Possession of an unregistered firearm is a federal offense under the National Firearms Act (26 U.S.C. § 5801 et seq.) and 18 U.S.C. § 922(o), carrying severe penalties including up to 10 years in federal prison. Law Offices Of SRIS, P.C.
Possession of an Unregistered Firearm Lawyer in Lexington, Virginia
The National Firearms Act (NFA), codified at 26 U.S.C. § 5801 et seq., requires the registration of certain firearms including machine guns, short-barreled rifles, short-barreled shotguns, silencers, and destructive devices. Possession of an unregistered NFA firearm is a violation of 26 U.S.C. § 5861(d), punishable by up to 10 years in federal prison under 26 U.S.C. § 5871. Additionally, 18 U.S.C. § 922(o) prohibits the possession of machine guns manufactured after May 19, 1986, regardless of registration status. Federal charges are prosecuted by the U.S. Attorney’s Office for the Western District of Virginia, with cases heard at the U.S. District Court for the Western District of Virginia (Roanoke Division). Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience.
Last verified: May 2026 | U.S. District Court for the Western District of Virginia | 26 U.S.C. § 5861 (Cornell LII)
For official statutory text, consult the following government resources:
In the U.S. District Court for the Western District of Virginia, prosecutors routinely pursue NFA violations with mandatory minimum sentences. We have observed that ATF agents often rely on informants and controlled buys to build cases. The government must prove the firearm is an NFA weapon and that you knowingly possessed it.
- Do not consent to any search of your vehicle, home, or person.
- Invoke your right to remain silent and request an attorney immediately.
- Do not discuss the case with anyone except your lawyer.
- Preserve all receipts, registration documents, and correspondence related to the firearm.
- Contact a federal criminal defense lawyer before any court appearance.
- Review the indictment for procedural errors or statute of limitations issues.
In Lexington, Virginia, possession of an unregistered firearm under the NFA carries a maximum penalty of 10 years in federal prison, fines up to $250,000, and forfeiture of the firearm.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Unregistered NFA Firearm (26 U.S.C. § 5861(d)) | Federal Felony | Up to 10 years | Up to $250,000 | Federal firearm prohibition | Forfeiture of firearm; no parole; supervised release up to 3 years |
| Possession of Machine Gun (18 U.S.C. § 922(o)) | Federal Felony | Up to 10 years | Up to $250,000 | Federal firearm prohibition | Forfeiture of firearm; no parole; supervised release up to 3 years |
Results may vary.
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%. The firm — Advocacy Without Borders — has handled numerous federal criminal cases including NFA violations, providing clients with strategic defense from investigation through trial.
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
Law Offices Of SRIS, P.C. has 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ. While no locality-specific case result is available for this jurisdiction/topic, the firm has extensive criminal defense experience. Results may vary.
Our location in Woodstock is approximately 60 miles from the U.S. District Court for the Western District of Virginia (Roanoke Division), with access via I-81 and Route 11.
Possession of an unregistered firearm lawyer near Lexington.
Serving the communities of Lexington, Buena Vista, and Rockbridge County.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
505 N Main St, Suite 103, Woodstock, VA 22664
(888) 437-7747
Frequently Asked Questions
What is the difference between state and federal charges?
Federal charges are prosecuted by the U.S. Attorney with generally harsher penalties and no parole. An experienced federal defense attorney is critical.
Federal charges are prosecuted by the U.S. Attorney with generally harsher penalties and no parole.
What is federal criminal court and how is it different in VA?
Federal criminal cases in VA are prosecuted by U.S. Attorneys in U.S. District Court and carry harsher sentencing guidelines than state charges. Law Offices Of SRIS, P.C. handles federal defense — (888) 437-7747.
Federal criminal cases in VA are prosecuted by U.S. Attorneys in U.S. District Court and carry harsher sentencing guidelines than state charges.
How do federal sentencing guidelines work in Lexington (City), Virginia?
Federal sentencing at U.S. District Court for the Western 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 drug, firearm, and child exploitation offenses. Acceptance of responsibility, substantial assistance (§ 5K1.1), and safety-valve eligibility materially reduce exposure. Law Offices Of SRIS, P.C. — (888) 437-7747.
Federal sentencing at U.S. District Court for the Western District of Virginia follows the U.S. Sentencing Guidelines.
How does a Virginia lawyer defend against possession of an unregistered firearm charges?
Defense strategies for possession of an unregistered firearm in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under the National Firearms Act (26 U.S.C. § 5801 et seq.) to build the strongest possible defense.
Defense strategies may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors.
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 Virginia law require prompt action.
Contact a federal criminal attorney immediately. Do not discuss the case with anyone except your lawyer.
For more information on federal criminal defense in Virginia, visit our Conspiracy to Commit an Offense lawyer Virginia page.
Related pages: Conspiracy to Commit an Offense lawyer Albemarle County and Conspiracy to Commit an Offense lawyer Augusta County.
Also see: Mergers and Acquisitions Lawyer Lexington and Corporate Transactions Lawyer Lexington.
Last verified: May 2026