Virginia Illegal Weapons Possession Penalties (2026)

Unlawful possession of firearms or weapons charges in Virginia: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing illegal weapons possession charges in Virginia, consult a licensed Virginia criminal defense attorney.

Virginia Illegal Weapons Possession Penalties

OffensePenalty
First OffenseClass 6 felony: up to 5 years (felon in possession)
Second OffenseClass 5 felony: 1–10 years (prior violent conviction)

VA Code §18.2-308.2; possession by felon; enhanced for conviction of violent crime

Illegal Weapons Possession Statute of Limitations in Virginia

In Virginia, the general statute of limitations for a felony is None and for a misdemeanor is 1 year.

See all Virginia statutes of limitations →

Defending Against Illegal Weapons Possession Charges in Virginia

Common defenses in Virginia illegal weapons possession cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Virginia criminal defense attorney for advice.

Related Virginia Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication