Alleghany VA Possession Of An Unregistered Firearm Lawyer — What Are Your Defense Options?
Possession of an unregistered firearm in Alleghany County is a serious offense under Virginia law, often charged as a felony with severe penalties. As your criminal attorney, Law Offices Of SRIS, P.C. provides a strong defense. Our defense lawyer team has handled firearm cases in the Alleghany County General District Court. We offer 24/7 phone consultations at (888) 437-7747 to discuss your specific situation.
Virginia Law on Unregistered Firearms
Virginia does not have a statewide firearm registration requirement for most guns. However, “possession of an unregistered firearm” charges typically arise in two contexts under Virginia law: possession of a firearm by a convicted felon (Va. Code § 18.2-308.2) or possession of a sawed-off shotgun or rifle (Va. Code § 18.2-300). Both are serious felony charges. A machine gun must also be registered under the National Firearms Act. The legal definition hinges on the defendant’s status and the specific type of weapon.
Last verified: April 2026 | Alleghany County General District Court | Virginia General Assembly
Official Legal Resources
For the exact text of the law, refer to the Va. Code § 18.2-308.2 (possession of firearm by convicted felon). For local court procedures, visit the Alleghany County General District Court website.
Local Court Process for Firearm Charges
In Alleghany County, firearm charges are handled seriously. A possession of an unregistered firearm charge for a felon is a Class 6 felony, heard initially in General District Court for a preliminary hearing before potentially moving to Circuit Court for trial. The prosecution must prove you knowingly possessed the firearm and that you have a prior felony conviction. An experienced criminal court lawyer can challenge the evidence of possession or the validity of the prior conviction.
- Arraignment: You will be formally charged and enter a plea in General District Court.
- Preliminary Hearing: For felony charges, the court determines if there is probable cause to send the case to Circuit Court.
- Discovery & Motions: Your attorney obtains evidence and may file motions to suppress evidence or dismiss charges.
- Trial or Plea Negotiation: Your case may proceed to trial or be resolved through a negotiated plea agreement.
- Sentencing: If convicted, the judge will impose a sentence based on Virginia’s sentencing guidelines.
Potential Penalties for Firearm Charges
In Alleghany, possession of a firearm by a convicted felon is a Class 6 felony carrying 1 to 5 years in prison, or at the jury’s discretion, up to 12 months in jail and a fine up to $2,500.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Firearm by Convicted Felon | Class 6 Felony | 1-5 years (or up to 12 months) | Up to $2,500 | Loss of firearm rights | Permanent felony record |
| Possession of Sawed-off Shotgun | Class 4 Felony | 2-10 years | Up to $100,000 | Loss of firearm rights | Federal charges possible |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our team brings a combined 120+ years of legal experience to every case. We have a documented record of over firm-wide 4,739 case results with a favorable outcome rate exceeding 93%. Our founding attorney, Mr. Sris, is a former prosecutor with a background that provides a strategic advantage in building defenses against serious criminal charges like firearm possession.
Case Results in Alleghany County
Our firm has achieved positive outcomes for clients in Alleghany County courts. For example, we have secured dismissals for charges like 79/70 speeding and obtained reductions from reckless driving to improper driving. While every case is unique, these results demonstrate our active work in the local jurisdiction. Our secondary attorney on complex cases, Mr. Sris, is a former prosecutor who founded the firm and provides strategic oversight.
Results may vary. Prior results do not aim for a similar outcome.
Alleghany County Firearm Defense Lawyer Near You
Our Shenandoah Valley location in Woodstock serves Alleghany County and is accessible via I-81. If you need a possession of an unregistered firearm lawyer near the Alleghany County Courthouse in Covington, we are here to help. We serve clients in Alleghany and surrounding communities.
Available 24/7: Toll-Free: (888) 437-7747 | Local: (703) 636-5417 | Local: (540) 535-0355
Meetings: By appointment only at our Shenandoah/Woodstock location.
Law Offices Of SRIS, P.C.
505 N Main St, Suite 103
Woodstock, VA 22664
By appointment only.
Frequently Asked Questions
Is possession of an unregistered firearm always a felony in Virginia?
No. Simple possession of an unregistered firearm is not a standalone charge for most individuals. The felony charges arise from possession by a prohibited person (like a felon) or possession of a specifically banned weapon (like a sawed-off shotgun).
What is the best defense against a charge of possession by a felon?
It depends on the facts. Common defenses include challenging whether you actually “possessed” the firearm, the legality of the search that found it, or the validity of the prior felony conviction. A criminal charges defense attorney can analyze the evidence for weaknesses.
Can I get probation for a first-time firearm charge?
It depends on the specific charge and your history. For a Class 6 felony, probation is possible, but judges are often strict. Having a strong criminal attorney to advocate for alternatives to incarceration is crucial.
How long does a felony firearm case take?
A typical felony case in Virginia can take 3 to 9 months from arrest to trial in Circuit Court. The initial preliminary hearing in General District Court usually occurs within 21 to 60 days of arrest.
Will I go to jail if convicted?
For a Class 6 felony conviction, Virginia sentencing guidelines recommend some period of incarceration. However, a skilled defense lawyer can argue for mitigated sentences, such as suspended time or alternative programs, depending on the circumstances.