Virginia Possession Of A Firearm By A Felon Lawyer — What Are Your Defense Options?
Possession of a firearm by a convicted felon is a serious felony under Virginia law, carrying a mandatory minimum sentence. If you are charged, you need a Virginia Possession Of A Firearm By A Felon Lawyer with experience in both state and federal courts. Law Offices Of SRIS, P.C. provides defense for this and related charges, including drug crimes.
Virginia Law on Felons and Firearms
The primary statute governing this offense is Virginia Code § 18.2-308.2. This law makes it illegal for any person who has been convicted of a felony to knowingly and intentionally possess or transport any firearm. The prohibition is broad and includes any weapon designed or intended to expel a projectile by action of an explosion. A separate but related charge for drug crimes involves possession of a firearm while in possession of a controlled substance with intent to distribute.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Official Legal Resources
For the full text of the law, refer to the official Virginia Code § 18.2-308.2. Court procedures and forms can be found on the Virginia Judiciary website.
Potential Penalties and Defenses
In Virginia, possession of a firearm by a convicted felon is a Class 6 felony, punishable by a mandatory minimum of two years in prison.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Firearm by Convicted Felon (Va. Code § 18.2-308.2) | Class 6 Felony | Mandatory minimum 2 years; up to 5 years | Up to $2,500 | Loss of firearm rights | Permanent felony record, difficulty finding employment/housing |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have over 120 years of combined legal experience. We have handled thousands of criminal cases across Virginia, from misdemeanors to serious felonies. Our approach is built on a deep understanding of the law and the strategies used by prosecutors. For firearm and drug-related charges, having a drug crime attorney who understands the interplay between these statutes is critical.
Case Results and Client Advocacy
Our firm has a documented record of case results across Virginia, Maryland, New Jersey, New York, and Washington D.C. While every case is unique, our focused approach aims for the best possible outcome, which may include case dismissal, reduction of charges, or minimized penalties. A narcotics defense lawyer from our team can address related substance charges that often accompany firearm offenses.
Results may vary. Prior results do not aim for a similar outcome.
Legal Help Near You in Virginia
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 throughout all Virginia communities. If you are searching for a “possession of a firearm by a felon lawyer near me,” our Fairfax location is centrally accessible. We offer 24/7 phone consultations — call (888) 437-7747 — with meetings by appointment only.
Frequently Asked Questions
Do I need a Virginia Possession Of A Firearm By A Felon Lawyer?
Yes. This is a serious felony with a mandatory prison sentence. An experienced lawyer can challenge the evidence, explore defenses, and work to protect your rights.
What are common defenses to this charge?
It depends. Defenses may include challenging whether you knowingly possessed the firearm, the legality of the search that found it, or even the validity of the underlying felony conviction. A skilled drug possession lawyer may also be needed if drugs were involved.
Can a prior felony ever be expunged to restore my gun rights?
In Virginia, expungement of a felony conviction is extremely rare and generally not available. Restoration of firearm rights is a separate, difficult process that typically requires a gubernatorial pardon.
What if the gun wasn’t on me but in my house or car?
Virginia law considers “possession” to include both actual physical control and “constructive possession,” meaning you had the ability and intent to control the firearm. Location alone may not be a full defense.
What should I do if I’m arrested for this?
Remain silent and ask for a lawyer immediately. Do not discuss the case with anyone until you have spoken with your attorney. Contact a controlled substance lawyer from our firm if drug charges are also filed.
Related Legal Information
For more information on your rights, visit our Virginia Criminal Lawyer hub page. You may also find our pages on Virginia Traffic Law and Virginia Family Law useful. For defense in specific localities, see our pages for Fairfax County and Fairfax City.
Last verified: April 2026. Information updated as of 2026-04-02. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.