Felon in Possession of a Firearm: Va. Code 18.2-302

Virginia Law on Possessing a Firearm as a Felon

Individuals convicted of a Felony are prohibited from possessing a firearm in Virginia. To posses a firearm as a convicted felon is a Class 6 Felony.

Here is what the law, Va. Code 18.2-308.2 says in full:

A. It shall be unlawful for (i) any person who has been convicted of a felony; (ii) any person adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of murder in violation of § 18.2-31 or 18.2-32, kidnapping in violation of § 18.2-47, robbery by the threat or presentation of firearms in violation of § 18.2-58, or rape in violation of § 18.2-61; or (iii) any person under the age of 29 who was adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of a delinquent act which would be a felony if committed by an adult, other than those felonies set forth in clause (ii), whether such conviction or adjudication occurred under the laws of the Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof, to knowingly and intentionally possess or transport any firearm or ammunition for a firearm, any stun weapon as defined by § 18.2-308.1, or any explosive material, or to knowingly and intentionally carry about his person, hidden from common observation, any weapon described in subsection A of § 18.2-308. However, such person may possess in his residence or the curtilage thereof a stun weapon as defined by § 18.2-308.1. Any person who violates this section shall be guilty of a Class 6 felony. However, any person who violates this section by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of a violent felony as defined in § 17.1-805 shall be sentenced to a mandatory minimum term of imprisonment of five years. Any person who violates this section by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of any other felony within the prior 10 years shall be sentenced to a mandatory minimum term of imprisonment of two years. The mandatory minimum terms of imprisonment prescribed for violations of this section shall be served consecutively with any other sentence.

Who Is Prohibited From Possessing A Firearm

• Any adult convicted of a felony (with the exception noted below)
• Any person who was adjudge delinquent as a minor 14 years of older, who committed Murder, Kidnapping/Abduction, Robbery with A Firearm, or Rape.
• Any person 29 years old or younger, who was adjudged delinquent as a minor older than 14 for an a offense that would be a felony other than mentioned above. So a felony committed between 14-18 revokes your firearm rights until you are 30.
• Federal Law, separate from this specific statute, also prohibits the purchase or possession of a firearm by anyone convicted of misdemeanor domestic assault.

What is the Penalty For Possession A Firearm As A Felon?

This is a serious offense. Generally, possession of a firearm by a felon is a Class 6 Felony punishable by up to 5 years in prison and a fine of up to $2,500. For a conviction with 10 years of any previous felony, there is a two year mandatory minimum sentence. If the underlying felony was “violent” as defined by statute, then there is a Mandatory sentence of 5 years.

Can I Restore My Firearm Rights As A Felon?

Yes, the Law Office is happy to provide Clients with the service of Petitioning for the restoration of their firearm rights in Courts throughout Northern Virginia.

Hire A Lawyer For Your Felon In Possession Charge

Our Criminal Defense Attorneys are happy to help you with your criminal charge in Northern Virginia. We are prepared to work diligently to make the Commonwealth prove their case, or get you the best offer available. We will work with you to ensure that you know what the status of your case is at all times. Contact Us to learn more about how we can help you.