Firearm by Felon Lawyer Arlington County, VA

A charge under Va. Code § 18.2‑308.2 — possession of a firearm by a convicted felon — is a Class 6 felony in Virginia, carrying a potential prison sentence of one to five years and, in certain cases, a mandatory minimum term. In Arlington County, these charges are prosecuted in the Arlington County Circuit Court, where the Commonwealth’s Attorney pursues felony convictions vigorously. If you or someone close to you is facing an allegation that a person previously convicted of a felony knowingly possessed or transported a firearm, early guidance from an experienced criminal defense lawyer is essential. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. have handled serious felony matters across Northern Virginia since the firm was founded in 1997, and they work to protect your rights at every stage. Reach our Arlington location at (888) 437‑7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Firearm by Felon Means in Arlington County

Virginia Code § 18.2‑308.2 makes it unlawful for any person who has been convicted of a felony to knowingly and intentionally possess or transport a firearm. “Firearm” is defined broadly to include handguns, rifles, shotguns, and many other weapons capable of expelling a projectile by the action of an explosive. The statute applies regardless of when the underlying felony conviction occurred, and it applies even if the person’s civil rights have been partially restored — restoration of firearm rights requires a separate and specific court order.

In Arlington County, a charge under § 18.2‑308.2 begins with an arrest, often following a traffic stop, a search warrant execution, or a domestic incident. The initial appearance and a bond hearing will take place in the Arlington County General District Court, but because the offense is a felony, a preliminary hearing will also be held in that court to determine whether probable cause exists. If the General District Court finds probable cause, the case is certified to the Arlington County Circuit Court for trial or plea. The Commonwealth’s Attorney for Arlington County prosecutes the case, and the defendant has an absolute right to a jury trial in Circuit Court. The procedural timeline varies depending on the court’s docket and the complexity of the matter, but Virginia law provides defendants with the right to a speedy trial.

Federal authorities may also charge the same conduct under 18 U.S.C. § 922(g)(1) — the federal “felon in possession” statute — if the firearm traveled in interstate commerce. Federal prosecution in the U.S. District Court for the Eastern District of Virginia carries separate sentencing guidelines and typically harsher penalties, including the absence of parole. Because parallel state and federal proceedings can happen, anyone facing a firearm-by-felon allegation needs counsel who understands both systems. Mr. Sris and his Of Counsel are experienced in both Virginia state courts and the federal courts of the Eastern District of Virginia.

How Mr. Sris and His Of Counsel Handle Firearm by Felon Cases

When Mr. Sris and his Of Counsel take on a firearm-by-felon case, they begin by examining every piece of evidence the prosecution intends to use. This includes evaluating the circumstances of the stop or search to determine whether law enforcement complied with the Fourth Amendment and with Virginia search-and-seizure requirements. If the firearm was discovered during a warrantless search, the defense may challenge the admissibility of that evidence through a motion to suppress. The team also scrutinizes the alleged firearm itself: whether it meets the statutory definition, whether the chain of custody is intact, and whether the forensic testing, if any, is reliable.

The second phase involves a detailed review of the client’s prior criminal record. Not every prior conviction reinforces a § 18.2‑308.2 charge equally. If the underlying felony is old, if the client received a pardon, or if the conviction was for an offense that has since been reclassified, the defense may be able to argue that the prohibition does not apply. In some cases, the defense may negotiate with the Commonwealth’s Attorney to amend the charge, perhaps to a non-firearm-related offense that does not trigger the same mandatory sentencing provisions. Throughout the process, Mr. Sris and his Of Counsel keep the client informed and work to identify every viable avenue for a favorable outcome. No two cases are alike, and the approach is tailored to the facts of each matter.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced criminal defense in Virginia since 1997. A former prosecutor, he understands how the Commonwealth builds its cases and how to challenge the state’s evidence. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Alongside Mr. Sris, a team of experienced Of Counsel attorneys handles matters in Arlington County and throughout Northern Virginia, each bringing substantial courtroom experience. Together, Mr. Sris and his Of Counsel bring extensive combined legal experience. Results may vary. Reach the firm at (888) 437‑7747 for a consultation.

Frequently Asked Questions

What are the penalties for possession of a firearm by a convicted felon in Virginia?

Possession of a firearm by a convicted felon is a Class 6 felony with imprisonment of one to five years, or up to 12 months in jail at the jury’s discretion, and mandatory minimum terms of two or five years apply if the prior felony was a violent felony. Fines of up to $2,500 may also be imposed. The specific penalty depends on the nature of the prior conviction and whether the firearm was loaded. A conviction also results in the permanent loss of firearm rights. The Arlington County Circuit Court handles all felony trials.

How does a Virginia lawyer defend against firearm by felon charges?

Defense strategies for firearm by felon in Virginia may include challenging the legality of the search that uncovered the firearm, contesting whether the item meets the statutory definition of a “firearm,” and negotiating with prosecutors to amend the charge under Va. Code § 18.2‑308.2. An experienced attorney evaluates whether the underlying felony conviction is one that triggers the prohibition, examines the chain of custody of the alleged weapon, and investigates any potential violations of the defendant’s constitutional rights during the arrest. Each case is different, and the defense is built on the specific facts.

What should I do if I am facing firearm by felon charges in Arlington County?

If you are accused of possessing a firearm as a convicted felon, contact a criminal attorney immediately and do not discuss the case with anyone other than your lawyer. Preserve any documents, messages, or other evidence that may be relevant. The Commonwealth’s Attorney for Arlington County will begin building a case quickly, and early intervention by defense counsel can influence the direction of the proceedings. Avoid posting about the incident on social media and do not consent to any searches without legal advice. Reach Law Offices Of SRIS, P.C. at (888) 437‑7747 to discuss your situation.

Which court handles possession of a firearm by a felon in Arlington County?

A charge under Va. Code § 18.2‑308.2 is a felony and is ultimately resolved in the Arlington County Circuit Court, although the initial appearance, bond hearing, and preliminary hearing occur in the Arlington County General District Court. If the General District Court finds probable cause, the case is certified to the Circuit Court for trial or a plea. The Circuit Court has jurisdiction over all felony jury trials and all General District Court appeals. The court is located at 1425 N. Courthouse Rd, Suite 2400, Arlington, VA 22201.

Can a firearm by felon charge in Virginia be reduced or dismissed?

Yes, a firearm by felon charge may be reduced or dismissed depending on the evidence, the legality of the search, and the prosecution’s willingness to amend the charge. The firm has secured dismissals and reductions in many felony cases across Virginia. Results may vary. Defense counsel may file motions to suppress evidence obtained unlawfully, challenge the firearm classification, or negotiate a plea to a non-firearm offense. Whether a favorable resolution is possible depends on the unique facts of each case.

Does a felony conviction from another state trigger Virginia’s firearm prohibition?

Yes, a felony conviction from any jurisdiction triggers the prohibition under Va. Code § 18.2‑308.2, provided the offense would be classified as a felony under Virginia law. The Commonwealth must prove the existence of the out-of-state conviction and its felony equivalence. If the prior offense is a misdemeanor in Virginia, the defense may argue that the prohibition does not apply. This is a nuanced area, and an attorney should evaluate the out-of-state conviction carefully.

Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.

Last reviewed: July 2026

Case results depend on a variety of factors unique to each case.