Virginia Code
Va. Code Ann. § 18.2-300 (2026)
Possession or use of "sawed-off" shotgun or rifle
✓ current as of May 2026
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A. Possession or use of a "sawed-off" shotgun or "sawed-off" rifle in the perpetration or attempted perpetration of a crime of violence is a Class 2 felony.
B. Possession or use of a "sawed-off" shotgun or "sawed-off" rifle for any other purpose, except as permitted by this article and official use by those persons permitted possession by § 18.2-303, is a Class 4 felony.
Code 1950, § 18.1-268.2; 1968, c. 661; 1975, cc. 14, 15; 1978, c. 710; 1992, c. 580.
Notes of Decisions
Cited in 23
cases (2 in the last 5 years), 1980–2026 · leading case: Schwartz v. Commonwealth, 611 S.E.2d 631 (Va. Ct. App. 2005).
Schwartz v. Commonwealth, 611 S.E.2d 631 (Va. Ct. App. 2005). “Code § 18.2-300, the statute under which the appellant in Hall was *436 convicted, “defines two separate crimes,” one each in its two subsections, A and B.”
Armstrong v. Commonwealth, 549 S.E.2d 641 (Va. Ct. App. 2001). “2d 727 (1992), we held that the gun was close enough to actual firing capacity to justify a conviction for possession of the firearm in violation of Code § 18.2-300 (the Sawed-off Shotgun Act).”
Dillard v. Commonwealth, 504 S.E.2d 411 (Va. Ct. App. 1998). “In prosecutions for possession of a sawed-off shotgun under Code § 18.2-300, the Commonwealth must prove that the subject weapon falls within the statutory definition set forth in Code § 18.”
Turner v. Commonwealth, 273 S.E.2d 36 (Va. 1980). “2-31 (d) 1 ; possession of a sawed-off shotgun in the commission of a crime of violence (robbery), Code § 18.2-300(A); and the use of a firearm (a pistol) in the commission of a felony (murder), Code § 18.”
Christopher Wayne Butler v. Commonwealth of Virginia, 763 S.E.2d 829 (Va. Ct. App. 2014). “We noted that Code § 18.2-300 defined two separate crimes with different elements of each offense.”
Phillip C. BAY, S/K/A Philip C. Bay v. COMMONWEALTH of Virginia, 729 S.E.2d 768 (Va. Ct. App. 2012). “5, and two counts of possession or use of a sawed-off shotgun or rifle, in violation of Code § 18.2-300. On appeal, he contends the trial court erred in denying his motion for a change of venue, because all the citizens of Virginia Beach, as the victims of the alleged crimes,…”
Christopher Y. Person v. Commonwealth of Virginia, 729 S.E.2d 782 (Va. Ct. App. 2012). “Person (defendant) appeals his conviction for use of a sawed-off shotgun in the commission of a crime of violence in violation of Code § 18.2-300. In this appeal, defendant contends that the evidence was insufficient to prove that the weapon used met the statutory definition of…”
Taylor v. Commonwealth, 391 S.E.2d 592 (Va. Ct. App. 1990). “In a bench trial, Randolph Taylor was convicted of possession of a sawed-off shotgun in violation of Code § 18.2-300(B). On appeal, Taylor raises the following issues: (1) whether the officers had a reasonable suspicion of criminal activity to stop and detain Taylor; (2) whether…”
Dustin Scott Jones v. Commonwealth of Virginia, 826 S.E.2d 908 (Va. Ct. App. 2019). “See Code § 18.2-300(B). - 23 - III. CONCLUSION For these reasons, we reverse Jones’s convictions for attempted robbery and use of a firearm in the commission of attempted robbery and dismiss those indictments.”
