Covington VA Firearm By Felon Lawyer — What Are Your Defense Options?
A firearm by felon charge in Covington, VA, is a serious felony under Va. Code § 18.2-308.2, carrying a mandatory minimum sentence. Law Offices Of SRIS, P.C. provides strong defense for these charges. Our Covington VA firearm by felon lawyer understands the local court procedures and can build a case-specific defense strategy. Contact us for a 24/7 consultation.
Virginia Law on Firearm Possession by a Convicted Felon
Virginia law strictly prohibits any person who has been convicted of a felony from knowingly possessing, transporting, or carrying any firearm. This offense is defined under Va. Code § 18.2-308.2. The statute applies regardless of whether the firearm is operational. A prior felony conviction from any state or federal court triggers this prohibition. The charge is a separate Class 6 felony, punishable by 1 to 5 years in prison, with a mandatory minimum of two years for a second or subsequent offense. The law’s intent is to prevent individuals deemed dangerous due to past criminal conduct from accessing weapons.
Last verified: April 2026 | Covington General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the statute, refer to the official Virginia Code § 18.2-308.2. For local court procedures and forms, visit the Covington General District Court website.
Defending a Firearm by Felon Charge in Covington
In Covington General District Court, prosecutors treat firearm by felon charges with high priority. A strong defense often hinges on challenging the legality of the search that discovered the weapon or questioning whether the defendant had actual knowledge and control of the firearm. Our weapons attorney analyzes every detail, from police reports to chain of custody, to identify weaknesses in the prosecution’s case.
- Initial Consultation: Discuss the arrest details and your prior record confidentially with your firearms defense lawyer.
- Evidence Review: Your lawyer will obtain and scrutinize all police reports, witness statements, and forensic evidence.
- Motion Filing: If the search was illegal, your attorney may file a motion to suppress the firearm evidence, which can lead to case dismissal.
- Preliminary Hearing: In felony cases, this hearing in General District Court tests the prosecution’s evidence before potential transfer to Circuit Court.
- Negotiation or Trial: Your gun charges lawyer will pursue a favorable plea agreement or prepare for a jury trial in Alleghany County Circuit Court.
Potential Penalties for a Firearm by Felon Conviction
In Covington, a firearm by felon conviction is a Class 6 felony carrying 1 to 5 years in prison and a fine up to $2,500, with a mandatory minimum sentence for repeat offenses.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Firearm Possession by Convicted Felon (First Offense) | Class 6 Felony | 1 – 5 years | Up to $2,500 | Loss of firearm rights permanently | Felony record, difficulty finding employment/housing |
| Firearm Possession by Convicted Felon (Subsequent Offense) | Class 6 Felony | Mandatory minimum 2 years, up to 5 years | Up to $2,500 | Loss of firearm rights permanently | Enhanced felony record, stricter parole eligibility |
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 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. We have a documented record of handling complex weapon offense defense cases. Our approach is built on thorough case preparation and a deep understanding of Virginia’s firearm laws.
Case Results
Our firm has a firm-wide record of 4,739+ documented case results across VA, MD, NJ, NY, and DC, with a favorable outcome rate of 93%+. In firearm-related cases, our defense strategies have led to dismissals, reduced charges, and favorable plea agreements. Mr. Sris, the firm’s founder, provides strategic oversight on complex cases, ensuring every defense is strong.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Covington VA Firearm By Felon Lawyer
Our Shenandoah Valley location is approximately 45 minutes from Covington General District Court, accessible via I-64 and I-81. We are a firearm by felon lawyer near Covington, serving Covington and surrounding communities.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417 | Local: (540) 459-6190 — meetings by appointment only.
Law Offices Of SRIS, P.C.
Shenandoah Valley Location — 505 N Main St, Ste 103
Woodstock, VA 22664
By appointment only.
Frequently Asked Questions
What is considered “possession” of a firearm under this law?
It depends. Virginia recognizes both actual possession (the firearm is on your person) and constructive possession (you know of the firearm and have control over the area where it’s found, like a car or home). The prosecution must prove you knew the firearm was there and had the ability to control it.
Can a prior felony conviction from another state count?
Yes. Va. Code § 18.2-308.2 applies to convictions for any felony under the laws of any state or the United States. The out-of-state felony does not need to have a direct Virginia equivalent to trigger the firearm prohibition.
Are there any defenses to this charge?
Yes. Common defenses include challenging the legality of the search (Fourth Amendment violation), arguing a lack of knowledge or control over the firearm, proving the prior conviction was not a felony, or asserting that your civil rights had been restored. A skilled Covington VA firearm by felon lawyer can evaluate which defense applies to your case.
What is the mandatory minimum sentence?
For a first-time conviction under § 18.2-308.2, there is no mandatory minimum prison sentence; the judge has discretion within the 1-to-5-year range. However, a second or subsequent conviction carries a mandatory minimum sentence of two years in prison.
Can I ever legally own a firearm again after a felony?
It is very difficult. Virginia law generally imposes a lifetime ban. The only potential path is to have your civil rights restored by the Governor of Virginia and then seek a pardon specifically for the firearm prohibition, which is rarely granted. Federal law also imposes a separate, often permanent ban.