Firearm by Felon Lawyer Virginia Beach — What Are Your Defense Options?
Possession of a firearm by a convicted felon in Virginia Beach is a serious felony under Va. Code § 18.2-308.2, punishable by a mandatory minimum of 2 years in prison. A firearm by felon lawyer Virginia Beach from Law Offices Of SRIS, P.C. is essential to challenge the charge. Our Richmond location serves clients at Virginia Beach courts. Call (888) 437-7747 for a 24/7 consultation.
Virginia Law on Firearm Possession by a Prohibited Person
Virginia Code § 18.2-308.2 makes it a felony for any person who has been convicted of a felony to knowingly possess, transport, or carry any firearm. This statute is strictly enforced in Virginia Beach. The law applies regardless of how much time has passed since the felony conviction. The prosecution must prove you knowingly possessed the firearm and that you have a prior felony conviction. A prohibited person gun charge lawyer Virginia Beach can examine whether the state can meet this burden of proof.
Last verified: April 2026 | Virginia Beach General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the law, see Va. Code § 18.2-308.2 (official Virginia General Assembly). Court information is available at the Virginia Beach General District Court website.
Virginia Beach Court Process for a Felon with Firearm Charge
Your case will begin at the Virginia Beach General District Court for a preliminary hearing. The Commonwealth’s Attorney will present evidence to establish probable cause. If the judge finds probable cause, your case will be certified to the Virginia Beach Circuit Court for a jury trial. This is a Class 6 felony, but carries a mandatory minimum sentence.
- Arrest and Initial Appearance: You will be taken before a magistrate who sets bond. Given the severity, securing release often requires a bond hearing.
- Preliminary Hearing: At Virginia Beach General District Court, the prosecution must show probable cause that you possessed a firearm and have a prior felony.
- Circuit Court Arraignment: If certified, you will be arraigned in Virginia Beach Circuit Court and enter a plea.
- Pre-Trial Motions: Your felon with firearm defense lawyer Virginia Beach will file motions to suppress evidence or challenge the legality of the search.
- Trial or Negotiation: The case proceeds to a jury trial or, if in your best interest, your attorney negotiates for a reduced charge.
Penalties for a Firearm by Felon Conviction
In Virginia Beach, possession of a firearm by a convicted felon is a Class 6 felony carrying a mandatory minimum of 2 years in prison, with a maximum of 5 years, and a potential fine up to $2,500.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of Firearm by Convicted Felon | Class 6 Felony | Mandatory min. 2 years, up to 5 years | Up to $2,500 | Loss of firearm rights permanently; impacts professional licenses | Permanent felony record; loss of voting rights until restored; difficulty finding employment/housing |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Virginia Beach Firearm Defense Team
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to your defense. Our team understands the high stakes of a firearm by felon charge. We have a documented record of building strong defenses by challenging the legality of searches, the chain of custody of evidence, and the knowledge element of the charge.
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
Our firm’s managing attorney, Mr. Sris, is a former prosecutor with a multi-state practice who provides strategic oversight on complex cases. His background in accounting and information systems offers a unique advantage in cases involving technical or financial evidence.
Case Results & Client Advocacy
Law Offices Of SRIS, P.C. has 8 total documented case results across all practice areas in Virginia Beach, with a 100% favorable outcome rate. Our approach focuses on meticulous case analysis to identify weaknesses in the prosecution’s evidence, such as illegal searches or problems with proving knowing possession.
Results may vary. Prior results do not guarantee a similar outcome.
Firearm by Felon Lawyer Near Virginia Beach, VA
Our Richmond location serves clients facing charges at Virginia Beach courts. We are accessible via I-64 and I-264. We serve Virginia Beach, Sandbridge, and Oceana.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359
Richmond, VA 23225
By appointment only.
FAQs: Firearm by Felon Charges in Virginia Beach
What is the penalty for a felon in possession of a firearm in Virginia Beach?
It is a Class 6 felony with a mandatory minimum of 2 years in prison, a maximum of 5 years, and a fine up to $2,500. The mandatory minimum makes this one of Virginia’s most severe non-violent felonies.
Can a felon ever legally own a gun in Virginia?
It depends. Virginia law permanently prohibits firearm possession by convicted felons. The only potential path is to have your civil rights (including firearm rights) restored by the Governor of Virginia, which is exceedingly rare and not available for many violent felonies.
What defenses are available for a firearm by felon charge?
A felon with firearm defense lawyer Virginia Beach can argue you did not knowingly possess the firearm, the firearm was not operational, the search skilled to discovery was illegal, or the prior conviction does not qualify under the statute. Challenging the chain of custody of the evidence is also common.
Does the law apply to antique firearms?
No. Va. Code § 18.2-308.2 excludes antique firearms, defined as those manufactured in or before 1898, or replicas that do not use fixed ammunition. A prohibited person gun charge lawyer Virginia Beach can verify if the firearm in question meets this exemption.
What should I do if I’m arrested for this charge in Virginia Beach?
Do not speak to police without an attorney. Invoke your right to remain silent and your right to a lawyer. Contact a firearm by felon lawyer Virginia Beach immediately. The decisions you make in the first hours after arrest can significantly impact your case.
Related Legal Help in Virginia Beach
If you are facing this charge, you may also need information on: Virginia Criminal Defense Lawyer, Henrico County Criminal Defense Lawyer, or Virginia Beach DUI Lawyer.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.