Thomas v. Commonwealth, 561 S.E.2d 56 (Va. Ct. App. 2002). “The defendant in Hall was indicted for “the use of a sawed-off shotgun in the commission of a ‘crime,’ ” a Class 4 felony in violation of Code § 18.2-300(6), but improperly convicted of using such weapon “in the commission of a crime of violence,” a Class 2 felony proscribed by…”
Hall v. Commonwealth, 381 S.E.2d 512 (Va. Ct. App. 1989). “This is a criminal appeal of a conviction of using a “sawed-off” shotgun in the commission of a crime of violence, a Class 2 felony under Code § 18.2-300. Since the indictment only charged the defendant with the lesser included offense of the use of a sawed-off shotgun for a…”
Bruce v. Commonwealth, 387 S.E.2d 279 (Va. Ct. App. 1990). “” In order to convict Bruce under this statute, which carries a more severe penalty than manslaughter or second degree murder, the Commonwealth was required to prove, as an element of its case, that the weapon used was a sawed-off shotgun.”
— Va. Code Ann. § 18.2-300(6) — 1 case
Thomas v. Commonwealth, 561 S.E.2d 56 (Va. Ct. App. 2002). “The defendant in Hall was indicted for “the use of a sawed-off shotgun in the commission of a ‘crime,’ ” a Class 4 felony in violation of Code § 18.2-300(6), but improperly convicted of using such weapon “in the commission of a crime of violence,” a Class 2 felony proscribed by…”
— Va. Code Ann. § 18.2-300(A) — 9 cases
Turner v. Commonwealth, 273 S.E.2d 36 (Va. 1980). “2-31 (d) 1 ; possession of a sawed-off shotgun in the commission of a crime of violence (robbery), Code § 18.2-300(A); and the use of a firearm (a pistol) in the commission of a felony (murder), Code § 18.”
Schwartz v. Commonwealth, 611 S.E.2d 631 (Va. Ct. App. 2005). “Code § 18.2-300, the statute under which the appellant in Hall was *436 convicted, “defines two separate crimes,” one each in its two subsections, A and B.”
Bruce v. Commonwealth, 387 S.E.2d 279 (Va. Ct. App. 1990). “” In order to convict Bruce under this statute, which carries a more severe penalty than manslaughter or second degree murder, the Commonwealth was required to prove, as an element of its case, that the weapon used was a sawed-off shotgun.”
Thomas v. Commonwealth, 561 S.E.2d 56 (Va. Ct. App. 2002). “The defendant in Hall was indicted for “the use of a sawed-off shotgun in the commission of a ‘crime,’ ” a Class 4 felony in violation of Code § 18.2-300(6), but improperly convicted of using such weapon “in the commission of a crime of violence,” a Class 2 felony proscribed by…”
Christopher Wayne Butler v. Commonwealth of Virginia, 763 S.E.2d 829 (Va. Ct. App. 2014). “We noted that Code § 18.2-300 defined two separate crimes with different elements of each offense.”
— Va. Code Ann. § 18.2-300(B) — 10 cases
Dillard v. Commonwealth, 504 S.E.2d 411 (Va. Ct. App. 1998). “In prosecutions for possession of a sawed-off shotgun under Code § 18.2-300, the Commonwealth must prove that the subject weapon falls within the statutory definition set forth in Code § 18.”
Taylor v. Commonwealth, 391 S.E.2d 592 (Va. Ct. App. 1990). “In a bench trial, Randolph Taylor was convicted of possession of a sawed-off shotgun in violation of Code § 18.2-300(B). On appeal, Taylor raises the following issues: (1) whether the officers had a reasonable suspicion of criminal activity to stop and detain Taylor; (2) whether…”
Dustin Scott Jones v. Commonwealth of Virginia, 826 S.E.2d 908 (Va. Ct. App. 2019). “See Code § 18.2-300(B). - 23 - III. CONCLUSION For these reasons, we reverse Jones’s convictions for attempted robbery and use of a firearm in the commission of attempted robbery and dismiss those indictments.”
Schwartz v. Commonwealth, 611 S.E.2d 631 (Va. Ct. App. 2005). “Code § 18.2-300, the statute under which the appellant in Hall was *436 convicted, “defines two separate crimes,” one each in its two subsections, A and B.”
Christopher Wayne Butler v. Commonwealth of Virginia, 763 S.E.2d 829 (Va. Ct. App. 2014). “We noted that Code § 18.2-300 defined two separate crimes with different elements of each offense.”
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