Virginia gun crimes carry severe penalties under Va. Code § 18.2-308.2, including mandatory minimum sentences for possession by a convicted felon. Law Offices Of SRIS, P.C. has 4,739+ documented results firm-wide with a 93%+ favorable outcome rate. Contact us 24/7.
Virginia Gun Crime Laws and Penalties
Virginia law prohibits the possession, sale, or use of firearms under specific circumstances. Va. Code § 18.2-308.2 makes it a Class 6 felony for a convicted felon to possess a firearm, carrying a penalty of 1-5 years in prison. Additional statutes cover carrying a concealed weapon without a permit (§ 18.2-308) and brandishing a firearm (§ 18.2-282).
Last verified: April 2026 | Virginia General Assembly | Va. Code § 18.2-308.2 (official Virginia General Assembly)
For more information, review the Virginia Criminal Code (Title 18.2) and the Virginia Judicial System website.
Insider Procedural Edge for Virginia Gun Crime Cases
In Virginia courts, prosecutors often seek mandatory minimum sentences for gun crimes. Your defense strategy must start immediately after arrest.
- Contact a gun crime lawyer immediately after arrest to preserve your rights.
- Review the search warrant and arrest affidavit for constitutional violations.
- File pre-trial motions to suppress evidence obtained illegally.
- Negotiate with the Commonwealth’s Attorney for charge reduction.
- Prepare for trial if no acceptable plea offer is made.
- Present mitigating evidence at sentencing if convicted.
In Virginia, gun crimes carry penalties ranging from Class 1 misdemeanors to Class 6 felonies with mandatory minimum sentences.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felon in Possession (§ 18.2-308.2) | Class 6 Felony | 1-5 years (mandatory minimum 5 years for certain prior convictions) | Up to $2,500 | N/A | Permanent firearm ban; loss of voting rights |
| Carrying Concealed Weapon (§ 18.2-308) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | N/A | Criminal record; possible firearm ban |
| Brandishing a Firearm (§ 18.2-282) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | N/A | Restraining order possible; firearm seizure |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Gun Crime Case?
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience. Our team has handled 4,739+ documented case results firm-wide with a 93%+ favorable outcome rate. Our tagline: “Advocacy Without Borders.”
Mr. Sris personally amended Va. Code § 20-107.3, demonstrating deep understanding of Virginia law. Our attorneys include former prosecutors and law enforcement officers who understand how the Commonwealth builds its cases.
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
Secondary attorney: Mr. Sris, former prosecutor and firm founder since 1997, personally leads complex gun crime cases.
Case Results
Firm-wide across VA, MD, NJ, NY, and DC: 4,739+ documented results with 93%+ favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Gun Crime Lawyer Near You
Our Fairfax location is minutes from the Fairfax County Courthouse, accessible via I-66 and Route 50.
Gun crime lawyer near Fairfax, Arlington, and throughout Northern Virginia.
We serve Fairfax, Arlington, Reston, Herndon, McLean, Vienna, Tysons, Centreville, Chantilly, Burke, Springfield, Annandale, Falls Church, Manassas, Woodbridge, Leesburg, Ashburn, Warrenton, Stafford, and Fredericksburg.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
4008 Williamsburg Ct, Fairfax, VA 22032, United States
By appointment only.
Frequently Asked Questions About Gun Crimes in Virginia
Can I own a firearm after a felony conviction in Virginia?
No. Virginia law prohibits firearm possession by convicted felons under Va. Code § 18.2-308.2. Restoration of firearm rights requires a governor’s pardon or court order after at least 5 years from conviction.
What is the penalty for carrying a concealed weapon without a permit in Virginia?
It depends. Carrying a concealed weapon without a permit is a Class 1 misdemeanor under Va. Code § 18.2-308, punishable by up to 12 months in jail and a $2,500 fine. Subsequent offenses may be charged as a Class 5 felony.
Do I need a gun crime lawyer in Virginia?
Yes. Gun charges carry mandatory minimum sentences and permanent firearm bans. A skilled gun crime lawyer Virginia can challenge illegal searches, negotiate charge reductions, and protect your rights throughout the process.
Can a gun charge be expunged from my Virginia record?
It depends. Virginia allows expungement only for charges that resulted in dismissal, nolle prosequi, or acquittal under Va. Code § 19.2-392.2. Convictions for gun crimes generally cannot be expunged.
What should I do if I am charged with brandishing a firearm in Virginia?
Contact a gun crime lawyer Virginia immediately. Brandishing under Va. Code § 18.2-282 is a Class 1 misdemeanor. Your attorney can evaluate self-defense claims, challenge witness statements, and negotiate with prosecutors.
Related Resources
- Virginia Criminal Lawyer
- Fairfax County Criminal Defense Lawyer
- Fairfax City Criminal Defense Lawyer
- Virginia Reckless Driving Lawyer
- Virginia Criminal Contempt Lawyer
- Our Attorneys
- Fairfax Office Location
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.