Felon in Possession lawyer Montgomery County, VA

If you or someone you know is facing a federal charge for being a felon in possession of a firearm in Montgomery County, Virginia, the stakes are immediate and severe. Federal prosecutors in the Western District of Virginia pursue these cases actively under 18 U.S.C. § 922(g). A conviction can carry a prison sentence of up to 15 years—or longer if the Armed Career Criminal Act applies—and there is no parole in the federal system. Mr. Sris and the firm’s Of Counsel attorneys represent individuals in Montgomery County and across Virginia who are under investigation or have been indicted for firearm possession by a prohibited person. Reach Law Offices Of SRIS, P.C. at (888) 437‑7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What “Felon in Possession” Means in Montgomery County, Virginia

A federal felon‑in‑possession charge arises under 18 U.S.C. § 922(g)(1) when a person who has been convicted of a crime punishable by more than one year in prison is found to have shipped, transported, possessed, or received any firearm or ammunition. The prohibition is not limited to guns found on the person; constructive possession—meaning the firearm was in an area the individual controlled—is enough. Because federal law defines “firearm” broadly, these cases often turn on what the government can prove about knowledge and control.

In Montgomery County, federal charges are prosecuted in the U.S. District Court for the Western District of Virginia. The main courthouse is in Roanoke, but proceedings may also take place in the Harrisonburg or Charlottesville divisions. The U.S. Attorney’s Office brings these cases with investigative support from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the FBI, and local police. Mr. Sris has handled matters in the Western District for years, and the firm’s Shenandoah Location serves clients throughout the New River Valley, including Christiansburg, Blacksburg, Riner, Shawsville, and Elliston.

Federal Sentencing Guidelines control the penalty range, and many firearm offenses carry mandatory minimum sentences. Early involvement of counsel—before indictment—can affect the outcome significantly, from negotiating pre‑indictment resolution to shaping the arguments at a detention hearing.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Federal Firearm Possession Cases

Every federal felon‑in‑possession case begins with a detailed review of the government’s evidence: the basis for the traffic stop or search, the chain of custody for the firearm, and the proof that the individual knew the firearm was present. Mr. Sris and the firm’s Of Counsel attorneys challenge every element the prosecutor must prove, from the validity of the underlying felony to the absence of a legal defense, such as the firearm being owned before the prohibiting conviction or the defendant not being a “prohibited person” under the statute.

Our approach includes thorough preparation for detention hearings, where a magistrate judge decides whether the client remains in custody pending trial. We present evidence of community ties, employment, and the absence of danger to argue for release. Throughout the case, we engage in motion practice—suppression motions if the search was unlawful, motions to dismiss if the indictment is defective—and, when appropriate, negotiate with the Assistant U.S. Attorney to seek a charging decision that avoids the harsh mandatory minimums. If trial is necessary, we are prepared to litigate every factual and legal defense.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. A former prosecutor, he understands the federal criminal process from both sides and has practiced since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he personally works with the firm’s Of Counsel attorneys on complex federal matters.

The firm’s Of Counsel attorneys bring extensive combined legal experience to every case. Together, Mr. Sris and the firm’s Of Counsel attorneys have documented case results across all practice areas since 1997. Results may vary. The team’s familiarity with the judges and prosecutors in the Western District of Virginia gives our clients an informed, realistic assessment of their situation and a strategy tailored to the specific court.

Frequently Asked Questions

What is the federal law that makes it a crime for a convicted felon to possess a firearm?

A felon in possession charge is brought under 18 U.S.C. § 922(g)(1), which makes it a federal offense for any person convicted of a crime punishable by more than one year in prison to possess or receive a firearm or ammunition. The statute applies even if the underlying felony was a state conviction and the firearm never crossed state lines, as long as the firearm or ammunition has a minimal connection to interstate commerce. Penalties range from a fine and supervised release to imprisonment up to 15 years for standard cases, escalating if the defendant has prior qualifying convictions.

Which court handles a federal felon‑in‑possession case in Montgomery County, Virginia?

Federal firearm possession cases for Montgomery County are prosecuted in the U.S. District Court for the Western District of Virginia. The main courthouse sits in Roanoke, with divisional courthouses in Harrisonburg and Charlottesville also handling proceedings. Initial appearances and detention hearings may occur before a U.S. Magistrate judge; trial and sentencing take place before a U.S. District judge. The Speedy Trial Act requires indictment within 30 days of arrest and trial within 70 days, though many delays are excluded by statute or motion practice.

What defenses are available against a federal felon‑in‑possession charge?

Defenses may include challenging the legality of the search that uncovered the firearm, disputing that the defendant knowingly possessed the firearm, or arguing that the prior felony conviction does not qualify as a “crime punishable by imprisonment for a term exceeding one year” under federal law. In some cases, a defendant may raise a justification defense—such as necessity—or show that the firearm was owned before the prohibiting conviction and that the defendant had no knowledge of the change in legal status. Each defense depends on the specific facts, and an experienced federal criminal attorney evaluates the viability of each before developing a strategy.

What should I do if I am contacted by federal agents about a firearm possession case?

If a federal agent or ATF investigator contacts you, politely decline to answer questions and request to speak with an attorney. Do not consent to a search of your home, vehicle, or electronic devices. Anything you say can be used against you in grand jury proceedings or at trial. Contact a federal criminal defense lawyer as soon as possible—Law Offices Of SRIS, P.C. can be reached at (888) 437‑7747—so that counsel can intercede before you are charged and protect your rights during any interview.

Does a federal felon‑in‑possession conviction mean I will lose my right to own firearms forever?

Yes, a conviction under 18 U.S.C. § 922(g) generally results in a lifetime federal firearms disability. While it may be possible to restore firearms rights through a gubernatorial pardon, expungement of the underlying felony, or a federal relief‑from‑disabilities petition, these remedies are narrow and rarely granted. The permanent loss of firearm rights is one of the most serious collateral consequences of a federal conviction, and it is essential to explore every possible avenue of defense before a conviction is entered.

How can a lawyer help before I am formally charged in a federal firearm case?

Engaging a lawyer at the investigative stage can influence whether charges are filed and, if so, what charges the U.S. Attorney’s Office brings. Counsel can communicate with the prosecutor to present exculpatory evidence, challenge the admissibility of seized evidence, and negotiate a pre‑indictment resolution that avoids the most severe mandatory minimums. Pre‑charge representation also allows you to prepare for the possibility of arrest and to avoid making statements that could later be used against you. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437‑7747.

Primary sources:
U.S. District Court for the Western District of Virginia |
18 U.S.C. § 922 |
Federal Rules of Criminal Procedure

Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. Law Offices Of SRIS, P.C. serves clients from its Shenandoah Location in Woodstock, Virginia. All consultations are by appointment only. Engaging Law Offices Of SRIS, P.C. Requires a signed engagement agreement.

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