Possession of a Firearm by a Felon in Virginia A conviction of any crime for which the maximum penalty is greater than one year precludes a person from possessing a firearm in Virginia, and that distinction is important because there are certain states where a misdemeanor can carry more than one-year incarceration. Felon in possession of a firearm is a Class C felony, while felon in possession of a weapon is a Class A misdemeanor. 3:22-cr-15. Despite having lax gun laws, Virginia imposes stiff punishments on individuals who lose their right to possess, use, or handle firearms. An example of this would be how many states terminate professional licenses such as law licenses, and permits such as firearms permits. Additionally, there is an exception allowing felons to possess stun weapons in their homes or immediately outside of their homes. Prince William Virginia Womens Attorneys Association Christmas party! HSI Norfolk joint investigation lands felon in prison for more than 6 years for possession of firearms, ammunition NORFOLK, Va. A joint investigation involving Homeland Security Investigations (HSI) Norfolk, the ATF, the Virginia State Police and the Isle of Wight Sheriff's Office led to an 81-month prison sentence for Ronald Devon . Class 5 Felonies Class 5 felonies are "wobblers"crimes that can be either a felony or a misdemeanor, depending on how the judge or jury decides to treat a conviction. HSIs international presence represents DHSs largest investigative law enforcement presence abroad and one of the largest international footprints in U.S. law enforcement. Possession of a Firearm by a Felon in Virginia Beach In Virginia, if a person was convicted of a felony, they would be prohibited from owning a firearm. Share sensitive information only on official, secure websites. Reston, After officers recovered the firearm, they were able to link it to a shooting which occurred on February 16, 2021, also in Gilpin Court. -------- From jail, Matthews made phone calls instructing an accomplice to clean out his storage unit in Franklin. 17, 2019) she wrote for a panel rejecting an "innocent possession" jury instruction as a defense to a charge of being a felon-in-possession of a firearm. When he is sentenced in June, Brown will face a minimum penalty of 15 years in prison and a maximum of life behind bars. This statute also criminalizes possession of ammunition, stun weapons, explosives, or concealed weapons in Virginia by a convicted felon. Virginia Code 18.2-308.2 sets out the laws regarding firearm possession, use, and handling for convicted felons in Virginia. 0.0 25.0 50.0 75.0 100.0. ) or https:// means youve safely connected to the .gov website. On February 1, 2010, defendant Hall pled guilty , and on June 25, 2010, Hall was sentenced by this Court to time served. HSI is the principal investigative arm of the Department of Homeland Security (DHS), responsible for investigating transnational crime and threats, specifically those criminal organizations that exploit the global infrastructure through which international trade, travel, and finance move. It also defines firearms and other types of weapons. Legally speaking, someone can be in possession of a firearm, without ever touching it. It shall be unlawful for (i) any person who has been convicted of a felony; (ii) any person adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of murder in violation of 18.2-31 or 18.2-32, kidnapping in violation of 18.2-47, robbery by the threat or presentation of firearms in violation of 18.2-58, or rape in violation of 18.2-61; or (iii) any person under the age of 29 who was adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of a delinquent act which would be a felony if committed by an adult, other than those felonies set forth in clause (ii), whether such conviction or adjudication occurred under the laws of the Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof, to knowingly and intentionally possess or transport any firearm or ammunition for a firearm, any stun weapon as defined by 18.2-308.1, or any explosive material, or to knowingly and intentionally carry about his person, hidden from common observation, any weapon described in subsection A of 18.2-308. 2923.13. Additionally, there may be different definitions in terms of what a firearm is, such as a handgun vs. a flare gun. your case, How to Prepare for a Consultation with a Felony Lawyer, Three Strike Law in Different States: 3 Strikes Law Facts, Georgia Neglect to an Elder Person or Resident or Disabled Adult Lawyers, Georgia Failure to Inform by HIV-Infected Persons Attorneys, Georgia Interstate Interference with Custody Lawyers, Georgia Third Offense Interference with Custody Attorneys, Nevada Trafficking in Persons for Financial Gain Lawyers, Nevada Conspiracy or Attempt to Cheat Lawyers, Nevada Teaching Cheating and Selling Cheating Equipment Attorneys, Nevada Gambling Cheating Device Attorneys, Nevada Felony Evading Police and Causing Death or Bodily Harm Attorneys, Nevada Felony DUI Evading Police Attorneys, Nevada Causing Endangerment or Property Damage While Evading Police Lawyers, Texas Possession or Promotion of Child Pornography Attorneys, Texas Aggravated Promotion of Prostitution Attorneys, Texas Sale or Purchase of a Child Attorneys, Texas Interference with Rights of Guardian of the Person Attorneys, Texas Interference with Child Custody Attorneys. According to the investigation, Matthews had a June 2018 felony conviction in Pennsylvania for carrying a firearm without a license. Annandale, If a person was previously deemed or held in a mental health facility, if they were committed for that then they would be ineligible. An example of this would be if they borrowed a car knowing that it contained a gun, or if they were riding in a car that had a gun. Additionally, being found guilty of this crime would naturally harm the persons ability to ever own a firearm in the future. 