Firearm by Felon Lawyer Virginia, VA
If you are facing a firearm by felon charge in Virginia, the stakes are serious. Under Va. Code § 18.2-308.2, a person convicted of a felony who knowingly and intentionally possesses or transports a firearm commits a Class 6 felony. Law Offices Of SRIS, P.C. — a multi-state firm practicing since 1997 — represents individuals throughout Virginia in these matters. Reach Mr. Sris, Owner and Founder, and the firm’s Of Counsel attorneys at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding Virginia’s Firearm by Felon Law
The central statute, Va. Code § 18.2-308.2, prohibits any person who has been convicted of a felony from knowingly possessing or transporting a firearm. The charge is a Class 6 felony, which carries a sentencing range of 1 to 5 years of imprisonment — or, at the discretion of a jury, up to 12 months in jail and a fine. However, the law imposes mandatory minimum sentences when certain aggravating factors exist. If the prior felony was a violent crime under Va. Code § 17.1-805 and occurred within the previous ten years, the mandatory minimum is two years; if the firearm was also loaded, the mandatory minimum rises to five years.
In addition to incarceration, a conviction results in a permanent criminal record and loss of firearm rights. Virginia also recognizes that a misdemeanor domestic-violence conviction can trigger parallel federal prohibitions under 18 U.S.C. § 922(g)(9), which carry their own penalties. Because the mandatory minimum structure of § 18.2-308.2 can drastically limit judicial discretion, early and thorough legal preparation is essential.
A conviction under Va. Code § 18.2-308.2 is a Class 6 felony, punishable by 1 to 5 years in prison, and may carry a mandatory minimum of 2 to 5 years depending on prior offenses and whether the firearm was loaded.
Source: Va. Code § 18.2-308.2. Virginia Code § 18.2-308.2
Reviewed by Mr. Sris, admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
How Mr. Sris and the Firm’s Of Counsel Attorneys Approach These Cases
Law Offices Of SRIS, P.C. takes a defense-oriented approach grounded in the firm’s multi-state experience. Mr. Sris, a former prosecutor, and the firm’s Of Counsel attorneys scrutinize every element of the state’s case: whether the predicate felony qualifies under the statute, whether the item recovered meets the definition of a firearm, and whether law enforcement’s actions complied with constitutional standards. If a search or seizure yielded the evidence, a motion to suppress can be a dispositive strategy.
The firm also examines whether the mandatory minimum provisions apply, whether the prior felony falls within the “violent felony” category at all, and whether the ten-year lookback window is correctly calculated. When trial is not the trusted option, Mr. Sris and the firm’s Of Counsel attorneys work toward a negotiated resolution that minimizes exposure — for example, by advocating for an amended charge that avoids the firearm prohibition. In many Virginia jurisdictions, the Commonwealth’s Attorney may agree to amend the charge under Rule 3A:8 of the Rules of the Supreme Court of Virginia, which permits plea negotiations. The firm appears in Virginia General District Courts and Circuit Courts across the Commonwealth.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997 and is a former prosecutor. 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).
Working alongside Mr. Sris, the firm’s Of Counsel attorneys bring collective experience in criminal defense and related areas. They appear regularly in Virginia trial courts and contribute extensive knowledge of local procedures, evidentiary standards, and negotiation dynamics. Together, Mr. Sris and the firm’s Of Counsel attorneys represent individuals charged with firearm-by-felon offenses throughout Virginia. Committed to a well-prepared defense, the firm’s approach focuses on the particular facts of each matter.
Frequently Asked Questions
What should I do if I am facing firearm by felon charges in Virginia?
If you are charged under Va. Code § 18.2-308.2, contact a criminal defense attorney immediately and do not discuss the case with anyone except your lawyer. Preserve all documents and evidence that may relate to the charge. Because the mandatory minimum sentencing provisions can be triggered by specific prior convictions, a prompt evaluation of your criminal history and the specific allegations is critical. Even if the evidence seems strong, early representation can affect whether the charge proceeds as a felony, whether an amendment is possible, and what negotiating posture the Commonwealth’s Attorney takes. For guidance, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Can a convicted felon ever regain firearm rights in Virginia?
Firearm rights lost through a felony conviction can sometimes be restored through a petition for gubernatorial restoration of rights. Virginia’s process allows a person who has been convicted of a felony to apply for restoration of civil rights, including the right to vote and serve on a jury. Once civil rights are restored, an individual may petition the circuit court for restoration of firearm rights under Va. Code § 18.2-308.2(C). The outcome is discretionary and typically requires evidence of rehabilitation and law-abiding conduct. This is a distinct legal proceeding — not automatic — and is often handled alongside a broader rights-restoration effort. To discuss your eligibility, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
What are the possible defenses against a firearm by felon charge?
Defenses may include challenging the legality of the search that uncovered the firearm, disputing whether the item is a firearm under the statute, or questioning whether the predicate felony conviction is valid or qualifies under the statute. In some cases, the prior conviction may have been expunged or may not meet the statutory definition of a violent felony, potentially avoiding the mandatory minimum. Additionally, if the Commonwealth’s Attorney cannot prove knowing possession, the charge may be reduced. Each defense is fact-specific; an experienced attorney reviews the police report, witness statements, and forensic evidence to identify the strong $1s. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.
How long does a criminal case take in Virginia?
The timeline for a criminal case in Virginia varies depending on whether it proceeds in the General District Court as a misdemeanor-level offense or in the Circuit Court as a felony. Misdemeanor trials are often scheduled within weeks or a few months, while felony cases, which involve preliminary hearings and possible indictments, generally take several months or longer. Court scheduling, discovery disputes, and the complexity of the case all influence the timeline. There is no fixed number of days, but the right to a speedy trial is constitutionally past results do not guarantee a similar outcome. For a more detailed estimate based on your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What is the statute of limitations for firearm by felon charges in Virginia?
Felony offenses in Virginia, including firearm by felon under § 18.2-308.2, generally have no statute of limitations for prosecution. Unlike certain misdemeanors, most felonies are not time-barred, meaning a charge can be brought at any time after the alleged offense. This rule underscores the importance of addressing a pending charge immediately rather than waiting. If you are under investigation or have been charged, consult counsel promptly. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Can the charge be reduced or dropped?
It is possible for a firearm by felon charge to be reduced or dismissed depending on the strength of the state’s evidence, procedural errors, or a negotiated agreement with the prosecution. For example, if a search was unconstitutional, the court may suppress the firearm evidence, which can lead to a dismissal. The Commonwealth’s Attorney may also agree to amend the charge to a non-firearm offense if the circumstances support it. Virginia’s plea rules under Rule 3A:8 permit such resolutions. Results may vary. From case to case. For guidance on the strategies that may apply, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
For additional information, consult these official Virginia resources:
› Va. Code § 18.2-308.2 (possession of firearm by convicted felon)
› Virginia Judicial System (vacourts.gov)
› Virginia State Bar
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.