Danville VA Firearm By Felon Lawyer — What Are Your Defense Options?
A firearm by felon charge in Danville, VA, is a serious felony under Va. Code § 18.2-308.2, carrying a mandatory minimum of two years in prison. A conviction can permanently alter your life. The Law Offices Of SRIS, P.C. provides a strong defense for these charges.
Understanding Virginia’s Firearm By Felon Law
In Virginia, it is illegal for any person who has been convicted of a felony to knowingly possess, transport, or carry any firearm. This prohibition is outlined in Va. Code § 18.2-308.2. The law is strict and applies regardless of how much time has passed since the felony conviction. The statute defines a “firearm” broadly, including any weapon designed to expel a projectile by action of an explosion. The charge is a separate felony from the underlying conviction, meaning you face new, severe penalties.
Last verified: April 2026 | Danville Circuit Court & Danville General District Court | Virginia General Assembly.
Official Legal Resources
For the official state law, review Va. Code § 18.2-308.2 (official Virginia General Assembly website). For local court procedures, visit the Danville Circuit Court website.
Local Court Process for a Danville Firearm Charge
In Danville, a firearm by felon charge is typically initiated by an arrest and a warrant. The case will be heard in either the Danville General District Court for preliminary hearings or the Danville Circuit Court for trials. Prosecutors in these courts treat these charges very seriously due to the mandatory penalties. An experienced firearms defense lawyer can challenge the evidence, such as whether you knowingly possessed the firearm or whether the item qualifies as a firearm under the law.
- Arrest and Initial Hearing: You will be arraigned, and the court will advise you of the formal charge. Bond conditions will be set, which almost always include a prohibition on possessing any weapons.
- Preliminary Hearing (if in District Court): The Commonwealth must show probable cause that a felony was committed. Your attorney can cross-examine witnesses and challenge the evidence.
- Circuit Court Arraignment: If the case is certified to Circuit Court, you will be arraigned again and enter a plea.
- Pre-Trial Motions: Your gun charges lawyer may file motions to suppress evidence if it was obtained illegally or to challenge the legality of the search or arrest.
- Trial or Plea Negotiation: The case will proceed to a jury trial, or your attorney may negotiate with the Commonwealth’s Attorney for a potential reduction or alternative resolution.
- Sentencing: If convicted, the court must impose the mandatory minimum sentence, though your attorney can argue for mitigating factors.
Potential Penalties for a Firearm By Felon Conviction
In Danville, a conviction for possession of a firearm by a convicted felon is a Class 6 felony, carrying a mandatory minimum prison sentence of two years and a maximum penalty of five years.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Possession of Firearm by Convicted Felon (Va. Code § 18.2-308.2) | Class 6 Felony | Mandatory 2-year minimum; up to 5 years | Up to $2,500 | Loss of firearm rights permanently, felony record, impact on employment/housing, probation. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Danville Firearm Charge?
Founded in 1997, the Law Offices Of SRIS, P.C. brings decades of combined experience to criminal defense. Our founder, Mr. Sris, is a former prosecutor who understands both sides of the courtroom. We have a documented record of handling complex weapon offense defense cases. We approach each case with a detailed strategy focused on the specific facts and Danville court procedures.
Our Approach to Your Firearm By Felon Case
We begin by conducting a thorough investigation. We examine the circumstances of the search, seizure, and arrest. Was there a valid warrant? Was the stop legal? Did you have actual or constructive possession of the firearm? We also review the status of your prior conviction. In some cases, we may challenge whether the prior offense qualifies under the statute or explore restoration of rights. Our goal is to identify every possible weakness in the prosecution’s case.
Mr. Sris, the firm’s founder, provides strategic oversight on complex cases, ensuring all avenues for defense are explored.
Contact a Danville VA Firearm By Felon Lawyer Today
If you are facing a firearm charge in Danville, time is critical. A conviction carries severe, life-altering consequences. Our Danville location is centrally located to serve clients throughout the region. We are a trusted firearm by felon lawyer near Danville and the surrounding communities of Pittsylvania County, Chatham, and Ringgold.
We offer 24/7 phone consultations — (888) 437-7747 — with meetings by appointment only.
Law Offices Of SRIS, P.C.
[Danville Office Address]
Danville, VA
Toll-Free: (888) 437-7747 | Local: (434) 835-1500
By appointment only.
Frequently Asked Questions
Can a felon ever legally own a gun in Virginia?
No. Virginia law permanently prohibits any person convicted of a felony from possessing a firearm. The only potential exception is if the felon has had their civil rights fully restored by the Governor, which is rare and does not automatically restore firearm rights.
What does “knowing possession” mean in these cases?
It depends. The prosecution must prove you knew the firearm was present and that you had control over it. This could be actual possession (on your person) or constructive possession (in your home or car). A skilled weapons attorney can argue you were unaware of the gun or that it belonged to someone else.
What are common defenses to a firearm by felon charge?
Common defenses include illegal search and seizure, lack of knowledge or possession, mistaken identity, and challenging the validity of the prior felony conviction. In some cases, the item may not meet the legal definition of a firearm. An attorney will analyze all details to find the best defense strategy.
Is there a mandatory jail sentence?
Yes. A conviction under Va. Code § 18.2-308.2 carries a mandatory minimum sentence of two years in prison. The judge has no discretion to suspend or reduce this mandatory time if you are convicted as charged.
Should I speak to the police if I’m investigated?
No. You have the right to remain silent. You should politely decline to answer questions and immediately request an attorney. Anything you say can be used against you, and investigators may misinterpret your statements. Contact a firearms defense lawyer immediately.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.