1. This case is part of Project Safe Neighborhoods (PSN). Possession of a firearm by a felon is considered to be a felony crime in itself. There are some instances in which a felons rights to own a gun can be restored. In fact, possession of a firearm by a convicted felon is itself a felony offense. Fairfax, VA 22030 The Commonwealth must also prove that the weapon was in fact one of the items prohibited by the statute to convict an offender of possession of a firearm by a felon in Virginia. The ATF Firearms Technology Branch determined that wo of the firearms were affixed with devices known as silencers or mufflers, which are illegal. Phone: (703) 940-1570, Steve Duckett, Attorney at Law Prosecutors made note that Brown has a lengthy criminal history, which includes multiple convictions for drug trafficking, as well as a conviction for possession of a firearm by a convicted felon. NORFOLK, Va. An Isle of Wight man was sentenced today to 81 months in prison for being a convicted felon in possession of firearms and ammunition. (Mentioned above: Restrictions to the Right to Bear Arms). Sentence Relative to the Guideline Range. FY 2008 FY 2009 FY 2010 FY 2011 FY 2012. Possession of a firearm by a felon in Virginia is a separate felony that could be punished with mandatory minimum prison time under Va. Code 18.2-308.2. On Dec. 7, 2021, Matthews was arrested after law enforcement executed a search warrant at his residence in Carrsville. Felon in Possession of a Firearm. The enhancement that would be created if a person has a violent felony within the last 10 years carries a mandatory minimum five-year sentence on top of anything else that they might be convicted of. A convicted felon with a nickname to match is facing more than a decade in prison after being busted with an illegal "ghost gun," federal prosecutors announced. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. This is because they still have a right to protect themselves and their homes using certain weapons, which can vary by state law. Phone: (703) 348-3116. Class 1 misdemeanor, punishable by up to 12 months in jail, a fine of up to $2,500, or both. ALEXANDRIA, Va. Over six years ago, two people were killed in . Copyright 1999-2023 LegalMatch. The firearm restriction continues for life - even after supervision, probation, and community custody. To convict an offender of possession of a firearm by a convicted felon charge in Virginia under Va.18.2-308.2 , the Commonwealth must prove that the offender knowingly and intentionally possessed the firearm. Download the free 8News and StormTracker 8 mobile apps! Whitter is scheduled to be sentenced on Feb. 23, 2023. A copy of this press release is located on the website of the U.S. Attorneys Office for the Eastern District of Virginia. 90-351, 82 Stat. HSIs workforce of over 10,400 employees consists of more than 6,800 special agents assigned to 225 cities throughout the United States, and 93 overseas locations in 56 countries. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. According to court documents, in March and April last year, Brown and a co-conspirator sold counterfeit pressed pills containing fentanyl to one of the departments confidential informants and an undercover officer on multiple occasions. Answer (1 of 4): Hum, lets look. RICHMOND, Va. A New York man was sentenced today to 25 years in prison for committing an armed robbery in Farmville, during which he shot the victim in the RICHMOND, Va. A Henrico County man was sentenced today to 110 months in prison for drug trafficking and possession of firearms in furtherance of drug trafficking. 924(e), the Armed By calling a Virginia firearm lawyer, you can increase your chances of having the desired outcome that you are looking for. A federal district court judge will determine any sentence after taking into account the U.S. A. Login. Hood has been arrested and charged more than 14 times since 2017 and has an extensive criminal . 15 922(e)-(f), 82 Stat. Law, About Civil liberties that are forfeited upon conviction of a felony include the right to vote, the right to serve in a jury, et cetera. 922(g)(1). The mandatory minimum terms of imprisonment prescribed for violations of this section shall be served consecutively with any other sentence. Eastern District of Virginia District Court, Prince William County Virginia Courthouse, Law Office of Samuel C. Moore, PLLC526 King St., Suite 506Alexandria, Virginia 22314email: [emailprotected]phone: 703.535.7809fax: 571.223.5234, 2023 The Law Office of Sanuel L Moore, PLLC | Document Retention | Advertising & Terms | Privacy & Cookie Policy. The purpose of barring felons from owning firearms is not to remove their ability to go hunting or to defend themselves, but rather to deter or prevent the use of a firearm in order to commit a crime. Roseburg Police jailed a man for unlawful possession of a firearm and other charges following a traffic stop Monday night. 