Virginia Possession Of A Regulated Firearm By A Disqualified Person Lawyer — What Are Your Defense Options?
Possession of a regulated firearm by a disqualified person in Virginia is a serious felony under Va. Code § 18.2-308.2, carrying a mandatory minimum sentence. As a Virginia Possession Of A Regulated Firearm By A Disqualified Person Lawyer, the Law Offices Of SRIS, P.C. provides a strong defense against these charges. Our firm has documented case results across Virginia.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Virginia Law on Possession of a Firearm by a Disqualified Person
Virginia law strictly prohibits individuals with certain criminal convictions or other disqualifications from possessing, purchasing, or transporting any firearm. This offense is codified under Va. Code § 18.2-308.2. A “disqualified person” includes anyone convicted of a felony, anyone subject to a protective order, anyone adjudicated legally incompetent or mentally incapacitated, and any person convicted of certain misdemeanor crimes of domestic violence. The statute covers all firearms, not just concealed weapons.
Official Legal Resources
For the official text of the statute, refer to the Virginia General Assembly website for Va. Code § 18.2-308.2. For court procedures and forms, visit the Virginia Judicial System website.
Defense Strategy and Court Process
Virginia statewide practice requires a defense lawyer to carefully examine the basis for the disqualification and the circumstances of the alleged possession. A successful defense may challenge the validity of the underlying disqualifying event, argue a lack of knowledge or possession, or negotiate for a reduction in charges. In Virginia courts, prosecutors must prove every element of this charge beyond a reasonable doubt.
- Secure immediate legal representation after arrest or charge.
- Your defense lawyer will obtain and review all discovery, including police reports and forensic evidence.
- We will file pre-trial motions to suppress evidence or challenge the charges if legal grounds exist.
- Engage in strategic negotiations with the prosecutor to seek a favorable resolution.
- Prepare for and conduct a jury trial if a just plea agreement cannot be reached.
Potential Penalties for a Conviction
In Virginia, possession of a firearm by a convicted felon is a Class 6 felony, punishable by 1 to 5 years in prison, or at the jury’s discretion, up to 12 months in jail and a fine of up to $2,500.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Firearm by Convicted Felon | Class 6 Felony | 1-5 years (or up to 12 months) | Up to $2,500 | Loss of firearm rights | Permanent felony record, difficulty obtaining employment/housing |
| Possession After Misdemeanor Domestic Violence Conviction | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Loss of firearm rights | Potential federal prosecution under 18 U.S.C. § 922(g)(9) |
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, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our tagline, “Advocacy Without Borders,” reflects our commitment to aggressive representation. We have a firm-wide track record of 4,739+ documented case results with a favorable outcome rate exceeding 93%. Our defense lawyers understand the severe implications of a firearm possession charge and work diligently to protect your rights and future.
Documented Case Results
While specific case details are confidential, our firm has successfully defended clients against serious firearm possession charges across Virginia. Outcomes have included motions to suppress evidence skilled to dismissed charges, negotiated reductions to lesser offenses, and favorable verdicts at trial. Results may vary. Prior results do not aim for a similar outcome.
Our team, including experienced criminal attorney Kristen M. Fisher, a former Maryland Assistant State’s Attorney, collaborates to bring multiple perspectives to each case.
Contact Our Virginia Firearm Defense Lawyers
Our Fairfax location is centrally located to serve clients across Virginia. We are accessible via major highways including I-66, I-495, and Route 50. If you need a Virginia Possession Of A Regulated Firearm By A Disqualified Person Lawyer near you, contact us today.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
Do I need a criminal attorney for a firearm possession charge in Virginia?
Yes. A firearm possession charge is a serious felony with mandatory penalties. An experienced criminal attorney can challenge the evidence, protect your rights, and work toward the best possible outcome.
What makes someone a “disqualified person” under Virginia law?
It depends. Common disqualifications include a prior felony conviction, being under a protective order, an adjudication of incompetency, or a conviction for a misdemeanor crime of domestic violence. A defense lawyer will review your specific history to determine if the disqualification applies.
Can a defense lawyer get a firearm charge reduced?
It depends on the facts of the case and your history. A skilled defense lawyer can negotiate with prosecutors, file motions to suppress evidence, and present mitigating factors that may lead to a reduction or dismissal of charges.
What should I look for in a criminal court lawyer for this charge?
Look for a lawyer with specific experience defending firearm charges, a track record in Virginia courts, and a firm that provides strong defense resources. Our team includes former prosecutors and a former state trooper who understand both sides of these cases.
What are the long-term consequences of a conviction?
A conviction results in a permanent felony record, loss of the right to possess firearms, potential prison time, and significant barriers to employment, housing, and professional licensing.
Internal Resources
For more information, visit our Virginia Criminal Lawyer hub page. We also assist clients with related matters such as traffic offenses and other criminal charges defense in local courts.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.