Possession or Use of a Machine Gun Lawyer in Fairfax County, VA
Possession or use of a machine gun in Fairfax County is a serious felony under federal law (18 U.S.C. § 922(o)) and Virginia law (Va. Code § 18.2-288). Conviction can result in a mandatory minimum 5-year federal prison sentence. Law Offices Of SRIS, P.C. provides defense for these complex charges. Contact us 24/7 at (888) 437-7747.
Federal and state laws strictly prohibit the possession, transfer, or manufacture of machine guns for civilians, with very limited exceptions. If you are under investigation or have been charged, the consequences are severe and require immediate legal action from a possession or use of a machine gun lawyer Fairfax County.
What is a Machine Gun Under the Law?
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
The legal definition of a machine gun is broad and technical. Under federal law (26 U.S.C. § 5845(b)), a machine gun is 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:
- Fully automatic firearms.
- The frame or receiver of any such weapon.
- Any part designed and intended solely and exclusively for converting a weapon into a machine gun.
- Any combination of parts from which a machine gun can be assembled.
Virginia law (Va. Code § 18.2-288) incorporates this federal definition. Charges can arise from actual possession, constructive possession (knowledge of and ability to control the weapon), or even an attempt to possess. An automatic weapon charge defense lawyer Fairfax County must understand these technical definitions to challenge the prosecution’s case.
Legal Citations and Resources
Understanding the statutes is critical. The primary laws governing these charges are:
- Va. Code § 18.2-288 (Possession, sale, etc., of machine guns)
- Fairfax County General District Court (Initial hearings for state charges)
Federal charges are typically prosecuted in the U.S. District Court for the Eastern District of Virginia (Alexandria Division).
- Initial Investigation: Law enforcement may execute a search warrant based on tips, social media, or undercover operations.
- Arrest & Charges: You may be arrested on state charges in Fairfax County or detained on a federal warrant.
- Initial Appearance: For state charges, this is at Fairfax County General District Court. For federal charges, it is at the federal courthouse in Alexandria.
- Discovery & Motions: Your attorney will review all evidence, including forensic reports on the firearm, and file motions to suppress evidence if rights were violated.
- Plea Negotiations or Trial: Given the severe penalties, negotiations may focus on reducing charges. If no agreement is reached, the case proceeds to trial in Circuit Court (state) or District Court (federal).
Potential Penalties for Machine Gun Charges
In Fairfax County, possession or use of a machine gun is a Class 4 felony under state law, punishable by 2 to 10 years in prison and a fine up to $100,000. Federal penalties are more severe.
| Charge | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| State Possession (Va. Code § 18.2-288) | Class 4 Felony | 2 – 10 years | Up to $100,000 | Forfeiture of firearm, permanent felony record, loss of gun rights. |
| Federal Possession (18 U.S.C. § 922(o)) | Felony | Mandatory 5+ years, up to life for certain factors | Up to $250,000 | Federal supervised release, felony record, extreme sentencing guidelines. |
| Use in Crime of Violence (18 U.S.C. § 924(c)) | Felony | Mandatory minimum 30 years to life | Up to $250,000 | Sentence must run consecutively to any other sentence. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Complex Weapons Defense
Founded in 1997 by a former prosecutor, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex criminal defense. Our firm’s founding attorney has a background in accounting and information systems, providing a unique advantage in cases involving technical evidence like firearm mechanics. We approach each case with a collaborative model, ensuring multiple experienced attorneys review defense strategies.
For federal machine gun charges, Mr. Sris, the firm’s founder and a former prosecutor with multi-state bar admissions (VA, MD, DC, NJ, NY), personally oversees case strategy. His deep understanding of federal procedure and sentencing guidelines is essential for these high-stakes cases.
Case Results and Defense Approach
While every case is unique, our defense strategy for a machine gun possession lawyer Fairfax County case focuses on several key areas:
- Challenging the Definition: Was the firearm truly a “machine gun” as defined by law, or was it a semi-automatic weapon? We work with firearms experts to examine the evidence.
- Suppressing Evidence: Did law enforcement have a valid warrant? Was your Fourth Amendment right against unlawful search and seizure violated?
- Knowledge and Intent: Can the prosecution prove you knew the firearm was a machine gun? We challenge constructive possession theories.
- Exploring Defenses: Were you a licensed dealer with proper ATF documentation? Was the firearm an antique or pre-1986 transferable weapon registered under the NFA?
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C.
Fairfax Location — 4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Fairfax location serves clients throughout Fairfax County, including Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area. We are accessible for clients needing a possession or use of a machine gun lawyer Fairfax County. 24/7 phone consultations are available at (888) 437-7747; all office meetings are by appointment only.
FAQs: Machine Gun Charges in Fairfax County
What is the penalty for having a machine gun in Virginia?
It is a Class 4 felony, punishable by 2 to 10 years in prison and a fine up to $100,000 under Va. Code § 18.2-288. Federal penalties are more severe, with a mandatory 5-year minimum.
Can I legally own a machine gun in Virginia?
It depends. Civilian ownership is generally prohibited under federal law since 1986. Exceptions exist for weapons registered before May 19, 1986, which require extensive ATF paperwork, a tax stamp, and background checks.
What if I didn’t know the gun was fully automatic?
Lack of knowledge is a potential defense. The prosecution must prove you knew the firearm was a machine gun. An automatic weapon charge defense lawyer Fairfax County can challenge the evidence of your knowledge and intent, which is often a central issue in these cases.
Are bump stocks considered machine guns?
Yes. Following federal rule changes, bump stock devices are classified as machine gun parts under federal law. Possession of a bump stock can lead to the same severe charges as possession of a fully automatic firearm.
What should I do if I’m under investigation?
Do not speak to law enforcement without an attorney. Immediately contact a machine gun possession lawyer Fairfax County. Anything you say can be used against you. We can intervene during the investigation phase to protect your rights.
Related Practice Areas: If you are facing other serious charges, our firm also handles DUI defense in Fairfax and federal criminal cases.
Locations We Serve: We also defend clients in neighboring jurisdictions like Fairfax City and Falls Church.
Learn More: For a broader understanding of criminal defense in Virginia, visit our Virginia criminal defense hub page.
Page Last verified: April 2026. Laws change frequently. For the most current advice regarding your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Fairfax County cases follow the same route as the rest of the state, and our page on possession or use of a machine gun cases in Virginia explains each stage.
The same rules apply outside Fairfax, and our page on possession or use of a machine gun cases across Virginia walks through each stage.