Possession or use of a machine gun is a federal offense under 18 U.S.C. § 922(o), carrying severe penalties including up to 10 years in federal prison. Law Offices Of SRIS, P.C. has extensive criminal defense experience in Roanoke County.
Possession or Use of a Machine Gun Lawyer in Roanoke County, Virginia
Under federal law, 18 U.S.C. § 922(o) makes it unlawful for any person to transfer or possess a machine gun, except for certain limited exceptions involving government or law enforcement. A machine gun is defined under 26 U.S.C. § 5845(b) as any weapon that shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manual reloading, by a single function of the trigger. This includes any part designed and intended solely and exclusively for use in converting a weapon into a machine gun. Violations are prosecuted in the U.S. District Court for the Western District of Virginia, where the U.S. Attorney’s Office handles these cases. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., “Advocacy Without Borders,” brings 120+ years combined legal experience to defend clients facing these serious charges.
Last verified: May 2026 | U.S. District Court for the Western District of Virginia | 18 U.S.C. § 922(o) (Cornell LII)
For the official text of the federal machine gun statute, see 18 U.S.C. § 922(o) (Cornell LII — official site). For the definition of a machine gun, see 26 U.S.C. § 5845(b) (Cornell LII — official site).
In the U.S. District Court for the Western District of Virginia, prosecutors routinely pursue machine gun charges with aggressive sentencing enhancements. We have observed that federal agents, including the ATF and FBI, often rely on informants and surveillance to build these cases. The government typically seeks pretrial detention, arguing that machine gun possession poses a danger to the community.
- Do not consent to any search of your home, vehicle, or person.
- Invoke your right to remain silent and request an attorney immediately.
- Contact a Possession or Use of a Machine Gun lawyer in Roanoke County as soon as possible.
- Preserve all evidence, including receipts, communications, and documents.
- Do not discuss your case with anyone except your lawyer.
- Attend all court hearings and comply with pretrial conditions.
In Roanoke County, possession or use of a machine gun under federal law carries a maximum penalty of 10 years in federal prison, fines up to $250,000, and supervised release.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of a Machine Gun (18 U.S.C. § 922(o)) | Federal Felony | Up to 10 years | Up to $250,000 | Federal firearms prohibition | Supervised release up to 3 years; no parole; loss of voting rights; potential deportation for non-citizens |
| Use of a Machine Gun During a Crime of Violence (18 U.S.C. § 924(c)) | Federal Felony | Mandatory minimum 30 years (if machine gun used) | Up to $250,000 | Federal firearms prohibition | Consecutive sentence; no parole; supervised release up to 5 years |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., “Advocacy Without Borders,” 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 extensive experience handling federal criminal defense matters, including machine gun charges, in the U.S. District Court for the Western District of Virginia. Mr. Sris personally oversees complex federal cases, ensuring that clients receive dedicated and strategic 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 34 documented results in Roanoke County: 4 dismissed or not guilty, 28 reduced or amended, and 2 deferred — a favorable outcome in all reported instances. While these results are from Roanoke County courts, they demonstrate the firm’s commitment to achieving positive outcomes for clients. Results may vary.
Firm-wide, Law Offices Of SRIS, P.C. has 4,739+ documented results across VA, MD, DC, NY and NJ, with a favorable-outcome rate above 93%.
Our location in Woodstock is approximately 100 miles from the U.S. District Court for the Western District of Virginia in Roanoke, with access via I-81 and I-581. We serve clients throughout Roanoke County, including Salem, Vinton, Cave Spring, Hollins, and Catawba. If you need a machine gun possession lawyer in Roanoke County, we are available 24/7 for phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Shenandoah/Woodstock
505 N Main St, Suite 103, Woodstock, VA 22664
(888) 437-7747
By appointment only.
Frequently Asked Questions About Federal Machine Gun Charges in Roanoke County
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 Western District of Virginia under the Federal Criminal Code (18 U.S.C.).
How does a Virginia lawyer defend against possession or use of a machine gun charges?
Defense strategies for possession or use of a machine gun in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under 18 U.S.C. § 922(o) to build the strongest possible defense.
What should I do if I am facing possession or use of a machine gun charges in Virginia?
If facing possession or use of a machine gun 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.
What is the penalty for a misdemeanor in Roanoke County, Virginia?
A Class 1 misdemeanor in Roanoke 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 Roanoke County General District Court (305 East Main Street, Salem, VA 24153).
Can criminal charges be expunged in Roanoke 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 Roanoke County Circuit Court. First-offense marijuana possession may qualify through deferred disposition.
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Last verified: May 2026