Gun Crime Lawyer Virginia — Defending Your Rights Against Firearms Charges
A gun charge in Virginia is a serious matter prosecuted under Va. Code § 18.2-308, carrying severe penalties including mandatory minimum prison sentences and permanent loss of firearm rights. As a Gun Crime Lawyer Virginia, Law Offices Of SRIS, P.C. provides a strong defense against firearms offenses.
Last verified: April 2026 | Virginia Courts | Virginia General Assembly
Virginia Gun Crime Laws and Penalties
Virginia law strictly regulates the possession, use, and carrying of firearms. Charges can range from misdemeanors to serious felonies, often with mandatory minimum sentences upon conviction. A conviction can result in a permanent criminal record, prison time, and the loss of your right to own firearms. The specific statute governing many firearms offenses is Va. Code § 18.2-308 (Carrying concealed weapons; exceptions; penalty). For court procedures, refer to the Virginia Courts website.
- Secure immediate legal representation after an arrest or charge.
- Your attorney will review the arrest details and evidence for constitutional violations.
- A motion to suppress evidence may be filed if your rights were violated during the search or seizure.
- Your lawyer will negotiate with the Commonwealth’s Attorney, seeking reduced or alternative charges.
- If a plea is not in your interest, your attorney will prepare a vigorous defense for trial.
- Explore all post-trial options, including appeals and restoration of rights, if applicable.
In Virginia, gun crimes can be classified as misdemeanors or felonies, with penalties ranging from one year in jail to decades in prison and fines up to $100,000.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Firearm by Convicted Felon | Class 6 Felony | 1-5 years (Mandatory min. 2 years) | Up to $2,500 | N/A | Permanent loss of firearm rights |
| Carrying Concealed Weapon (First Offense) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | N/A | Weapon forfeiture |
| Use of Firearm in Commission of Felony | Separate Felony | Mandatory 3-5 years (consecutive) | N/A | N/A | Sentence runs after base felony sentence |
| Reckless Handling of Firearm | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | N/A | Weapon forfeiture possible |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Virginia Gun Crime Defense Team
Law Offices Of SRIS, P.C. was founded in 1997 by a former prosecutor. Our firm-wide experience spans over 120 combined years, and we have documented over 4,739 case results with a favorable outcome rate exceeding 93%. Our philosophy is “Advocacy Without Borders,” providing relentless defense across Virginia. We understand the high stakes of a firearms charge and work to protect your freedom and future.
Bryan Block, Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. Former Virginia State Trooper (15 years). View Bryan Block’s Profile
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Case Results in Gun and Firearms Defense
Our firm has a documented history of achieving favorable results in complex cases. For instance, we have successfully argued bond motions in serious cases and secured dismissals (nolle prosequi) for clients. Mr. Sris, the firm’s founder, provides strategic oversight on complex matters. Results may vary. Prior results do not guarantee a similar outcome.
Gun Crime Lawyer Near Virginia | Contact SRIS, P.C.
Our Fairfax location is centrally located to serve clients across Northern Virginia and beyond. We are accessible via major highways including I-66, I-95, and the Beltway (I-495). If you need a firearms offense defense lawyer Virginia, contact us for a consultation.
Serving Communities Statewide: We provide defense for gun charges in communities across Virginia, from urban centers to rural counties.
Availability: 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
By appointment only.
Frequently Asked Questions: Gun Charges in Virginia
What should I do if I am arrested on a gun charge in Virginia?
Remain silent and ask for a lawyer immediately. Do not discuss the case with anyone until you have spoken with your attorney. Contact a gun charge defense lawyer Virginia as soon as possible to begin building your defense.
Can I get a concealed carry permit if I have a prior gun charge?
It depends. A prior conviction for a firearms offense or certain other crimes will likely disqualify you. Eligibility is determined by the Virginia State Police and the circuit court in your locality. An attorney can advise you on your specific situation and the possibility of having your rights restored.
What is the difference between a state and federal gun charge?
State charges are prosecuted under Virginia law in state courts. Federal gun charges are prosecuted by the U.S. Attorney’s Office under federal laws (like 18 U.S.C. § 922(g)) and typically involve interstate commerce, prior felony convictions, or crimes on federal property. Federal penalties are often more severe.
Are there defenses to a charge of possession of a firearm by a convicted felon?
Yes. Defenses may include challenging the legality of the search that found the weapon, proving you were not in possession, or arguing that your prior conviction does not qualify as a prohibiting felony under the law. A skilled firearms offense defense lawyer Virginia can identify the best defense strategy for your case.
What are the penalties for using a firearm while committing a felony in Virginia?
Under Va. Code § 18.2-53.1, using or displaying a firearm in the commission of a felony carries a mandatory minimum prison sentence of three years for a first conviction, which must be served consecutively (added on) to the sentence for the underlying felony.
Internal Resources: For more on criminal defense, see our Virginia Criminal Lawyer hub. For related issues in other areas, consider our Fairfax Criminal Defense Lawyer or Accomack Reckless Driving Lawyer pages.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.