In Virginia, gun crimes carry serious penalties under Va. Code § 18.2-308.2, including mandatory minimum sentences. A Gun Crime Lawyer Virginia from Law Offices Of SRIS, P.C. provides strong defense. Firm-wide, SRIS has 4,739+ documented case results with over 93% favorable outcomes. Contact us 24/7.
Virginia Gun Crime Laws and Definitions
Virginia law defines gun crimes under multiple code sections. The primary statute for possession of a firearm by a convicted felon is Va. Code § 18.2-308.2, which makes it a Class 6 felony punishable by 1-5 years in prison. Other gun offenses include carrying a concealed weapon without a permit (§ 18.2-308), brandishing a firearm (§ 18.2-282), and use of a firearm in commission of a felony (§ 18.2-53.1). A Gun Crime Lawyer Virginia understands these distinctions and builds defenses around statutory requirements, constitutional protections, and procedural errors.
Last verified: April 2026 | Virginia General Assembly | Va. Code Title 18.2 (official Virginia General Assembly)
For the full text of Virginia’s firearm statutes, visit the Virginia Code § 18.2 (official Virginia General Assembly). Court procedures for gun crime cases are governed by the Virginia Judicial System.
Insider Procedural Edge for Virginia Gun Crime Cases
Virginia prosecutors often rely on prior conviction records to prove felon-in-possession charges. A Gun Crime Lawyer Virginia examines whether the predicate conviction qualifies under Virginia law. Many out-of-state convictions do not trigger Virginia’s prohibition.
- Step 1: Request a copy of your criminal history from the Virginia State Police.
- Step 2: Identify the predicate conviction used to support the gun charge.
- Step 3: Determine whether the predicate conviction qualifies under Va. Code § 18.2-308.2.
- Step 4: File a motion to suppress evidence if the search or seizure violated your Fourth Amendment rights.
- Step 5: Negotiate with the Commonwealth’s Attorney for a reduction or diversion program.
- Step 6: Prepare for trial if no favorable resolution is reached.
In Virginia, gun crimes carry severe penalties including mandatory minimum prison time, substantial fines, and permanent loss of firearm rights.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felon in Possession (§ 18.2-308.2) | Class 6 Felony | 1-5 years | Up to $2,500 | N/A | Permanent loss of firearm rights |
| Carrying Concealed Weapon (§ 18.2-308) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | N/A | May affect concealed carry permit |
| Brandishing Firearm (§ 18.2-282) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | N/A | Restraining order possible |
| Use of Firearm in Felony (§ 18.2-53.1) | Class 6 Felony | Mandatory 3 years | Up to $2,500 | N/A | Consecutive to underlying felony |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Gun Crime Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience. Our firm has handled 4,739+ documented case results with a 93%+ favorable outcome rate firm-wide. Our tagline is “Advocacy Without Borders.”
Mr. Sris personally amended Va. Code § 20-107.3, demonstrating deep knowledge of Virginia statutory law. Our team includes former prosecutors who understand how the Commonwealth builds gun crime cases.
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Case Results
Firm-wide across VA, MD, NJ, NY, and DC: 4,739+ documented results with 93%+ favorable outcome rate. Our team has secured dismissals, reductions, and favorable pleas in gun crime cases throughout Virginia.
Results may vary. Prior results do not guarantee a similar outcome.
Contact a Gun Crime Lawyer Virginia
Our Fairfax location is accessible via I-66, I-495, and Route 29. We serve clients throughout Virginia.
Looking for a Gun Crime Lawyer Virginia near you? We represent clients in Fairfax, Arlington, Loudoun, Prince William, Richmond, and all Virginia communities.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions About Gun Crimes in Virginia
Can a convicted felon ever own a gun in Virginia?
Yes, but only if your civil rights have been restored by the Governor or through a court order. Restoration of firearm rights requires a separate petition process.
What is the penalty for carrying a concealed weapon without a permit in Virginia?
It is a Class 1 misdemeanor punishable by up to 12 months in jail and a fine up to $2,500. A first offense may qualify for a deferred disposition in some jurisdictions.
Does Virginia have a stand your ground law?
Yes, Virginia Code § 18.2-807 provides a “stand your ground” defense. You have no duty to retreat before using deadly force if you are lawfully present and reasonably believe force is necessary.
Can I get a gun charge expunged in Virginia?
No, Virginia does not allow expungement of convictions. However, if your case is dismissed or you are found not guilty, you may petition for expungement under Va. Code § 19.2-392.2.
What is the mandatory minimum for using a gun during a crime in Virginia?
Three years in prison, which must be served consecutively to any other sentence. This applies under Va. Code § 18.2-53.1 for use of a firearm in the commission of a felony.
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Attorney Profile: Bryan Block — Former Virginia State Trooper
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Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.