Firearm by Felon Lawyer Fairfax, VA

If you have been charged with possession of a firearm by a convicted felon in Fairfax, Virginia, the stakes are immediate and serious. Under Virginia Code § 18.2-308.2, a conviction carries a mandatory minimum prison sentence and can permanently alter your record, your employment opportunities, and your right to own a firearm ever again. The charge is a Class 6 felony prosecuted in Fairfax County, where the Commonwealth’s Attorney handles these cases through the General District Court for preliminary hearings and the Circuit Court for trials. Mr. Sris and his Of Counsel at Law Offices Of SRIS, P.C. represent individuals facing firearm-by-felon allegations in Fairfax and throughout Northern Virginia, drawing on extensive combined legal experience and a thorough understanding of how these charges are built and litigated. To discuss your situation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Firearm by Felon Means in Fairfax, VA

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. The offense is treated as a Class 6 felony, and the penalty structure escalates significantly when the prior felony was a violent offense. The charge itself does not require proof that the firearm was used or displayed—simple possession is enough. In Fairfax County and the independent City of Fairfax, these cases move through two courts: the Fairfax County General District Court (4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030) handles the initial appearance, bail determinations, and preliminary hearings, while the Fairfax County Circuit Court (or the City of Fairfax Circuit Court) conducts felony trials and all appeals from the lower court.

Defendants have the absolute right to a jury trial in Circuit Court for any charge carrying potential jail time. Because Fairfax County’s dockets move quickly, engaging counsel early can affect the direction of the case at the preliminary hearing stage. Plea bargaining is permitted under Virginia Supreme Court Rule 3A:8, so an experienced criminal defense attorney can negotiate with the Commonwealth’s Attorney to pursue charge amendments, reduced penalties, or alternative resolutions where the facts support them.

The Fairfax Location of Law Offices Of SRIS, P.C. Appears regularly in both the General District and Circuit Courts that serve Fairfax County, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area. Our familiarity with the local procedures, the prosecutors assigned to firearms dockets, and the expectations of the bench allows Mr. Sris and his Of Counsel to build a defense grounded in the realities of this jurisdiction.

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

Every firearm-by-felon charge is scrutinized for constitutional and procedural weaknesses. Mr. Sris and his Of Counsel begin by examining the stop, search, and seizure that led to the discovery of the weapon. If the search violated the Fourth Amendment, the firearm itself may be suppressed, potentially ending the prosecution. The team also verifies the underlying predicate felony—whether it qualifies as a violent felony under Virginia’s classification statute, and whether the defendant’s civil rights had been restored before the alleged possession. Restoration of rights by the governor can eliminate the disability entirely, making the firearm charge unsustainable.

The firm’s Of Counsel includes a former Virginia State Trooper whose years of law-enforcement experience provide insight into patrol procedures, evidence handling, and charging decisions. That perspective is paired with Mr. Sris’s background as a former prosecutor, giving the defense team a thorough understanding of how the Commonwealth’s Attorney constructs a firearms case. When appropriate, the team negotiates for charge reductions—for example, to a misdemeanor possession of a weapon if the felony predicate is challenged—or seeks a deferred disposition where the law permits. Every plea and trial strategy is tailored to the specific evidence and the client’s goals, always with an eye toward protecting both liberty and future firearm rights.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced criminal defense since 1997. He is admitted to the bars of Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris brings a practical, litigation-focused approach to every firearm-by-felon case, working alongside his Of Counsel team to challenge the State’s evidence and protect the client’s record.

His Of Counsel include experienced defense attorneys whose backgrounds include former service as a Virginia State Trooper and former prosecution in Maryland. Collectively, they bring extensive combined legal experience to firearms charges in Fairfax, covering everything from bond hearings to full felony trials. The firm’s multi-state practice means that collateral consequences—such as federal firearms disabilities under 18 U.S.C. § 922(g)—are considered from the very beginning.

Last reviewed: July 2026

Frequently Asked Questions

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

A defense against firearm by felon charges in Virginia often focuses on whether the search that uncovered the weapon was lawful, whether the defendant knew the firearm was present, and whether the underlying felony conviction qualifies under the statute. The attorney may file a motion to suppress if the stop or seizure violated the Fourth Amendment. If the defendant’s civil rights have been restored by the Governor, the disability to possess a firearm is removed. Additionally, the prosecution must prove the defendant knew the firearm was present and had the intent to exercise dominion and control over it. An experienced attorney evaluates the facts under Virginia Code § 18.2-308.2 to build the strong $1.

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

If you are facing firearm by felon charges in Virginia, contact a criminal attorney immediately and do not discuss the facts with anyone except your lawyer. Preserve all relevant documents, messages, and any evidence that might show how the firearm was discovered or who owned it. Do not make statements to law enforcement without counsel present. The statute of limitations and court deadlines under Virginia law require prompt action, and early engagement can affect bond decisions and the preliminary hearing. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your case.

Can a convicted felon ever regain firearm rights in Virginia?

Yes, a convicted felon may regain firearm rights in Virginia through a gubernatorial restoration of civil rights, which can include the right to possess a firearm if the Governor’s order explicitly addresses firearm disability. Restoration is not automatic; it requires a petition to the Governor’s office and a showing of rehabilitation. Even after restoration, federal law under 18 U.S.C. § 922(g) may still prohibit possession depending on the nature of the prior conviction, so an attorney should review both state and federal consequences before a person assumes they may possess a firearm.

What happens at a preliminary hearing for a firearm by felon charge in Fairfax County?

At the preliminary hearing in Fairfax County General District Court, the Commonwealth must present sufficient evidence to establish probable cause that a felony was committed and that the defendant committed it. The hearing is not a full trial; the defendant has the right to cross-examine witnesses but not to present a full defense. If the judge finds probable cause, the case is certified to the Circuit Court for trial. If the evidence is insufficient, the charge may be dismissed or reduced to a misdemeanor. An experienced attorney can use the preliminary hearing to evaluate the State’s case and lock in witness testimony.

Where is the Fairfax County Circuit Court located, and when does the court sit?

Fairfax County Circuit Court is located at 4110 Chain Bridge Road, Fairfax, VA 22030, and conducts felony trials during its regular terms. The court hears all felony jury trials arising from arrests in Fairfax County, as well as appeals from the General District Court. Counsel appearing on criminal matters should plan filings according to the court’s calendar. For information about your specific court date or docket, contact the clerk’s office or speak with your attorney. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 for guidance on appearing in Fairfax County courts.

Related Legal Help: Fairfax County Criminal Defense | Falls Church Criminal Lawyer | Prince William County Criminal Defense | Manassas Criminal Lawyer

Virginia Primary Sources: Virginia Code § 18.2-308.2 | Fairfax County Circuit Court | Virginia Courts

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

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