Virginia Certain Persons Not To Have Weapons Lawyer — What Are Your Defense Options?
A Virginia Certain Persons Not To Have Weapons charge under Va. Code § 18.2-308.2 is a serious felony, often carrying a mandatory minimum prison sentence. If you are a convicted felon, have a prior violent misdemeanor, or are under a protective order found with a firearm, you need immediate legal help. The Law Offices Of SRIS, P.C.
Virginia Certain Persons Not To Have Weapons Statute
Virginia law strictly prohibits certain individuals from possessing, transporting, or carrying any firearm. This prohibition, codified under Va. Code § 18.2-308.2, targets specific categories of persons deemed to pose a higher risk if armed. The statute is a key part of Virginia’s effort to prevent gun violence by restricting access for those with a history of violence or serious criminal conduct. A conviction is a felony with severe, lasting consequences.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Official Legal Resources
For the full text of the law, review Va. Code § 18.2-308.2 (official Virginia General Assembly). For court procedures and forms, visit the Virginia Judicial System website.
Defending a Certain Persons Charge in Virginia
The prosecution must prove you knowingly possessed a firearm and that you fall into a prohibited category. Common defenses challenge the possession element—arguing the firearm belonged to someone else or you were unaware of its presence. We also scrutinize the legality of the search that discovered the weapon. If you were previously adjudicated as a juvenile, we examine whether that adjudication legally qualifies under the statute.
- Secure Immediate Representation: Do not speak to investigators without an attorney present. Anything you say can be used to establish knowing possession.
- Case Analysis: Your lawyer will review the indictment, police reports, and evidence to identify weaknesses in the prosecution’s case regarding possession or your prohibited status.
- Investigate the Search: A key defense is filing a motion to suppress the firearm if it was found through an unconstitutional search or seizure.
- Negotiate or Prepare for Trial: Based on the evidence, your attorney will either negotiate for a reduction to a non-mandatory charge or prepare a vigorous trial defense.
Potential Penalties for Violation
In Virginia, a Certain Persons Not To Have Weapons conviction is a Class 6 felony, but carries a mandatory minimum penalty of two years in prison, which a judge cannot suspend.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Certain Persons Not To Have Weapons (First Offense) | Class 6 Felony | Mandatory minimum 2 years, up to 5 years | Up to $2,500 | Loss of firearm rights permanently | Permanent felony record, loss of voting rights, difficulty finding employment/housing |
| Certain Persons Not To Have Weapons (Subsequent Offense) | Class 6 Felony | Mandatory minimum 5 years, up to 5 years | Up to $2,500 | Loss of firearm rights permanently | Enhanced penalties, stricter parole eligibility |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Weapons Charge Defense
Founded in 1997 by a former prosecutor, the Law Offices Of SRIS, P.C. brings a unique “Advocacy Without Borders” approach to complex criminal defense. Our firm-wide experience spans over 120 combined years. We understand how the Commonwealth builds these cases from both sides of the courtroom. Mr. Sris, our managing attorney, maintains a selective caseload to ensure deep, personal involvement in every serious felony matter, including Certain Persons Not To Have Weapons charges.
Case Results & Client Advocacy
Our firm has a documented record of achieving favorable outcomes in serious criminal cases across Virginia. While every case is unique, our strategic approach focuses on challenging the evidence of possession and the validity of the underlying prohibition. For a Certain Persons Not To Have Weapons charge, a successful defense may result in a reduction to a misdemeanor or a dismissal if constitutional rights were violated.
Results may vary. Prior results do not aim for a similar outcome.
Virginia Certain Persons Not To Have Weapons Attorney Near You
Facing a weapons charge is a urgent matter. Our Virginia criminal defense attorneys are accessible across the state. We offer 24/7 phone consultations for immediate legal help.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
We serve clients in all Virginia communities. Meetings are available by appointment at our Fairfax headquarters or other convenient locations.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions (Virginia Certain Persons Not To Have Weapons)
Who is considered a “Certain Person” prohibited from having a weapon in Virginia?
Yes. The law prohibits several categories, including: convicted felons; individuals convicted of certain violent misdemeanors (like assault); persons adjudicated delinquent as a juvenile for a similar act; individuals subject to a permanent protective order; and those who have been involuntarily committed for mental health treatment.
Can I get a mandatory minimum sentence suspended or reduced?
It depends. The two-year mandatory minimum for a first offense under Va. Code § 18.2-308.2 cannot be suspended by a judge. The only way to avoid it is for the prosecutor to agree to reduce the charge to a different offense that does not carry the mandatory minimum, or to win the case at trial. This requires skilled legal help.
What if the firearm was in my house but not on my person?
You can still be charged. Virginia law considers “possession” to be either actual (on your person) or constructive. Constructive possession means you knew of the firearm’s presence and had the ability to control it, even if it was in a shared space like your home or car. The prosecution must prove you had knowledge and control.
Is there a registry for individuals prohibited from owning firearms?
No, Virginia does not maintain a public registry. However, the Virginia Firearms Transaction Program (the background check system) maintains records of prohibiting factors. Law enforcement also checks these prohibitions during investigations and when running a person’s criminal history.
Do I need a lawyer for a Certain Persons charge?
Yes. This is a serious felony with a guaranteed prison sentence upon conviction. An experienced attorney is essential to investigate the search, challenge the evidence of possession, negotiate with the prosecutor, or defend you at trial. The stakes are too high to proceed without legal help.
Last verified: April 2026. Laws change — contact the Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.