18.2-308.2: Felon Firearm Possession, Penalties, Restoration

In Virginia, a felon in possession of a firearm faces a Class 6 felony charge under Virginia Code 18.2-308.2, and depending on their prior record, a mandatory minimum of two or five years in prison that no judge can suspend.¹ The ban is permanent unless a court restores firearm rights through a specific petition process, and it reaches guns, ammunition, stun weapons, and explosive materials.

Who the Ban Covers

The statute prohibits three groups from having weapons. The largest is anyone convicted of a felony, no matter where. A federal drug conviction, an out-of-state burglary, a Virginia fraud conviction — all three carry the same consequence inside Virginia. For out-of-state cases, the question is whether the conduct would have been a felony under Virginia law.¹

The second group is juveniles adjudicated delinquent at age 14 or older for murder, kidnapping, armed robbery, or rape. For them the ban is permanent, with no age cutoff.

The third group is juveniles adjudicated delinquent at age 14 or older for any other act that would be a felony if an adult did it. The prohibition on this group lifts automatically when the person turns 29. That is the only category in the statute with a built-in expiration.¹

What Counts as Possession

Firearms, ammunition, stun weapons, and explosive materials are all off-limits. The statute also bars concealed weapons that fall under Virginia’s general concealed-weapon rules. Virginia defines a firearm broadly as any device designed to expel a projectile by explosion, and that definition reaches weapons that are currently broken or inoperable. A jammed handgun or a rifle with a cracked firing pin still counts.

There is a single narrow carve-out for stun weapons: a prohibited person may keep one at home or on the surrounding property. Carrying it anywhere else is still a violation.¹

You do not have to be holding a gun to be charged. Virginia recognizes constructive possession, meaning you can be convicted if the prosecution proves you knew a weapon was present and had the ability to exercise control over it. A firearm sitting in an unlocked closet you share with a roommate can meet that standard if the evidence shows awareness and access.

Proximity alone is not enough. The Commonwealth has to show both knowledge and some form of dominion or control, such as exclusive access to the space, ownership of the container, or other circumstantial links. The distinction matters most for people living with a spouse or housemate who lawfully owns guns. The prohibited person needs to make sure they do not have ready access.

One quirk about old guns: federal law excludes firearms manufactured in or before 1898 from its definition of “firearm,” but Virginia’s statute does not.² A pre-1898 piece that is safe from federal charges can still trigger a state prosecution.

Penalties and Mandatory Minimums

Every violation is a Class 6 felony. The ordinary punishment range is one to five years in prison, or at the judge’s or jury’s discretion, up to 12 months in jail, a fine of up to $2,500, or both.³ That flexibility disappears once prior convictions enter the picture.

Two mandatory minimums apply:

Two years if the person has any prior felony conviction within the previous 10 years.
Five years if the person has a prior conviction for a violent felony as defined in Virginia Code 17.1-805, no matter how long ago.

Both minimums run consecutively with any other sentence the defendant is serving or receives in the same proceeding. A judge cannot suspend them. Probation is not an option in place of the mandatory time.¹

The practical gap is wide. Someone with a single, old, nonviolent felony from 15 years ago faces the standard Class 6 range, and a judge could theoretically go with jail time instead of prison. Someone with a more recent felony or a violent felony on their record is looking at two or five years that stack on top of everything else.

When Federal Charges Come Into Play

A felon caught with a gun in Virginia can be prosecuted in state court, federal court, or both. Federal law under 18 U.S.C. 922(g) prohibits anyone convicted of a crime punishable by more than one year in prison from possessing or transporting a firearm or ammunition in interstate commerce.⁴ The interstate-commerce element is read broadly and is satisfied in nearly every case involving a commercially made weapon.

Federal exposure is considerably steeper. A standard 922(g) conviction carries up to 15 years. Defendants who qualify as armed career criminals, meaning three or more prior convictions for violent felonies or serious drug offenses, face a 15-year mandatory minimum under the Armed Career Criminal Act, with no possibility of probation.⁵ Federal prosecutors tend to pick up cases involving repeat violent offenders, but dual prosecution is permitted in any qualifying case.

Who Is Exempt

A short list of people can lawfully possess firearms despite a felony record:

Members of the U.S. Armed Forces or Virginia National Guard acting in the course of their duties.
Law enforcement officers performing their official duties.
People who have been pardoned or had their political disabilities removed by the Governor, though the Governor may limit or withhold firearm rights specifically.
Anyone who has received a judicial restoration order through the petition process below.

These exemptions are narrow. The military and law-enforcement categories cover official duties, not off-duty life. And a pardon does not automatically bring firearm rights back; the Governor’s order has to say so.¹

Getting Firearm Rights Restored

Restoration has two phases. First, you have to get your civil rights back from the Governor. Then you petition a circuit court for firearm rights specifically. A court will not even hear the second petition from someone whose civil rights have not been restored.

Step One: The Governor

The Virginia Constitution gives the Governor sole authority to restore civil rights like voting and jury service. That restoration by itself does not include firearm rights. Applications go through the Governor’s online portal.⁶ Keep the certified order safe once you receive it; you will need to attach it to the court petition.

Step Two: The Circuit Court Petition

You file in the circuit court of the city or county where you live. Non-Virginia residents file in the circuit court of the jurisdiction where they were last convicted or adjudicated delinquent. The petition requires your name, Social Security number, current address, and a full criminal history with the date and jurisdiction of each conviction. A copy goes to the Commonwealth’s Attorney, who may respond and oppose the petition. Either side can request a hearing.¹

The judge may grant the petition “for good cause shown.” That is broad discretion. Courts weigh the nature of the original offense, how much time has passed, evidence of rehabilitation, and any public-safety risk. Nothing about restoration is automatic, and the specific judge matters.

After the Order Is Granted

If the court grants the petition, the clerk certifies the order and sends it, along with a full set of your fingerprints, to the Central Criminal Records Exchange at the Virginia State Police. The State Police then updates the computerized criminal history so that officers running your record see the restoration. The update usually takes 30 to 60 days. Carrying a copy of the court order in the meantime is a sensible precaution during any encounter with law enforcement.

1
Virginia Code Commission. Virginia Code 18.2-308.2 – Possession or Transportation of Firearms, Firearms Ammunition, Stun Weapons, Explosives or Concealed Weapons by Convicted Felons; Penalties; Petition for Restoration Order; When Issued
2
Office of the Law Revision Counsel. 18 USC 921 – Definitions
3
Virginia Code Commission. Virginia Code 18.2-10 – Punishment for Conviction of Felony; Penalty
4
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
5
Office of the Law Revision Counsel. 18 USC 924 – Penalties
6
Commonwealth of Virginia. Restoration of Rights