Virginia Possession Of An Unregistered Firearm Lawyer — What Are Your Defense Options?
Possession of an unregistered firearm in Virginia is a serious offense under state law, often charged as a felony with severe penalties. A conviction can result in years of incarceration, heavy fines, and the permanent loss of your right to own firearms. The Law Offices Of SRIS, P.C.
Virginia Law on Unregistered Firearms
Virginia does not have a statewide firearm registration requirement for most guns. However, the term “unregistered firearm” typically applies in two key contexts under Virginia law: (1) possession of a firearm by a convicted felon, which is illegal regardless of registration, and (2) specific local ordinances, such as those in certain cities requiring the registration of assault firearms. The core charge often stems from Va. Code § 18.2-308.2, which prohibits possession of any firearm by a convicted felon. Other charges may involve sawed-off shotguns or other weapons regulated under the National Firearms Act (NFA), which require federal registration.
Last verified: April 2026 | Virginia Circuit Courts | Virginia General Assembly
Official Legal Resources
Understanding the statutes is crucial. You can review the primary law prohibiting felons from possessing firearms at the Virginia Legislative Information System (Va. Code § 18.2-308.2). For procedures and local court rules, visit the Virginia Judicial System website.
Local Court Process for Firearm Charges
Firearm possession charges are typically heard in Circuit Court, as they are often felonies. The process begins with a preliminary hearing in General District Court to determine if there is probable cause to send the case to a grand jury. An experienced criminal attorney can challenge the evidence at this early stage. In our experience, prosecutors vigorously pursue these cases, but defenses often focus on Fourth Amendment violations, chain of custody issues, or mistaken identity.
- Arraignment: You will be formally charged and enter a plea of not guilty.
- Preliminary Hearing: Your attorney will challenge the prosecution’s evidence and argue for dismissal.
- Circuit Court Arraignment: If bound over, the case proceeds to Circuit Court for a formal indictment.
- Pre-Trial Motions: Your lawyer will file motions to suppress illegally obtained evidence.
- Trial or Disposition: The case proceeds to a jury trial or a negotiated resolution.
Potential Penalties for Possession Charges
In Virginia, possession of a firearm by a convicted felon is a Class 6 felony, carrying 1 to 5 years in prison, or up to 12 months in jail and a fine up to $2,500.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Firearm by Convicted Felon (Va. Code § 18.2-308.2) | Class 6 Felony | 1-5 years (or up to 12 months) | Up to $2,500 | Permanent loss of firearm rights | Felony record, difficulty securing employment/housing |
| Possession of Sawed-off Shotgun (Va. Code § 18.2-300) | Class 4 Felony | 2-10 years | Up to $100,000 | Permanent loss of firearm rights | Federal NFA violations possible |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Firearms Defense
Founded in 1997 by a former prosecutor, Law Offices Of SRIS, P.C. brings a combined 120+ years of legal experience to every case. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand that a firearm charge can upend your life, and our approach is to build a defense that protects your future and your rights.
Case Results for Firearm Charges
Our defense lawyer team has successfully defended clients against serious firearm allegations. In one case, we secured a dismissal for a client charged with possession of a firearm by a convicted felon after proving the police search violated the Fourth Amendment. In another, we negotiated a reduction from a felony to a misdemeanor for a client facing an unregistered weapon charge, avoiding prison time. Results may vary. Prior results do not aim for a similar outcome.
Local Defense for Virginia Firearm Charges
Law Offices Of SRIS, P.C.
Available for consultations across Virginia. By appointment only.
Toll-Free: (888) 437-7747
24/7 phone consultations — meetings by appointment only.
If you are facing criminal charges defense for a firearm violation, having a local criminal court lawyer who knows the tendencies of prosecutors and judges in your area is critical. We are accessible to clients throughout the state and ready to begin building your defense immediately.
Frequently Asked Questions
Is possession of an unregistered firearm always a felony in Virginia?
No, not always. While possession by a convicted felon is a felony, other charges related to specific unregistered weapons (like certain NFA items) can be felonies, but some local ordinance violations may be misdemeanors. The classification depends entirely on the specific statute you are charged under.
Can I get my gun rights back after a conviction?
It depends. For a felony conviction under Virginia law, your right to possess a firearm is permanently lost unless your civil rights are restored by the Governor. For certain misdemeanors, rights may not be automatically forfeited. A criminal attorney can advise on your specific eligibility for restoration.
What is the most common defense to a firearm possession charge?
The most common defense is challenging the legality of the search that found the weapon. If police lacked a warrant or probable cause, the evidence may be suppressed, often skilled to dismissed charges. Other defenses include proving you are not a convicted felon or that you did not knowingly possess the firearm.
Should I speak to the police if they find a gun in my car or home?
No. You have the right to remain silent. Politely state that you wish to speak with an attorney before answering any questions. Anything you say can be used to build the case against you. Contact a Virginia Possession Of An Unregistered Firearm Lawyer immediately.
How quickly should I hire a lawyer after being charged?
Immediately. Early intervention by a defense lawyer is crucial. Your attorney can appear at your first court date, work to secure your release, begin investigating the arrest, and file pre-trial motions to suppress evidence. Delaying can harm your case.