Possession or Use of a Machine Gun Lawyer Prince William County — Federal & State Defense
Possession or use of a machine gun in Prince William County is a severe felony under both federal law (18 U.S.C. § 922(o)) and Virginia law (Va. Code § 18.2-288), carrying mandatory minimum sentences. Law Offices Of SRIS, P.C. provides defense for these complex charges, which are prosecuted aggressively in federal court and locally.
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 from which a machine gun can be assembled. The primary statute is Va. Code § 18.2-288. Federally, the National Firearms Act (NFA) and the Gun Control Act strictly regulate machine guns under 18 U.S.C. § 922(o), making it unlawful to transfer or possess a machine gun not lawfully possessed before May 19, 1986.
Last verified: April 2026 | Prince William County General District Court & U.S. District Court for the Eastern District of Virginia | Virginia General Assembly
External Legal Resources
- Va. Code § 18.2-288 (official Virginia General Assembly)
- U.S. District Court for the Eastern District of Virginia (official court website)
Insider Procedural Edge in Prince William County
Machine gun charges in Prince William County often originate from joint task forces involving the ATF and local police, skilled to federal prosecution. The Commonwealth’s Attorney for Prince William County may also pursue state charges concurrently. A key defense angle involves challenging whether the weapon meets the precise legal definition of a “machine gun” or if it was improperly modified. The forensic analysis of the firearm is critical.
- Initial Investigation & Arrest: You may be contacted by ATF agents or local police. Do not answer questions without an attorney present. The investigation will focus on the weapon’s origin, modifications, and your knowledge of its capabilities.
- Federal or State Charges Filed: Charges are filed via indictment (federal) or direct indictment/circuit court information (state). You will be arraigned, and bail conditions will be set, often requiring significant secured bond.
- Discovery & Motion Phase: Your attorney will obtain all forensic reports, ATF examination results, and any surveillance or statements. Critical motions may challenge the search, seizure, or the ATF’s classification of the firearm.
- Plea Negotiations or Trial: Given the severe penalties, negotiations may focus on reducing charges to a non-machine gun offense. If no agreement is reached, the case proceeds to a jury trial in federal or state circuit court.
- Sentencing: Federal sentences for machine gun possession carry mandatory minimums under the Armed Career Criminal Act (ACCA) if applicable. Virginia state sentences also carry mandatory active time.
Potential Penalties for Machine Gun Charges
In Prince William County, possession or use of a machine gun is a Class 4 felony under state law, punishable by 2 to 10 years in prison and a fine up to $100,000. Federal penalties are typically more severe, with a potential 10-year mandatory minimum sentence.
| Charge | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Machine Gun (VA) | Class 4 Felony | 2-10 years (mandatory minimum may apply) | Up to $100,000 | Loss of firearm rights permanently | Forfeiture of weapon; federal prosecution likely |
| Use of Machine Gun in Felony (VA) | Class 2 Felony | 20 years to life (mandatory minimum 3 years) | Up to $100,000 | Loss of firearm rights permanently | Forfeiture of weapon; consecutive sentencing |
| Possession of Unregistered Machine Gun (Federal) | Federal Felony | Up to 10 years (mandatory minimums under ACCA) | Up to $250,000 | Loss of all firearm rights | Asset forfeiture; supervised release after prison |
Results may vary. Prior results do not aim for a similar outcome.
Firm Authority & Experience
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex firearm defense. Our attorneys understand the technical and legal nuances required to challenge ATF classifications and forensic evidence in machine gun cases. We have a documented record of achieving favorable outcomes in serious felony matters by building strong, evidence-based defenses.
Case Results & Client Advocacy
Our firm has a documented record of handling complex firearm cases. While specific results are confidential, our approach involves a meticulous review of all evidence, including challenging the prosecution’s forensic analysis of the alleged machine gun. We work with independent firearms experts to contest the government’s classification. Secondary attorney Mr. Sris, the firm’s founder and a former prosecutor with a background in complex case strategy, provides oversight on all federal weapon charges.
Results may vary. Prior results do not aim for a similar outcome.
Prince William County Machine Gun Charge Defense
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 at the Prince William County courts and the federal courthouse in Alexandria. We provide representation for individuals in Manassas, Woodbridge, Dale City, Dumfries, Gainesville, Haymarket, Lake Ridge, and Occoquan facing automatic weapon charges. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What is considered a “machine gun” under Virginia law?
Yes. Virginia law (Va. Code § 18.2-288) defines a machine gun as any firearm that can fire more than one shot automatically with a single trigger function. This includes conversion kits, parts, or any combination of parts designed to convert a firearm into an automatic weapon. The definition is broad and technical, often requiring experienced testimony.
Will I be charged in state or federal court for a machine gun in Prince William County?
It depends. Cases involving possession or use of a machine gun are often prosecuted federally by the U.S. Attorney’s Office for the Eastern District of Virginia, especially if discovered by the ATF. However, the Prince William County Commonwealth’s Attorney can also file state charges. It is common for both jurisdictions to be involved, or for the case to be adopted federally due to stricter penalties.
What are the defenses to a machine gun possession charge?
Common defenses include challenging the legality of the search and seizure, proving you lacked knowledge the weapon was automatic, arguing the firearm does not meet the legal definition of a machine gun, or demonstrating the weapon was inoperable. An experienced automatic weapon charge defense lawyer Prince William County will hire a firearms experienced to examine the weapon and challenge the prosecution’s evidence.
Is there a mandatory minimum sentence?
Yes. Under federal law, certain machine gun offenses carry a 10-year mandatory minimum prison sentence. In Virginia, using a machine gun in the commission of a felony carries a mandatory minimum of 3 years in prison, which must be served consecutively to any other sentence. A machine gun possession lawyer Prince William County can explain how these mandates apply to your case.
Can I own a legally registered machine gun?
It is highly restricted. Under the National Firearms Act (NFA), civilians may only possess machine guns that were legally registered and transferred before May 19, 1986. These weapons are extremely expensive and require an extensive federal background check, fingerprinting, and a $200 tax stamp. Mere possession of an unregistered machine gun is a felony.
Internal Legal Resources
If you are facing related charges, our firm also provides defense for: DUI charges in Prince William County and Reckless Driving in Prince William County. For an overview of our criminal defense practice, visit our Virginia Criminal Defense hub page. We also serve neighboring areas like Fairfax County.
Last verified: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your possession or use of a machine gun charge.