Possession or Use of a Machine Gun Lawyer Arlington County — What Are Your Defenses?
Possession or use of a machine gun in Arlington County is a severe federal and state felony under 18 U.S.C. § 922(o) and Va. Code § 18.2-288, carrying mandatory minimum sentences. Law Offices Of SRIS, P.C. provides defense for these charges in Arlington County General District and Circuit Courts. Our team includes former prosecutors with experience in complex firearm cases.
Statutory Definition of Machine Gun Charges
Under Virginia law, 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 designed and intended for use in assembling a machine gun. The federal definition under the National Firearms Act (NFA) is similar and is strictly enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Charges can arise from simple possession, attempted use, or even constructive possession where the firearm’s components are found.
Last verified: April 2026 | Arlington County General District Court | Virginia General Assembly
Official Legal Resources
Understanding the statutes is critical. You can review the Virginia code section on machine guns at the Virginia General Assembly website. For local court procedures and filing information, visit the Arlington County General District Court website.
Local Court Process for Machine Gun Charges in Arlington County
Machine gun charges in Arlington County are prosecuted aggressively, often involving both state and federal authorities. The Arlington County Commonwealth’s Attorney coordinates with federal agencies like the ATF. Initial appearances for state-level charges are at the Arlington County General District Court. Given the severity, cases frequently proceed to the Arlington County Circuit Court for felony jury trials. The court considers factors like the weapon’s operability, the defendant’s intent, and prior criminal history.
- Initial Arrest and Bond Hearing: You will be held without bond or face a high secured bond. A hearing is set in Arlington County General District Court.
- Preliminary Hearing (if a felony): The Commonwealth must show probable cause that a crime was committed and you likely committed it.
- Grand Jury Indictment: For felony charges, a grand jury in Arlington County Circuit Court will review evidence and issue an indictment.
- Arraignment in Circuit Court: You will formally hear the charges and enter a plea of not guilty.
- Pre-Trial Motions and Discovery: Your attorney will file motions to suppress evidence and challenge the legality of the search, seizure, or arrest.
- Trial or Plea Negotiation: The case proceeds to a jury trial or, if in your best interest, your attorney negotiates a plea to a lesser offense.
Potential Penalties for Machine Gun Offenses
In Arlington County, possession or use of a machine gun is a Class 4 felony under Va. Code § 18.2-288, punishable by 2 to 10 years in prison and a fine up to $100,000. Federal charges under 18 U.S.C. § 922(o) carry a mandatory minimum of 5 years up to life, depending on prior convictions and the weapon’s use.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of a Machine Gun (VA) | Class 4 Felony | 2 – 10 years | Up to $100,000 | Loss of firearm rights permanently | Forfeiture of weapon, federal investigation likely |
| Use of a Machine Gun in a Felony (VA) | Class 2 Felony | 20 years to life | Up to $100,000 | Loss of firearm rights permanently | Mandatory minimum sentences apply |
| Unlawful Possession (Federal – 18 U.S.C. § 922(o)) | Federal Felony | 5 years to life (mandatory min.) | Up to $250,000 | Federal felony record, loss of all rights | Asset forfeiture, supervised release after prison |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our founding attorney, Mr. Sris, is a former prosecutor who understands the tactics used by the Commonwealth. We have a documented record of handling complex firearm cases. Our approach is direct: we analyze the evidence, identify weaknesses in the prosecution’s case, and build a strong defense strategy focused on protecting your future.
Our team includes Mr. Sris, the firm’s founder and a former prosecutor with a multi-state practice. His background provides strategic insight into both state and federal firearm prosecutions.
Documented Case Results
While every case is unique, our firm has a history of achieving favorable outcomes in serious felony cases. We have secured dismissals, not guilty verdicts, and reductions of charges through meticulous case preparation and aggressive advocacy. In weapon-related cases, successful defenses often involve challenging the legality of searches, the operability of the firearm, and the prosecution’s ability to prove knowledge and intent.
Results may vary. Prior results do not aim for a similar outcome.
Arlington County Machine Gun Defense Lawyer Near You
Our Arlington location serves clients facing charges at the Arlington County General District Court and Circuit Court. We are accessible to neighborhoods including Crystal City, Rosslyn, Clarendon, Ballston, and Pentagon City.
Law Offices Of SRIS, P.C.
Arlington Location — 1655 Fort Myer Dr, Suite 700, Room No. 719
Arlington, VA 22209
By appointment only.
Availability: 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 273-4104 — meetings by appointment only.
Frequently Asked Questions
What is considered a “machine gun” under Virginia law?
Yes. Virginia law defines it as any firearm that can shoot more than one shot automatically with a single trigger pull. This includes conversion kits or parts intended to make a semi-automatic firearm fully automatic.
Can I be charged at both the state and federal level for the same machine gun?
It depends. Dual sovereignty allows both state and federal governments to prosecute for the same act if it violates both sets of laws. It is common for the ATF to take over or jointly prosecute serious firearm offenses in Arlington County due to its proximity to Washington D.C.
What are common defenses to a machine gun possession charge?
Common defenses include challenging the legality of the search that found the weapon, proving you lacked knowledge the firearm was in your possession or was automatic, arguing the weapon was not operable, or demonstrating you had a valid National Firearms Act (NFA) registration (which is extremely rare for civilians).
Is there a mandatory minimum sentence for machine gun possession in Virginia?
No, for standalone possession under Va. Code § 18.2-288, there is no mandatory minimum; sentencing is within the 2-10 year range. However, if the machine gun is used in the commission of another felony, mandatory minimums of 3 to 5 years for the underlying felony often apply.
Should I hire an automatic weapon charge defense lawyer Arlington County?
Yes. These charges are among the most serious. An experienced automatic weapon charge defense lawyer Arlington County can handle the complex interplay between state and federal law, challenge evidence, and work to avoid the devastating mandatory sentences associated with a conviction.
What should I look for in a machine gun possession lawyer Arlington County?
You need a machine gun possession lawyer Arlington County with specific experience in federal firearm laws and Virginia weapon statutes. Look for a firm with former prosecutors who understand both sides and a track record of handling complex, high-stakes felony cases in Arlington County courts.
Related Legal Information
If you are facing other serious charges, our firm also handles federal criminal defense in Arlington County. For broader defense needs, see our Virginia criminal defense hub. We also assist clients in neighboring jurisdictions like Alexandria City.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding possession or use of a machine gun lawyer Arlington County services.
For the full picture beyond Arlington County, our page on possession or use of a machine gun cases in Virginia covers the process end to end.