Accomack VA Possession Of A Regulated Firearm By A Disqualified Person Lawyer — What Are Your Defense Options?
Possession of a regulated firearm by a disqualified person in Accomack, VA, is a serious felony under Va. Code § 18.2-308.2, carrying a mandatory minimum sentence. If you are charged, you need an experienced Accomack VA Possession Of A Regulated Firearm By A Disqualified Person Lawyer from Law Offices Of SRIS, P.C.
Last verified: April 2026 | Accomack County General District Court | Virginia General Assembly
Virginia Law on Possession of a Firearm by a Disqualified Person
Under Virginia law, it is illegal for certain individuals to possess, transport, or carry any firearm. This offense is codified in Va. Code § 18.2-308.2. A “disqualified person” includes individuals convicted of a felony, adjudicated delinquent as a juvenile for an offense that would be a felony if committed by an adult, found mentally incompetent or involuntarily committed, subject to a protective order, or convicted of certain misdemeanor domestic violence offenses. The statute covers all firearms, not just concealed weapons.
Penalties for a Conviction
In Accomack, possession of a firearm by a convicted felon is a Class 6 felony, punishable by a mandatory minimum of two years in prison, with a maximum of five years, and a fine up to $2,500.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession by Convicted Felon | Class 6 Felony | Mandatory 2-year min, up to 5 years | Up to $2,500 | Loss of firearm rights permanently | Felony record, difficulty finding employment/housing |
| Possession Under Other Prohibitions (e.g., protective order) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Loss of firearm rights while prohibited | Criminal record |
Results may vary. Prior results do not aim for a similar outcome.
Our Defense Approach for Accomack Firearm Charges
Our criminal court lawyer team builds a defense specific to your case. Common strategies include challenging the legality of the search that found the firearm, arguing you were not in actual or constructive possession, proving you were not a disqualified person at the time, or negotiating for a reduction to a lesser charge. Early intervention by a skilled defense lawyer is critical to protect your rights and explore all options.
- Initial Consultation & Case Review: We analyze the arrest details, the search, and your criminal history.
- Evidence Investigation: We scrutinize police reports, search warrants, and forensic evidence for constitutional violations.
- Pre-Trial Motions: We file motions to suppress evidence obtained through illegal searches or seizures.
- Negotiation & Trial Preparation: We engage with the Commonwealth’s Attorney to seek dismissal or reduction while preparing a vigorous trial defense.
- Court Representation: We provide assertive representation at all hearings in Accomack County General District and Circuit Courts.
Why Choose Our Firm for Your Firearm Charge Defense
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide track record includes 4,739+ documented results with a 93%+ favorable outcome rate. We understand the high stakes of felony firearm charges and provide a focused, aggressive defense.
Case Results & Client Advocacy
Our team has a proven history of achieving positive results in complex criminal cases. While every case is unique, our strategic approach aims for dismissals, reductions, or acquittals. For firearm charges, this often involves rigorous challenge of the prosecution’s evidence. Mr. Sris, our firm’s founder and a former prosecutor, provides strategic oversight on complex cases, ensuring every legal avenue is explored.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Accomack Firearm Defense Lawyers
If you are facing charges for possession of a regulated firearm by a disqualified person in Accomack, immediate action is crucial. Our Richmond location serves Accomack County and surrounding communities.
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Ste 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations available.
Frequently Asked Questions (FAQs)
What makes someone a “disqualified person” under Virginia firearm law?
Yes. Virginia law specifies several categories. The most common are individuals convicted of any felony, those subject to active protective orders, and persons convicted of misdemeanor domestic violence. Other categories include those adjudicated mentally incompetent or involuntarily committed.
Is there a mandatory minimum sentence for this charge?
Yes. For a convicted felon found in possession of any firearm, Virginia law imposes a mandatory minimum prison sentence of two years. This minimum cannot be suspended by the court, making the guidance of a seasoned criminal attorney essential.
Can the police search my car or home for a firearm without a warrant?
It depends. Police generally need a warrant, but exceptions exist, such as during a lawful arrest (search incident to arrest) or if they have probable cause and exigent circumstances. A defense lawyer can file a motion to suppress the firearm if the search violated your Fourth Amendment rights.
What if the firearm wasn’t on me but was in my house or car?
You can still be charged under the theory of “constructive possession.” This means the prosecution must prove you knew of the firearm’s presence and had the ability to control it. A strong defense often challenges the evidence supporting this knowledge and control.
Can a felony firearm charge be reduced to a misdemeanor?
It is possible in some cases, depending on the evidence, your history, and the prosecution’s case. An experienced criminal charges defense attorney can negotiate with the Commonwealth’s Attorney for a reduction to a lesser charge, such as a misdemeanor, to avoid the mandatory minimum sentence.
Where will my case be heard in Accomack County?
Felony charges begin with a preliminary hearing in the Accomack County General District Court. If probable cause is found, the case is sent to the Accomack County Circuit Court for trial. A misdemeanor charge would be handled entirely in General District Court.
Related Pages: For other serious charges, see our Virginia Criminal Lawyer hub. For defense in nearby areas, consider a criminal defense lawyer in Fairfax County. If you are also facing traffic charges, a reckless driving lawyer in Accomack can help.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.