922 (g) (1) for possession of multiple firearms and/or ammunition, the government must prove that the firearms and/or ammunition at issue were acquired or possessed at different times or stored in different places. RICHMOND, Va. - A federal jury convicted a Richmond man last week on charges of possessing a firearm and ammunition as a convicted felon. Kentucky Revised Statutes 527.040 defines the specifics of this crime. The most common Virginia gun charges tend to be possession of a concealed weapon, or attempted possession of a firearm by a felon. Justin W. Williams United States Attorney's Building According to court records and evidence presented at trial, Rashon Torrence, 26, a convicted felon, threw a firearm during a foot pursuit with a Richmond Police Department officer. If you have been charged with possessing a firearm then you should consider contacting a Virginia firearm attorney. Army Colonel From Alexandria Awarded Medal Of Honor After Recom, Police ID Victim, Suspect In 'Deliberate' Petworth Library Murd, Children, Drugs Found In Manassas Marriott After Reports Of Unr. Crimes against property generally involve crimes directed at someones home; however, they also include crimes against personal property. 3:22-cr-113. After detaining Torrence, the officer went back to the trees and found a Ruger 9mm semi-automatic pistol. According to court documents, on April 11, Whitter was arrested during an undercover sting operation conducted by the Fairfax County Police Department, during which he threw a suspicious bag into the back of a vehicle. Justin W. Williams United States Attorney's Building Here is what the law, Va. Code 18.2-308.2 says in full: A. Sentencing for Jackson is scheduled for June 21, 2023, at the U.S. This is a serious offense. Under state law, felons caught in possession of firearms could face up to 10 years in prison, but many of them don't go to prison at all. 16 people have successfully posted their cases, 5 people have successfully posted their cases, 10 people have successfully posted their cases, 6 people have successfully posted their cases, 20 people have successfully posted their cases, 7 people have successfully posted their cases, 9 people have successfully posted their cases, Can't find your category? 2100 Jamieson Ave Torrence had a prior conviction of possessing a firearm as a convicted felon. McLean, 9119 Church St, 1. West Falls Church. It is generally punishable by a prison sentence ranging from one to three years; again, largely depending on state laws. 197. If a person is convicted of possession of a firearm during a crime of violence or a dangerous crime, they face a mandatory minimum five years of prison time. Suite 12 Use or presentation of a firearm during commission of a felony; penalties. Possession can be actual or constructive. Under that scenario, a convicted felon can possess a firearm but they must have gone through that process first. In Virginia, the maximum penalty for any misdemeanor is up to one year in jail and if one has a conviction for a misdemeanor in Virginia, they are allowed to possess a firearm. CLARKSBURG, W.Va. (WV News) Three individuals are facing felony charges after two investigations by Clarksburg Police. Inherently dangerous felonies include rape, robbery, burglary, arson, and kidnapping. Generally, possession of a firearm by a felon is a Class 6 Felony punishable by up to 5 years in prison and a fine of up to $2,500. 61-7-8. However, possession of a firearm by a felon in Virginia is punished with a mandatory minimum, consecutive sentence of 2 years in prison if he was convicted of a non-violent felony within the past 10 years. Commonplace in the United States is a distinction If the offender was previously convicted for a violent felony, he will be punished with a mandatory minimum, consecutive sentence of 5 years in prison. If the underlying felony was violent as defined by statute, then there is a Mandatory sentence of 5 years. That is not true in Virginia. The Michigan Penal Code ( 750.224f) outlines the criminal punishment for a felon in possession of a firearm conviction. The federal rule is found in 18 U.S.C. Additionally, the above list can still allow felons the ability to go hunting. A locked padlock 999 counterfeit pressed pills containing fentanyl; Approximately 723 grams of methamphetamine; 665 grams of N,N-dimethylpentylone, a federally unscheduled substance similar to MDMA. Ajee Glockz Whitter, 28, of Alexandria faces up to 15 years in prison after pleading guilty to one count of being a felon in possession of a firearm. Section 922 in Title 18 of the U.S. Code This section of the U.S. Code discusses various unlawful acts related to guns. Any person who violates the law by knowing and intentionally possessing or transporting a firearm in Virginia who is previously convicted of a violent felony, it is a mandatory minimum term of imprisonment of five years. It could serve as a deterrent for people who commit felony crimes. PSN is an evidence-based program proven to be effective at reducing violent crime. 18.2-308.7. Possession of deadly weapons by minors; prohibitions. #108 The court convicted Matthews, a previously convicted felon, of possessing multiple firearms and ammunition; he was sentenced on Feb. 24. It is punished with up to 5 years in prison, a fine up to $2500, and forfeiture of the firearm. The Commonwealth has the burden to prove (1) that the defendant was convicted of a felony under any state or federal law and (2) that the defendant was in possession of a firearm or stun weapon as defined in 18.2-308.1 or explosive materials. LegalMatch Call You Recently? You may need to hire a criminal lawyer in your area for help with the specific felony firearm possession laws of your state.