Virginia Possession Of A Firearm By A Prohibited Person Lawyer — What Are Your Defenses?
Possession of a firearm by a prohibited person in Virginia is a serious felony under Va. Code § 18.2-308.2, punishable by a mandatory minimum of two years in prison. If you are charged, you need an experienced Virginia possession of a firearm by a prohibited person lawyer. Law Offices Of SRIS, P.C. provides strong defense strategies for these charges.
Last verified: April 2026 — statewide reference page | Statewide — court varies by locality | Virginia General Assembly
Virginia Law on Possession of a Firearm by a Prohibited Person
Under Virginia law, it is illegal for certain individuals to possess, transport, or carry any firearm. This prohibition is codified in Va. Code § 18.2-308.2. A “prohibited person” includes individuals convicted of a felony, adjudicated delinquent as a juvenile for certain offenses, found not guilty by reason of insanity, subject to a protective order, or convicted of misdemeanor domestic violence. The statute is strictly enforced, and a conviction carries severe consequences.
Official Legal Resources
For the official text of the law, refer to the Virginia Code § 18.2-308.2. For court procedures and forms, visit the Virginia Judicial System website.
Defending a Prohibited Possession Charge in Virginia
Defending against a charge under Va. Code § 18.2-308.2 requires a detailed examination of the facts and law. A key procedural fact in Virginia is that the prosecution must prove you knowingly and intentionally possessed the firearm. A strong defense may challenge whether you were in actual or constructive possession, the legality of the search that discovered the firearm, or the validity of the underlying prohibition. For instance, if your prior conviction was for a misdemeanor that does not qualify under the statute, your criminal attorney can file a motion to dismiss.
- Contact a Virginia possession of a firearm by a prohibited person lawyer immediately after arrest or charge.
- Your lawyer will secure all police reports, evidence, and your criminal history.
- Your defense team will analyze the legality of the stop, search, and seizure.
- Your attorney will develop a defense strategy, which may include filing motions to suppress evidence or challenging the classification of your prior offense.
- Your lawyer will represent you at all hearings, advocating for reduced charges, alternative sentencing, or acquittal at trial.
Potential Penalties for a Conviction
In Virginia, possession of a firearm by a prohibited person is a Class 6 felony, carrying a mandatory minimum sentence of two years in prison and a maximum penalty of five years.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Firearm by Prohibited Person (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 permanently; Loss of voting rights while incarcerated | Permanent felony record; Difficulty obtaining employment/housing; Enhanced penalties for future offenses |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide track record includes 4,739+ documented case results with a 93%+ favorable outcome rate. We understand the high stakes of a felony firearm charge and provide focused, strategic defense. Our tagline, “Advocacy Without Borders,” reflects our commitment to aggressive representation for every client.
Documented Case Results
Our firm has a firm-wide track record of 4,739+ documented results across VA, MD, NJ, NY, and DC with a 93%+ favorable outcome rate. While every case is unique, our extensive experience handling serious felony charges, including those involving firearms, demonstrates our capability to achieve positive results. Our secondary attorney on complex criminal matters, Mr. Sris, is a former prosecutor and firm founder with a background in accounting and information systems, providing a strategic edge in cases involving technical evidence.
Results may vary. Prior results do not aim for a similar outcome.
Virginia Possession Of A Firearm By A Prohibited Person Lawyer Near Me
Our Fairfax location at 4008 Williamsburg Court, Fairfax, VA 22032 serves clients across Virginia. We are accessible to courts statewide. We serve all Virginia communities. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions
Do I need a Virginia possession of a firearm by a prohibited person lawyer?
Yes. This is a Class 6 felony with a mandatory prison sentence. An experienced criminal attorney is essential to challenge the evidence, negotiate with prosecutors, and protect your rights at every stage of the criminal court process.
What makes someone a “prohibited person” in Virginia?
Under Va. Code § 18.2-308.2, a prohibited person includes anyone convicted of a felony, adjudicated delinquent for a disqualifying juvenile offense, found not guilty by reason of insanity, under a protective order, or convicted of misdemeanor domestic violence. A defense lawyer can verify if your specific history qualifies under the statute.
Can I fight these criminal charges if the gun wasn’t on me?
Yes. The prosecution must prove you had actual or constructive possession. Constructive possession means you knew of the firearm’s presence and had the ability to control it. A skilled criminal charges defense attorney can argue you lacked knowledge or control, which is a common defense strategy.
What are the penalties for a conviction?
A conviction for possession of a firearm by a prohibited person is a Class 6 felony. It carries a mandatory minimum sentence of two years in prison, a maximum of five years, and a fine up to $2,500. You will also permanently lose your right to possess firearms.
What should I do if I’m charged?
Do not speak to law enforcement without an attorney. Immediately contact a Virginia possession of a firearm by a prohibited person lawyer. Your defense lawyer will review the charges, secure evidence, and begin building your defense strategy to protect your future.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
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