can I get the charge reduced to a misdemeanor?
It is possible, though not guaranteed. The Commonwealth’s Attorney may agree to amend the charge to a lesser offense, such as a misdemeanor carrying‑concealed‑weapon violation, if the facts and criminal history justify leniency. A reduction avoids the felony label and the firearm prohibition that accompanies it. The defense team evaluates every path toward that goal.
Do I really need a lawyer, or can I handle this myself?
You need an experienced criminal defense attorney. A firearm‑by‑felon charge exposes you to years in prison and permanent collateral consequences. The rules of evidence, search‑and‑seizure law, and sentencing enhancements are complex. An attorney can preserve issues for appeal, negotiate with the prosecutor, and protect your rights at every stage. Representing yourself in a felony case risks a devastating outcome. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced criminal defense since founding the firm in 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and his Of Counsel bring extensive combined legal experience to firearm‑by‑felon defense. The firm’s attorneys appear in Virginia courts statewide—from Fairfax and Arlington to Richmond, Roanoke, and the Tidewater region.
Mr. Sris and his Of Counsel team handle each case collaboratively, drawing on backgrounds in prosecution and law enforcement to anticipate the Commonwealth’s strategy. Results may vary.
For further reading, visit the official Virginia Code § 18.2‑308.2 and the Virginia Courts website.
Reach our Fairfax location at (888) 437‑7747. Law Offices Of SRIS, P.C., 4008 Williamsburg Court, Fairfax, VA 22032. By appointment only.
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.