Possession or use of a machine gun is a federal offense under 18 U.S.C. § 922(o), carrying up to 10 years in federal prison, fines, and forfeiture of the firearm. Law Offices Of SRIS, P.C. has extensive criminal defense experience in Chesapeake, Virginia, and provides representation at the U.S. District Court for the Eastern District of Virginia.
Possession or Use of a Machine Gun Lawyer in Chesapeake, Virginia
Understanding Possession or Use of a Machine Gun Charges Under Federal Law
Under 18 U.S.C. § 922(o), it is unlawful for any person to transfer or possess a machine gun, except for certain limited exceptions involving government entities or licensed manufacturers. A machine gun is defined under 26 U.S.C. § 5845(b) as any weapon that shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot without manual reloading by a single function of the trigger. This includes the frame or receiver of such a weapon, any combination of parts designed and intended for use in converting a weapon into a machine gun, and any part designed and intended solely for use in such a weapon. Violations of § 922(o) are prosecuted by the U.S. Attorney’s Office for the Eastern District of Virginia (EDVA), which covers Chesapeake. The EDVA is known for its aggressive prosecution of federal firearms offenses, and conviction rates in federal court exceed 90% nationwide. There is no parole in the federal system, and mandatory minimum sentences may apply in certain circumstances. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience.
Last verified: May 2026 | U.S. District Court for the Eastern District of Virginia | 18 U.S.C. § 922(o) (Cornell LII)
Official Legal References
Insider Perspective on Federal Machine Gun Cases in Chesapeake
In the U.S. District Court for the Eastern District of Virginia, prosecutors routinely pursue maximum penalties for machine gun offenses. The EDVA has a reputation as the “rocket docket” for its fast-paced case management.
We have observed that federal agents often rely on confidential informants and surveillance to build machine gun cases. Early intervention by counsel can significantly affect the outcome.
- Do not speak to law enforcement without your attorney present.
- Preserve all evidence and document any interactions with authorities.
- Contact a federal criminal defense lawyer immediately.
- Review all discovery materials with your attorney to identify defenses.
- Consider whether a pre-indictment resolution is possible.
- Prepare for a potential trial in federal court if negotiations fail.
In Chesapeake, Virginia, possession or use of a machine gun under 18 U.S.C. § 922(o) carries severe federal penalties, including imprisonment and fines.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of a Machine Gun (18 U.S.C. § 922(o)) | Federal Felony | Up to 10 years | Up to $250,000 | Federal firearm prohibition | Forfeiture of firearm; no parole; supervised release |
| Use of a Machine Gun During a Crime of Violence (18 U.S.C. § 924(c)) | Federal Felony | Mandatory minimum 30 years (consecutive) | Up to $250,000 | Federal firearm prohibition | Forfeiture of firearm; no parole; supervised release |
Results may vary.
Documented Case Results
Law Offices Of SRIS, P.C. has 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ. While no specific case result is available for this jurisdiction and topic, the firm has extensive criminal defense experience in federal court. The firm’s overall favorable-outcome rate exceeds 93%.
Results may vary.
Our Location and Service Area
Our location in Richmond is approximately 90 miles from the U.S. District Court for the Eastern District of Virginia (Norfolk Division), with access via I-64 and I-464. We serve clients throughout Chesapeake, including the communities of Deep Creek, Great Bridge, and Greenbrier.
If you are searching for a possession or use of a machine gun lawyer Chesapeake, or an automatic weapon charge defense lawyer Chesapeake, or a machine gun possession lawyer Chesapeake, we are here to help.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225
Phone: (804) 201-9009 | Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions About Possession or Use of a Machine Gun Charges in Chesapeake
What is the penalty for possession or use of a machine gun in Chesapeake, Virginia?
Possession or use of a machine gun is a federal offense under 18 U.S.C. § 922(o). Penalties can include up to 10 years in federal prison, substantial fines, and forfeiture of the firearm. There is no parole in the federal system. Cases are prosecuted in the U.S. District Court for the Eastern District of Virginia.
How does a Virginia lawyer defend against possession or use of a machine gun charges?
Defense strategies for possession or use of a machine gun in Virginia may include challenging the legality of the search and seizure, examining whether the weapon qualifies as a machine gun under federal law, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under 18 U.S.C. § 922(o) to build the strongest possible defense.
What should I do if I am facing possession or use of a machine gun charges in Virginia?
If facing possession or use of a machine gun charges in Virginia, contact a federal criminal attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under federal law require prompt action.
What is the difference between state and federal charges?
Federal charges are prosecuted by the U.S. Attorney with generally harsher penalties and no parole. An experienced federal defense attorney is critical. Cases are heard in the U.S. District Court for the Eastern District of Virginia.
How do federal sentencing guidelines work in Chesapeake, Virginia?
Federal sentencing at U.S. District Court for the Eastern District of Virginia follows the U.S. Sentencing Guidelines — a points-based calculation using offense level and criminal history category. While advisory since Booker (2005), guidelines strongly influence sentencing. Mandatory minimum statutes override downward departures in many firearm offenses. Acceptance of responsibility, substantial assistance (§ 5K1.1), and safety-valve eligibility materially reduce exposure.
What is federal criminal court and how is it different in VA?
Federal criminal cases in VA are prosecuted by U.S. Attorneys in U.S. District Court and carry harsher sentencing guidelines than state charges. Law Offices Of SRIS, P.C. handles federal defense — (888) 437-7747.
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Last verified: May 2026. This page reflects current federal law and procedures for the U.S. District Court for the Eastern District of Virginia.