Possession of an Unregistered Firearm Lawyer in Colonial Heights, Virginia
Possession of an unregistered firearm in Colonial Heights is a serious federal offense under the National Firearms Act (NFA), prosecuted in U.S. District Court. Conviction can mean up to 10 years in federal prison, substantial fines, and a permanent felony record. Law Offices Of SRIS, P.C.
Federal Law on Unregistered Firearms
Federal law, specifically the National Firearms Act (NFA) codified in 26 U.S.C. Chapter 53, strictly regulates certain categories of firearms. These include short-barreled rifles (SBRs), short-barreled shotguns (SBSs), machine guns, silencers (suppressors), and destructive devices. The law requires these items to be registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Possession of an unregistered NFA firearm is a felony under 26 U.S.C. § 5861.
Last verified: April 2026 | U.S. District Court for the Eastern District of Virginia, Richmond Division | Federal Sentencing Guidelines
Founded in 1997, our firm has handled complex federal weapon charges. Mr. Sris, our managing attorney, brings a strategic perspective to these cases, which are investigated by the ATF and prosecuted by the U.S. Attorney’s Office.
Penalties for NFA Violations in Federal Court
In the federal system, possession of an unregistered firearm under the NFA is a felony punishable by up to 10 years in federal prison, a fine of up to $250,000, and three years of supervised release.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Unregistered NFA Firearm (26 U.S.C. § 5861(d)) | Federal Felony | Up to 10 years | Up to $250,000 | Loss of firearm rights; ineligible for federal licenses | Forfeiture of firearm; permanent felony record; supervised release |
| Making an NFA Firearm Without Registration (26 U.S.C. § 5861(f)) | Federal Felony | Up to 10 years | Up to $250,000 | Same as above | Same as above; enhanced if linked to other crimes |
Results may vary. Prior results do not aim for a similar outcome.
Our Defense Strategy for Unregistered Firearm Charges
Defending against federal NFA charges requires a detailed understanding of both the law and the evidence. The prosecution must prove you knowingly possessed a firearm that meets the NFA’s definition and that it was not registered to you. Our defense may challenge whether the item is actually an NFA firearm, examine the legality of the search and seizure, investigate your knowledge of the item’s status, or explore potential registration errors.
- Initial Case Review & Investigation: We immediately secure all evidence, including the firearm, ATF reports, and search warrant affidavits, to assess the strength of the government’s case.
- Motion to Suppress: If the firearm was seized during a search, we file motions to suppress evidence obtained in violation of the Fourth Amendment.
- Challenge the NFA Classification: We work with firearms experts to determine if the item truly meets the legal definition of an NFA firearm (e.g., barrel length, functionality).
- Negotiation & Litigation: We engage with the U.S. Attorney’s Office to seek a favorable plea agreement, such as reduction to a non-NFA charge. If necessary, we prepare for trial, challenging every element the government must prove.
- Sentencing Advocacy: If a conviction occurs, we advocate vigorously at sentencing, presenting mitigating factors to argue for a sentence below the federal guidelines.
Why Choose Our Firm for Your Firearms Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have over 120 years of combined legal experience. We have a documented record of favorable outcomes in complex cases. Our founder, Mr. Sris, is a former prosecutor with a background that provides an advantage in dissecting complex evidence. For federal firearm charges, Matthew Greene, with over 30 years of experience including former death penalty certification, is a key resource on our defense team.
Case Results & Client Advocacy
Our firm has a documented history of achieving favorable results for clients facing serious charges. While every case is unique, our approach is consistently thorough and aggressive. We focus on protecting your rights and freedom from the initial investigation through trial or resolution.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C. | Colonial Heights Firearms Defense
Richmond Location
7400 Beaufont Springs Dr, Suite 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804) 477-1726
By appointment only.
Our Richmond location serves clients in Colonial Heights and represents individuals at the Colonial Heights courts and the federal courthouse in Richmond. We are accessible via I-95 and I-295. Serving Colonial Heights and surrounding communities. 24/7 phone consultations — meetings by appointment only.
FAQs: Possession of an Unregistered Firearm Charges
What is considered an “unregistered firearm” under federal law?
It depends. The term refers to firearms regulated by the National Firearms Act (NFA) that are not properly registered with the ATF. This includes machine guns, short-barreled rifles/shotguns, silencers, and destructive devices. Simple possession of an unregistered item in this category is a felony.
Can I be charged in Virginia state court for an unregistered NFA item?
Yes. While the NFA is federal, Virginia has its own laws, like Va. Code § 18.2-299, prohibiting possession of certain NFA items (e.g., sawed-off shotguns). You could face separate state charges in Colonial Heights General District or Circuit Court also to federal charges.
What are common defenses to an NFA violation charge?
Common defenses include challenging the legality of the search that found the firearm, arguing you lacked knowledge the item was an NFA firearm, proving the item does not meet the NFA’s technical definitions, or showing the firearm was properly registered to someone else. An NFA violation defense lawyer Colonial Heights can identify the best strategy.
What should I do if I’m under investigation for a firearms charge?
Do not speak to law enforcement, including ATF agents, without an attorney present. Politely decline to answer questions and immediately contact a defense lawyer. Anything you say can be used against you. An unregistered weapon charge lawyer Colonial Heights can intervene during the investigation phase.
What is the difference between federal and state court for gun charges?
Federal court involves U.S. prosecutors, federal judges, and the Federal Sentencing Guidelines, which often mean longer sentences with no parole. State court in Colonial Heights involves Virginia prosecutors and judges, with different procedures and penalties. A single act can lead to charges in both systems.
Related Legal Resources
- Virginia Criminal Defense Lawyer
- Criminal Defense Lawyer in Chesterfield County
- Federal Criminal Lawyer in Colonial Heights
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding possession of an unregistered firearm.