Firearm by Felon Lawyer Orange County — Defending Prohibited Persons in Virginia
A firearm by felon charge in Orange County, Virginia, is a serious felony under Va. Code § 18.2-308.2, punishable by a mandatory minimum of 2 years in prison. As a prohibited person gun charge lawyer Orange County, Law Offices Of SRIS, P.C. provides a strong defense for those accused of being a felon with a firearm.
Last verified: April 2026 | Orange County General District Court | Virginia General Assembly
Virginia Law on Firearm Possession by a Felon
Under Virginia law, it is illegal for any person who has been convicted of a felony to knowingly possess, transport, or carry any firearm. This prohibition is codified in Va. Code § 18.2-308.2. The statute is strict and applies regardless of how much time has passed since the felony conviction. The law defines “firearm” broadly, including any weapon designed to expel a projectile by action of an explosion. A conviction for this offense is a separate felony, carrying severe penalties that are enhanced if the person has prior violent felony convictions.
Penalties for a Firearm by Felon Conviction in Orange County
In Orange County, a firearm by felon conviction under Va. Code § 18.2-308.2 is a Class 6 felony, but carries a mandatory minimum sentence.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Firearm Possession by Convicted Felon (First Offense) | Class 6 Felony | Mandatory minimum 2 years; up to 5 years | Up to $2,500 | Loss of firearm rights permanently; creates new felony record |
| Firearm Possession by Violent Felon (Prior Conviction) | Class 6 Felony | Mandatory minimum 5 years | Up to $2,500 | Significantly enhanced penalty; federal prosecution possible |
Results may vary. Prior results do not guarantee a similar outcome.
Our Defense Strategy for Prohibited Person Gun Charges
Our firearm by felon lawyer Orange County approach involves a detailed case analysis. We examine whether you knowingly possessed the firearm, if the weapon meets the legal definition, and the circumstances of the search or seizure. For a felon with firearm defense lawyer Orange County, exploring potential constitutional violations during the investigation is a primary focus.
- Case Evaluation & Investigation: We review all police reports, evidence, and witness statements to identify weaknesses in the prosecution’s case.
- Challenge the Stop or Search: We file motions to suppress evidence if your Fourth Amendment rights were violated during the stop, search, or seizure of the firearm.
- Attack “Knowing Possession”: The prosecution must prove you knowingly possessed the firearm. We challenge constructive possession theories.
- Explore Legal Defenses: This includes examining the validity of the predicate felony conviction or potential restoration of rights.
- Negotiate or Trial: We pursue dismissal or reduction of charges through negotiation. If necessary, we prepare a vigorous defense for trial in Orange County Circuit Court.
Why Choose Our Firm for Your Firearm Charge Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. We understand the high stakes of a prohibited person gun charge and provide a dedicated, case-specific defense strategy.
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 & Client Advocacy
In Orange County, our team has secured favorable outcomes in criminal defense cases. Our documented local results include dismissals, not-guilty verdicts, and charge reductions. Results may vary. Prior results do not guarantee a similar outcome. Our prohibited person gun charge lawyer Orange County team, which includes experienced attorneys like Kristen Fisher, a former Maryland prosecutor, works collaboratively to challenge the evidence against you.
Firearm by Felon Lawyer Near Orange County, VA
Our Fairfax location serves clients at the Orange County courts (110 N. Madison Road). We are accessible via Route 15, Route 20, Route 33, and Route 231, serving the communities of Orange and Gordonsville.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Firearm by Felon Defense FAQs
What is the penalty for a felon in possession of a firearm in Virginia?
It is a Class 6 felony with a mandatory minimum of 2 years in prison for a first offense, and a mandatory minimum of 5 years if the prior felony was violent, under Va. Code § 18.2-308.2.
Can a felon ever legally own a gun in Virginia?
It depends. Virginia law permanently prohibits firearm possession by convicted felons unless their civil rights have been fully restored by the Governor. Federal law may still impose a ban even after state restoration. A firearm by felon lawyer Orange County can review your specific situation.
What does “knowing possession” mean in a firearm by felon case?
The prosecution must prove you were aware of the firearm’s presence and had the ability to control it. This can be actual possession (on your person) or constructive possession (e.g., in your home or car). A felon with firearm defense lawyer Orange County challenges this element by arguing lack of knowledge or control.
Can evidence be suppressed in a firearm case?
Yes. If the police discovered the firearm through an illegal stop, search, or seizure that violated your Fourth Amendment rights, a motion to suppress can be filed to have that evidence thrown out, which may lead to the case being dismissed.
Should I talk to the police if I’m investigated for this charge?
No. You have the right to remain silent. Anything you say can be used against you. Politely decline to answer questions and immediately request to speak with a firearm by felon lawyer Orange County. Call us at (888) 437-7747.
Facing a firearm charge as a prohibited person requires immediate action. Contact a firearm by felon lawyer Orange County at Law Offices Of SRIS, P.C. for a confidential case review. We offer 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only at our Fairfax location serving Orange County.