Possession or Use of a Machine Gun Lawyer in Stafford County, VA
Possession or use of a machine gun in Stafford County is a serious felony under federal law (18 U.S.C. § 922(o)) and Virginia law (Va. Code § 18.2-288). Conviction can lead to a mandatory minimum 10-year federal prison sentence. Law Offices Of SRIS, P.C. provides defense for these complex charges. Our team includes former prosecutors with experience in both state and federal courts.
Statutory Definition of Machine Gun Charges
Both federal and Virginia law strictly prohibit the possession, use, or transfer of a machine gun without proper authorization, which is extremely limited. A machine gun is defined 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 the frame or receiver of any such weapon, any part designed and intended solely and exclusively for use in converting a weapon into a machine gun, or any combination of parts from which a machine gun can be assembled.
Last verified: April 2026 | Stafford County General District Court | Virginia General Assembly
Official Legal Resources
Understanding the statutes is critical. You can review the federal law at the U.S. Code § 922 (Cornell Legal Information Institute). For Virginia-specific procedures, the Stafford County General District Court website provides local rules and contact information.
Defense Strategy for Machine Gun Charges in Stafford County
These cases often involve both state and federal authorities. An initial hearing may occur at the Stafford County General District Court, but the case is typically adopted for federal prosecution. The key procedural fact is that these are almost always federal cases prosecuted by the U.S. Attorney’s Office for the Eastern District of Virginia. Defenses can challenge the legality of the search, the weapon’s classification, or whether the defendant had knowledge of the firearm’s automatic capability.
- Initial Arrest & Federal Detention: After arrest, you will likely have an initial appearance before a federal magistrate judge. A detention hearing will determine if you are held pending trial.
- Grand Jury Indictment: The prosecution must present evidence to a federal grand jury to obtain a formal indictment.
- Arraignment & Plea: You will be formally charged and enter a plea of not guilty, allowing time for investigation and motion filing.
- Pre-Trial Motions: Your attorney will file motions to suppress evidence, challenge the charges, or seek discovery of the prosecution’s case.
- Plea Negotiations or Trial: Given the severe penalties, plea negotiations are common but must be strategic. If no agreement is reached, the case proceeds to a federal jury trial.
- Sentencing: If convicted, sentencing follows federal guidelines, which mandate severe prison terms for machine gun offenses.
Potential Penalties for Machine Gun Offenses
In Stafford County and federal court, possession or use of a machine gun carries a mandatory minimum 10-year federal prison sentence, with a maximum of life, plus substantial fines and permanent loss of firearm rights.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of a Machine Gun | Federal Felony | 10 years to life (mandatory min.) | Up to $250,000 | Permanent firearm prohibition | Forfeiture of weapon, federal supervised release |
| Use of a Machine Gun in Crime of Violence | Federal Felony | 30 years to life (mandatory min.) | Up to $250,000 | Permanent firearm prohibition | Consecutive sentencing with other charges |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Federal Firearms Cases
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys, including former prosecutors, have combined experience handling complex state and federal criminal matters. We understand the interplay between state charges in Stafford County and subsequent federal prosecution. Mr. Sris, the firm’s founder, provides strategic oversight on serious federal matters, while attorneys like Matthew Greene bring decades of courtroom experience to the defense team.
Case Results & Client Advocacy
Our firm approaches each case with a focus on protecting your rights and freedom. We investigate all aspects of the charge, from the initial search and seizure to the forensic analysis of the firearm. We work to challenge the prosecution’s evidence and seek reductions or dismissals where possible.
Results may vary. Prior results do not aim for a similar outcome.
Local Defense for Stafford County Residents
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 facing federal charges originating in Stafford County, including those related to the possession or use of a machine gun. We are accessible via I-95 and Route 1. We provide 24/7 phone consultations — call (888) 437-7747 — with meetings by appointment only. We serve communities including Stafford, Aquia Harbour, and Brooke.
Frequently Asked Questions
What is considered a “machine gun” under the law?
It is any firearm that can fire more than one shot automatically with a single trigger pull. This includes conversion kits or parts intended to make a semi-automatic weapon fully automatic.
Can I legally own a machine gun in Virginia?
It depends, but it is highly restricted. Ownership is generally prohibited under federal law since 1986, with very narrow exceptions for weapons registered before May 19, 1986, which require an extensive federal background check, tax stamp, and approval from local law enforcement.
What should I do if I’m charged with possession of a machine gun?
Do not speak to investigators without an attorney. Contact a criminal defense lawyer experienced in federal firearms law immediately. These charges are extremely serious and carry mandatory prison sentences.
What’s the difference between state and federal charges for this crime?
While Virginia has its own statutes, possession or use of a machine gun is almost always prosecuted federally due to stricter penalties and mandatory minimum sentences. You will face charges in U.S. District Court, not Stafford County Circuit Court.
What are possible defenses to a machine gun charge?
Defenses may include challenging the legality of the search that found the weapon, arguing the firearm was not actually a machine gun, proving lack of knowledge that the weapon was automatic, or asserting that the parts were not intended for conversion.
Related Practice Areas: If you are facing other charges, our firm also handles general criminal defense in Stafford County and federal criminal defense.
More Locations: We also assist clients in nearby areas like Prince William County.
Statewide Information: For more on Virginia criminal law, visit our Virginia criminal defense hub page.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
If you want to see how a Stafford County case fits into the wider process, our page on possession or use of a machine gun lawyer Virginia covers it from start to finish.