Va. Code » Title 18.2. Crimes and Offenses Generally » Chapter 7. Crimes Involving Health and Safety » Article 6. "Sawed-Off" Shotgun and "Sawed-Off" Rifle Act
Virginia Code

Va. Code Ann. § 18.2-299 (2026)

Definitions

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When used in this article:

"Sawed-off shotgun" means any weapon, loaded or unloaded, originally designed as a shoulder weapon, utilizing a self-contained cartridge from which a number of ball shot pellets or projectiles may be fired simultaneously from a smooth or rifled bore by a single function of the firing device and which has a barrel length of less than 18 inches for smooth bore weapons and 16 inches for rifled weapons. Weapons of less than .225 caliber shall not be included.

"Sawed-off rifle" means a rifle of any caliber, loaded or unloaded, which expels a projectile by action of an explosion of a combustible material and is designed as a shoulder weapon with a barrel or barrels length of less than 16 inches or which has been modified to an overall length of less than 26 inches.

"Crime of violence" applies to and includes any of the following crimes or an attempt to commit any of the same, namely, murder, manslaughter, kidnapping, rape, mayhem, assault with intent to maim, disable, disfigure or kill, robbery, burglary, housebreaking, breaking and entering and larceny.

"Person" applies to and includes firm, partnership, association or corporation.

Code 1950, § 18.1-268.1; 1968, c. 661; 1975, cc. 14, 15; 1992, c. 580; 2004, c. 930.

Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 1988–2026 · leading case: Dillard v. Commonwealth, 504 S.E.2d 411 (Va. Ct. App. 1998).
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Dillard v. Commonwealth, 504 S.E.2d 411 (Va. Ct. App. 1998). · cites it 16× “Code § 18.2-299 defines “sawed-off shotgun” as follows: “ ‘Sawed-off shotgun” applies to any weapon, loaded or unloaded, originally designed as a shoulder weapon, utilizing a self-contained cartridge from which a number of ball shot *343 pellets or projectiles may be fired…”
Cheng v. Commonwealth, 393 S.E.2d 599 (Va. 1990). · cites it 4× “, to testify concerning the statutory requirements defining a shotgun pursuant to Section 18.2-299 of the Code of Virginia, as amended.”
Rogers v. Commonwealth, 418 S.E.2d 727 (Va. Ct. App. 1992). · cites it 12× “” Code § 18.2-299. 1 At trial, Rogers argued that the weapon found did not come within the definition of a sawed-off shotgun pursuant to Code § 18.”
Christopher Y. Person v. Commonwealth of Virginia, 729 S.E.2d 782 (Va. Ct. App. 2012). · cites it 8× “In this appeal, defendant contends that the evidence was insufficient to prove that the weapon used met the statutory definition of “sawed-off shotgun” under Code § 18.2-299. Finding no error, we affirm defendant’s conviction.”
Taylor v. Commonwealth, 391 S.E.2d 592 (Va. Ct. App. 1990). · cites it 4× “Code § 18.2-299(1) defines a sawed-off shotgun as follows: any weapon, loaded or unloaded, originally designed as a shoulder weapon, utilizing a self-contained cartridge from which a number of ball shot pellets or projectiles may be fired simultaneously from a smooth or rifled…”
Bruce v. Commonwealth, 387 S.E.2d 279 (Va. Ct. App. 1990). · cites it 2× “A “ ‘sawed-off shotgun” is statutorily defined as: any weapon, loaded or unloaded, originally designed as a shoulder weapon, utilizing a self-contained cartridge from *301 which a number of ball shot pellets or projectiles may be fired simultaneously from a smooth or rifled bore…”
Henderson v. Commonwealth, 438 S.E.2d 292 (Va. Ct. App. 1993). · cites it 2× “Code § 18.2-299. The evidence proves that appellant was one of two men who chased Chapman and fired upon him with the intent to kill.”
Patrick Daytione Taylor v. Commonwealth of Virginia, 890 S.E.2d 634 (Va. Ct. App. 2023). · cites it 4× “225 caliber” or greater as an element of the possession offense under Code §§ 18.2-299 and -300). Firearms are classified as either center-fire or rim-fire.”
Mark Wayne Gusler v. Commonwealth of Virginia, No. 0790233 (Va. Ct. App. June 18, 2024). · cites it 4× “The trial court found Gusler guilty of using a sawed-off shotgun during a crime of violence, assault and battery, and brandishing a firearm, and sentenced him to 25 years and 24 months’ imprisonment with 13 years and 18 months suspended.”
James D. Cox v. Commonwealth of Virginia, No. 1501133 (Va. Ct. App. Dec. 9, 2014). · cites it 6× “On appeal, appellant contends that the trial court erred “in denying [appellant’s] [m]otions to [s]trike the [e]vidence because the Commonwealth failed to prove that the [a]ppellant was in possession of a ‘sawed[-]off shotgun’ as defined in Virginia Code § 18.2-299 and…”
Sean Marquise Hughes v. Commonwealth of Virginia, 927 S.E.2d 126 (Va. Ct. App. 2026). · cites it 2× “Code § 18.2-299 defines a sawed-off shotgun as “any weapon, loaded or unloaded, originally designed as a shoulder weapon, utilizing a self-contained cartridge from which a number of ball shot pellets or projectiles may be fired simultaneously .”
Williams v. Commonwealth, 537 S.E.2d 21 (Va. Ct. App. 2000). · cites it 2× “In Rogers , we had occasion to consider whether a weapon, which had no firing pin when discovered and, thus, “could not be fired as found,” was nonetheless a “sawed off shotgun” as that term is defined in the “Sawed-Off” Shotgun Act (Code §§ 18.2-299 — 18.2-307). The appellant…”
Show all 13 citing cases →
Va. Code Ann. § 18.2-299(1): 3 cases
Taylor v. Commonwealth, 391 S.E.2d 592 (Va. Ct. App. 1990). “Code § 18.2-299(1) defines a sawed-off shotgun as follows: any weapon, loaded or unloaded, originally designed as a shoulder weapon, utilizing a self-contained cartridge from which a number of ball shot pellets or projectiles may be fired simultaneously from a smooth or rifled…”
Bruce v. Commonwealth, 387 S.E.2d 279 (Va. Ct. App. 1990). “A “ ‘sawed-off shotgun” is statutorily defined as: any weapon, loaded or unloaded, originally designed as a shoulder weapon, utilizing a self-contained cartridge from *301 which a number of ball shot pellets or projectiles may be fired simultaneously from a smooth or rifled bore…”
Rogers v. Commonwealth, 418 S.E.2d 727 (Va. Ct. App. 1992). “” Code § 18.2-299. 1 At trial, Rogers argued that the weapon found did not come within the definition of a sawed-off shotgun pursuant to Code § 18.”
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