Under 26 U.S.C. § 5861(d), 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 covers weapons such as short-barreled rifles, short-barreled shotguns, silencers, machine guns, and destructive devices. The law requires that each NFA firearm be registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Failure to register constitutes a federal offense. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., “Advocacy Without Borders,” brings 120+ years combined legal experience.
Last verified: May 2026 | U.S. District Court for the Eastern District of Virginia | 26 U.S.C. § 5861 (Cornell LII)
For official statutory text, see 26 U.S.C. § 5861 (Cornell LII — official site). For federal sentencing guidelines, see U.S. Sentencing Guidelines (ussc.gov — official site).
In the U.S. District Court for the Eastern District of Virginia, prosecutors routinely pursue maximum penalties for unregistered firearm possession. We have observed that federal agents often rely on warrantless searches during traffic stops to discover these weapons. The government must prove you knew the firearm was unregistered, but constructive possession can be inferred.
- Do not consent to any search of your vehicle or home.
- Invoke your right to remain silent immediately.
- Request an attorney before answering any questions.
- Preserve all records of firearm purchase or transfer.
- Do not discuss your case with anyone except your lawyer.
- Contact a federal criminal defense lawyer promptly.
In Powhatan County, possession of an unregistered firearm carries a federal penalty of up to 10 years in prison, fines up to $250,000, and forfeiture of the weapon.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Unregistered Firearm (26 U.S.C. § 5861) | Federal Felony | Up to 10 years | Up to $250,000 | Federal firearm prohibition | Forfeiture of weapon; no parole in federal system |
| Conspiracy to Commit Offense (18 U.S.C. § 371) | Federal Felony | Up to 5 years | Up to $250,000 | N/A | 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 has handled numerous federal criminal cases, including firearms offenses, and provides strategic defense for clients in Powhatan County. “Advocacy Without Borders” reflects the firm’s commitment to accessible, high-quality legal representation.
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 2 total documented case results across all practice areas in Powhatan County, with favorable outcomes in all reported instances. Firm-wide, the firm has 4,739+ documented results across VA, MD, DC, NY and NJ. Results may vary.
Our location in Richmond is approximately 25 miles from Powhatan County General District Court (3834 Old Buckingham Rd, Suite C, Powhatan, VA 23139), with access via Route 522 and Route 60. Serving as a Possession of an Unregistered Firearm lawyer Powhatan County and NFA violation defense lawyer Powhatan County, we represent clients throughout the area. Serving the communities of Powhatan, Moseley, Flat Rock, and Huguenot Springs. 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: (888) 437-7747 | By appointment only
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. Cases are heard in the U.S. District Court for the Eastern District of Virginia under the Federal Criminal Code (18 U.S.C.).
Federal charges carry harsher penalties and no parole. An experienced federal defense attorney is critical.
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 federal statutes 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 penalty for a misdemeanor in Powhatan County, Virginia?
A Class 1 misdemeanor in Powhatan County carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor: up to 6 months/$1,000. Common charges include assault and battery (§ 18.2-57), petit larceny under $1,000 (§ 18.2-96), and driving on suspended (§ 46.2-301). Cases heard at Powhatan County General District Court.
Can criminal charges be expunged in Powhatan County, Virginia?
Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged. The petition is filed in Powhatan County Circuit Court. First-offense marijuana possession may qualify through deferred disposition.
Learn more about our Conspiracy to Commit an Offense lawyer Virginia services. Explore related pages: Conspiracy to Commit an Offense lawyer Albemarle County and Conspiracy to Commit an Offense lawyer Augusta County. Also see our Corporate Transactions Lawyer Powhatan County and Petit Larceny Lawyer Powhatan County pages.
Last verified: May 2026 | Page generated: 2026-05-02
Attorney responsible for this advertising: Mr. Sris.