Under Va. Code § 18.2-308.2, a felon possessing a firearm in Stafford County is a Class 6 felony carrying 1-5 years in prison. Law Offices Of SRIS, P.C. has 18 documented criminal results in Stafford County. A Firearm by Felon Lawyer Stafford County can build your defense.
Last verified: April 2026 | Stafford County General District Court | Va. Code § 18.2-308.2 (official Virginia General Assembly)
Statutory Definition of Firearm Possession by a Felon in Virginia
Virginia Code § 18.2-308.2 prohibits any person convicted of a felony from knowingly and intentionally possessing, transporting, or carrying a firearm. A violation is a Class 6 felony. The statute applies to all felonies, including non-violent offenses. A felon with firearm defense lawyer Stafford County can explain exceptions and potential defenses under this law.
External Citation Links
- Va. Code § 18.2-308.2 (official Virginia General Assembly)
- Stafford County General District Court (official court website)
- Step 1: Do not speak to law enforcement without counsel. Invoke your right to remain silent and request an attorney immediately.
- Step 2: Contact a Firearm by Felon Lawyer Stafford County before your first court date. Early intervention can preserve defenses.
- Step 3: Gather all evidence related to the stop, search, and seizure. Your attorney will file motions to suppress illegally obtained evidence.
- Step 4: Attend your preliminary hearing at Stafford County General District Court (1300 Courthouse Road). Your lawyer can argue for dismissal or reduction.
- Step 5: If bound over to Circuit Court, your attorney will negotiate with the Commonwealth’s Attorney or prepare for trial.
In Stafford County, a firearm by felon conviction carries 1-5 years in prison, a $2,500 fine, and permanent loss of firearm rights.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Firearm Possession by Felon (§ 18.2-308.2) | Class 6 Felony | 1-5 years | Up to $2,500 | None | Permanent loss of firearm rights; federal prohibition under 18 U.S.C. § 922(g)(1) |
Results may vary. Prior results do not guarantee a similar outcome.
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 Stafford County
Law Offices Of SRIS, P.C. has 18 documented criminal results in Stafford County: 17 dismissed or not guilty, 1 reduced or amended — a 100% favorable outcome rate. Mr. Sris, firm founder and former prosecutor, oversees all criminal defense strategies.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Fairfax Location
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Frequently Asked Questions About Firearm by Felon Charges in Stafford County
Can a felon ever legally possess a firearm in Virginia?
Yes. Virginia law allows restoration of firearm rights through a governor’s pardon or circuit court petition under Va. Code § 18.2-308.2. A prohibited person gun charge lawyer Stafford County can guide you through the restoration process.
What is the penalty for a first-time firearm by felon offense in Stafford County?
A first offense is a Class 6 felony carrying 1-5 years in prison and up to a $2,500 fine. The court may impose a suspended sentence with probation conditions. A Firearm by Felon Lawyer Stafford County can negotiate for alternative sentencing.
Does the firearm have to be loaded or operational for a conviction?
No. Virginia law prohibits possession of any firearm, regardless of whether it is loaded or operational. Even an inoperable firearm can support a conviction under § 18.2-308.2.
Can I get a firearm charge reduced to a misdemeanor in Stafford County?
It depends. Some cases may be reduced through plea negotiations if the firearm was not used in a crime or if the defendant has no prior violent history. A felon with firearm defense lawyer Stafford County can evaluate your case for reduction opportunities.
How long does a firearm by felon case take in Stafford County courts?
A typical case takes 3-9 months from arrest to resolution. The preliminary hearing occurs within 21-60 days at Stafford County General District Court. Felony trials in Circuit Court take longer due to scheduling.
What defenses are available for a firearm by felon charge?
Common defenses include illegal search and seizure, lack of knowledge that the firearm was present, and the firearm belonging to another person. A prohibited person gun charge lawyer Stafford County can file motions to suppress evidence obtained unlawfully.
Will a firearm by felon conviction affect my federal gun rights?
Yes. A Virginia conviction under § 18.2-308.2 also triggers the federal prohibition under 18 U.S.C. § 922(g)(1). Federal restoration requires a separate pardon or expungement process. State restoration does not automatically restore federal rights.
Can I travel with a firearm if I have a prior felony?
No. Even transporting a firearm in a vehicle violates § 18.2-308.2. The firearm must be inoperable and stored separately. A Firearm by Felon Lawyer Stafford County can advise on lawful transportation options during the restoration process.
Related Practice Areas in Stafford County
- DUI/DWI Lawyer Stafford County
- Divorce & Family Law Lawyer Stafford County
- Reckless Driving Lawyer Stafford County
Nearby Localities We Serve
Virginia Criminal Defense Lawyer Hub
Last verified: April 2026. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.