Understanding Possession of an Unregistered Firearm Under Federal Law
Under 26 U.S.C. § 5861, it is unlawful for any person to possess a firearm that is not registered to them in the National Firearms Registration and Transfer Record. This statute applies to certain firearms defined under the National Firearms Act (NFA), including machine guns, short-barreled rifles, short-barreled shotguns, silencers, and destructive devices. The law requires that each NFA firearm be registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Possession of an unregistered NFA firearm is a felony offense prosecuted in federal court.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., “Advocacy Without Borders,” brings 120+ years combined legal experience to every case. Our firm has handled numerous federal criminal matters across Virginia, including in Chesterfield County.
Last verified: May 2026 | U.S. District Court for the Eastern District of Virginia | 26 U.S.C. § 5861 (Cornell LII)
Official Legal Resources
For the full text of the statute, visit: 26 U.S.C. § 5861 (Cornell LII — official site)
For information on the National Firearms Act, visit: ATF National Firearms Act (ATF.gov — official site)
Insider Perspective on Federal Firearm Cases in Chesterfield County
In the U.S. District Court for the Eastern District of Virginia (Richmond Division), prosecutors routinely pursue possession of an unregistered firearm charges aggressively. We have observed that federal agents often conduct joint investigations with local law enforcement in Chesterfield County.
These cases frequently involve search warrants executed at residences or vehicles. The government must prove that you knowingly possessed a firearm that was not registered.
- Do not consent to any search of your home, vehicle, or person.
- Invoke your right to remain silent and request an attorney immediately.
- Preserve all documents related to the firearm, including purchase records.
- Contact a federal criminal defense lawyer as soon as possible.
- Do not discuss your case with anyone other than your attorney.
- Attend all court hearings and comply with all conditions of release.
In Chesterfield County, possession of an unregistered firearm carries a federal penalty of up to 10 years in prison, fines up to $250,000, and a permanent felony record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of an Unregistered Firearm (26 U.S.C. § 5861) | Federal Felony | Up to 10 years | Up to $250,000 | Loss of firearm rights; potential loss of professional licenses | Permanent criminal record; no parole in federal system; supervised release |
Results may vary.
Why Choose Law Offices Of SRIS, P.C. for Your Federal Firearm Defense?
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. Our firm is dedicated to providing aggressive, knowledgeable representation for clients facing serious federal charges. We understand the details of federal firearm laws and the severe consequences of a conviction.
Our team has extensive experience handling federal criminal cases in the U.S. District Court for the Eastern District of Virginia, including the Richmond Division, which serves Chesterfield County. We have a proven track record of challenging evidence, negotiating with prosecutors, and achieving favorable outcomes for our clients.
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
Our Track Record in Chesterfield County
Law Offices Of SRIS, P.C. has extensive criminal defense experience in Chesterfield County. While specific case results for federal firearm charges are not available, our firm has 5 documented results in Chesterfield County: 3 dismissed or not guilty, 2 reduced or amended — a favorable outcome in all reported instances. Results may vary.
Firm-wide, we have 4,739+ documented results across VA, MD, DC, NY and NJ, with a favorable-outcome rate above 93%.
Our Location and Service Area
Our location in Richmond is approximately 20 miles from the Chesterfield County General District Court (9500 Courthouse Road, Chesterfield, VA 23832), with access via I-95 and Route 10.
We serve as a possession of an unregistered firearm lawyer near Chesterfield County.
Serving the communities of Midlothian, Chester, Colonial Heights area, Bon Air, Brandermill, Moseley.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225
Phone: (804) 201-9009 | Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Possession of an Unregistered Firearm in Chesterfield County
What is the penalty for possession of an unregistered firearm in Chesterfield County, Virginia?
Yes. Possession of an unregistered firearm is a federal offense under 26 U.S.C. § 5861. Penalties include up to 10 years in federal prison, fines up to $250,000, and a permanent felony record. Cases are prosecuted in the U.S. District Court for the Eastern District of Virginia.
Yes. Possession of an unregistered firearm is a federal offense under 26 U.S.C. § 5861, carrying up to 10 years in prison.
How does a Virginia lawyer defend against possession of an unregistered firearm charges?
It depends. Defense strategies for possession of an unregistered firearm in Virginia may include challenging the legality of the search, examining ATF registration requirements, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under 26 U.S.C. § 5861 to build the strongest possible defense.
What should I do if I am facing possession of an unregistered firearm charges in Virginia?
If facing possession of an unregistered firearm charges in Virginia, contact a federal criminal attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under federal law require prompt action.
What is the difference between state and federal charges for firearm offenses?
Federal charges are prosecuted by the U.S. Attorney with generally harsher penalties and no parole. An experienced federal defense attorney is critical. Cases are heard in the U.S. District Court for the Eastern District of Virginia.
How do federal sentencing guidelines work in Chesterfield County, Virginia?
Federal sentencing at U.S. District Court for the Eastern District of Virginia follows the U.S. Sentencing Guidelines — a points-based calculation using offense level and criminal history category. While advisory since Booker (2005), guidelines strongly influence sentencing. Mandatory minimum statutes override downward departures in many firearm offenses.
Related Practice Areas
Last verified: May 2026
Attorney responsible for this advertising: Mr. Sris.