Possession or Use of a Machine Gun Lawyer Fairfax — Federal Defense
Possession or use of a machine gun in Fairfax County is a federal felony under 18 U.S.C. § 922(o) and the National Firearms Act (NFA), punishable by up to 10 years in prison. Law Offices Of SRIS, P.C. provides defense for these serious charges.
Federal Law on Machine Guns
Federal law strictly prohibits the possession, transfer, or use of machine guns manufactured after May 19, 1986. The primary statutes are the National Firearms Act (NFA) and 18 U.S.C. § 922(o). 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 conversion devices, like auto-sears or “Glock switches,” that convert a semi-automatic firearm into a machine gun.
Last verified: April 2026 | Federal District Court for the Eastern District of Virginia | U.S. Code.
Official Legal Resources
For the exact text of the federal laws, you can review the U.S. Code § 922 (unlawful acts). The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) website provides regulatory guidance on the National Firearms Act.
Defense Strategy for Machine Gun Charges in Fairfax
Defending against a machine gun charge requires immediate action. The ATF and federal prosecutors in the Eastern District of Virginia aggressively pursue these cases. A key local procedural fact is that many charges stem from social media posts, traffic stops where a firearm is found, or purchases of regulated parts online. An automatic weapon charge defense lawyer Fairfax must challenge the legality of the search, the intent to possess, and whether the device actually meets the legal definition of a machine gun.
- Immediate Legal Intervention: Do not speak to investigators. Contact a federal defense attorney immediately to protect your rights.
- Investigation & Discovery: Your lawyer will obtain all evidence, including ATF reports, forensic analysis, and communication records.
- Motion to Suppress: If the evidence was obtained through an illegal search or seizure, file a motion to suppress to have it thrown out.
- Challenge the Classification: Work with independent experts to contest whether the firearm or device is legally a machine gun under the NFA.
- Negotiation or Trial: Based on the evidence, your attorney will negotiate for a reduction or dismissal, or prepare a vigorous defense for trial.
Potential Penalties for Machine Gun Offenses
In Fairfax County, possession or use of a machine gun is a federal felony with a mandatory minimum sentence and severe fines.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Possession of a Machine Gun | Federal Felony | Up to 10 years | Up to $250,000 | Forfeiture of firearm, permanent loss of gun rights, felony record. |
| Use of a Machine Gun in a Crime of Violence | Federal Felony | 30-year mandatory minimum to life | Up to $250,000 | Consecutive sentencing with other charges. |
| Transfer/Manufacture of a Machine Gun | Federal Felony | Up to 10 years | Up to $250,000 | ATF regulatory violations, additional tax charges. |
Results may vary. Prior results do not aim for a similar outcome.
Our Federal Defense Experience
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys include former prosecutors with deep knowledge of federal courts. Mr. Sris, the firm’s founder, personally handles complex federal cases alongside Matthew Greene, who has over 30 years of experience, including defense work on serious federal charges. We understand the high stakes of federal weapon charges and build defenses focused on the specific facts and law of your case.
Case Results
Our firm has a documented history of achieving favorable outcomes in complex cases. While every case is unique, our approach is thorough and aggressive. For instance, our team has successfully challenged evidence in federal weapon cases, skilled to reduced charges or dismissals.
Results may vary. Prior results do not aim for a similar outcome.
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 involved in federal cases at the nearby Alexandria federal courthouse. We represent individuals from Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area. If you need a machine gun possession lawyer Fairfax, call for a 24/7 phone consultation.
FAQs: Machine Gun Charges in Fairfax
What is considered a machine gun under federal law?
It is any firearm that shoots more than one shot automatically with a single trigger pull. This includes conversion devices like auto-sears or “Glock switches” that modify a legal firearm.
Can I legally own a machine gun in Virginia?
It depends. Federal law prohibits possession of machine guns made after 1986. Ownership of pre-1986 registered machine guns is possible but involves an extensive ATF background check, tax stamp, and registration under the National Firearms Act.
What should I do if the ATF contacts me?
Do not answer any questions. Politely state you wish to speak with an attorney. Immediately contact a federal criminal defense lawyer. Anything you say can be used against you in a criminal prosecution.
What are the defenses to a machine gun charge?
Common defenses include challenging the legality of the search (Fourth Amendment), arguing lack of knowledge or intent to possess an illegal weapon, and contesting the ATF’s classification of the device as a machine gun through experienced testimony.
Why do I need a lawyer for a possession or use of a machine gun charge?
These are serious federal felonies with mandatory minimum sentences. An experienced automatic weapon charge defense lawyer Fairfax can protect your rights, challenge the government’s evidence, and work toward the best possible outcome, which could mean avoiding a lengthy prison term.
Related Legal Information
If you are facing other federal charges, you may need a federal criminal lawyer in Fairfax County. For state-level firearm charges, see our page on criminal defense in Fairfax. Learn more about our firm’s approach on our Virginia federal criminal defense hub page.
Last verified: April 2026. Federal laws and procedures can change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding a possession or use of a machine gun charge.