Possession Or Use Of A Machine Gun Lawyer Virginia — What Are Your Federal Defense Options?
Federal charges for the possession or use of a machine gun in Virginia carry severe mandatory minimum sentences under 18 U.S.C. § 922(o). A conviction can result in a decade or more in federal prison. Law Offices Of SRIS, P.C. provides immediate legal help from attorneys experienced in federal court.
Federal Law on Machine Guns in Virginia
The possession, transfer, or use of a machine gun is almost universally prohibited under federal law, with very narrow exceptions for weapons lawfully possessed before May 19, 1986. The primary statute is 18 U.S.C. § 922(o), which makes it unlawful for any person to transfer or possess a machine gun. This federal prohibition applies uniformly across all states, including Virginia. Prosecutions are typically handled by the United States Attorney’s Office for the Eastern District of Virginia (EDVA) or the Western District of Virginia (WDVA).
Last verified: April 2026 | Federal District Courts of Virginia | U.S. Code
Founded in 1997 by former prosecutor Mr. Sris, our firm has over 120 years of combined legal experience handling complex federal cases. We understand the gravity of federal weapons charges and the aggressive tactics of federal prosecutors.
Official Legal Resources
For the exact text of the federal law, see 18 U.S.C. § 922 (official U.S. Code). For information on federal court procedures in Virginia, visit the U.S. District Court for the Eastern District of Virginia website.
handling Federal Machine Gun Charges
Federal charges for possession or use of a machine gun are pursued vigorously. The key local procedural fact is that these cases are investigated by the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) and prosecuted in federal court, not state court. Defense strategy must address federal sentencing guidelines and mandatory minimums from the outset.
- Initial Investigation & Arrest: The case typically begins with an ATF investigation, which may involve undercover operations, surveillance, or forensic analysis of the firearm.
- Federal Indictment: A grand jury issues an indictment. You will be arraigned in U.S. District Court, where you enter a plea.
- Pre-Trial Motions & Discovery: Your attorney will file motions to challenge evidence and review all discovery provided by the prosecution.
- Plea Negotiations or Trial: The vast majority of federal cases end in a plea agreement. If no agreement is reached, the case proceeds to a jury trial.
- Sentencing: If convicted, sentencing follows federal guidelines, which include mandatory minimums for certain machine gun offenses.
Potential Penalties for Possession or Use of a Machine Gun
In Virginia, federal charges for possession or use of a machine gun can result in a mandatory minimum sentence of 10 years in prison, with a maximum of life, plus substantial fines.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Possession of a Machine Gun | Federal Felony | Up to 10 years* | Up to $250,000 | Forfeiture of firearm, permanent loss of gun rights, felony record. |
| Use of a Machine Gun in Crime of Violence/Drug Trafficking | Federal Felony | 30 years to Life (mandatory min.) | Up to $250,000 | Consecutive sentence to underlying crime, severe sentencing enhancements. |
| Transfer or Manufacture of a Machine Gun | Federal Felony | Up to 10 years* | Up to $250,000 | ATF regulatory violations, additional charges for unlicensed dealing. |
*Under 18 U.S.C. § 924(c), penalties escalate dramatically if the machine gun is used in connection with another felony.
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Federal Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys bring a former prosecutor’s insight into the government’s strategy. We have a documented record of handling complex federal criminal matters. Mr. Sris, the firm’s founder, maintains a selective caseload to provide focused attention on serious charges like those involving machine guns. For a possession or use of a machine gun lawyer in Virginia, our team understands the high stakes and the federal system.
Case Results & Client Advocacy
Our firm-wide track record across VA, MD, NJ, NY, and DC includes 4,739+ documented results with a 93%+ favorable outcome rate. While every case is unique, our team aggressively challenges the government’s evidence, files substantive pre-trial motions, and negotiates from a position of strength. In federal cases, having an attorney like Matthew Greene, with over 30 years of experience including former death penalty certification, can be a critical advantage.
Results may vary. Prior results do not aim for a similar outcome.
Contact a Possession Or Use Of A Machine Gun Lawyer Virginia
If you need a possession or use of a machine gun lawyer in Virginia, time is of the essence. Federal investigations move quickly. Our Virginia location is centrally positioned to serve clients across the state facing federal charges.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
We offer 24/7 phone consultations. Meetings are by appointment only at our Fairfax location. We serve all Virginia communities.
FAQs: Federal Machine Gun Charges in Virginia
Is possession of a machine gun always a federal crime?
Yes, with extremely limited exceptions. Under 18 U.S.C. § 922(o), possession of a machine gun not lawfully registered before May 1986 is a federal felony, regardless of Virginia state law.
What is the mandatory minimum sentence?
It depends on the specific charge. Simple possession can carry up to 10 years. However, if the machine gun is used in a crime of violence or drug trafficking, 18 U.S.C. § 924(c) imposes a mandatory minimum of 30 years, which must run consecutively to any other sentence.
Can I get a legal consultation before I am charged?
Yes. If you are under investigation by the ATF or believe you may be, seeking immediate legal help is crucial. An attorney can advise you during the investigation phase, which can significantly impact the outcome.
What are common defenses to these charges?
Defenses may include challenging the legality of the search and seizure (Fourth Amendment), arguing the firearm does not meet the legal definition of a “machine gun,” lack of knowledge (you didn’t know it was automatic), or asserting an applicable historical exemption. Each case requires a detailed review.
How is a “machine gun” defined under federal law?
The National Firearms Act (NFA) defines a machine gun as any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manual reloading, by a single function of the trigger. This includes conversion parts (like auto-sears) and frames or receivers.
A possession or use of a machine gun case is one part of weapons & firearms work, and our page on unlawful dealing in firearms lawyer Virginia covers the wider process.