virginia felon in possession of a firearm

During a traffic stop yesterday on the 4200 block of Hollywood Avenue, police detained forty year old Artis . 9119 Church St, 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 . R.C. Misdemeanors are punishable by up to one year in jail, while felonies are considered to be more serious crimes and are generally punishable by imprisonment for more than one year. The states that currently allow non-violent felons to possess firearms include: Alaska (if 10 years have passed since your felony conviction) Indiana. Felon in Possession of Firearm (Va. Code 18.2-308.2): Possession or transportation of a firearm, ammunition, stun weapon, explosive, or concealed weapon by a felon or person adjudicated delinquent in Virginia is a Class 6 felony. A copy of this press release is located on the website of the U.S. Attorneys Office for the Eastern District of Virginia. RICHMOND, Va. (WRIC) A man was found guilty of a firearm charge by a federal jury, after an incident involving Richmond Police in January 2022. 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. Alexandria, VA 22314. Sentence Relative to the Guideline Range. 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. #108 Law, Intellectual Felony gun charges can have severe penalties, and can negatively . Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Michael Weddel, Acting Special Agent in Charge of the ATFs Washington Field Division; and Rick Edwards, Acting Chief of Richmond Police, made the announcement after U.S. District Judge David J. Novak accepted the verdict. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. U.S. Attorney's Office, Eastern District of Virginia, Felon Sentenced for Possessing Firearm Used in Gilpin Court Shooting, Convicted Felon Sentenced for Possession of Firearms and Ammunition, Henrico Man Sentenced on Drug Trafficking and Firearm Charges, Three Individuals Sentenced for Firearm Straw Purchasing Conspiracy, Felon Sentenced For Possessing Firearm Used In Gilpin Court Shooting. When the officers asked if they could speak with them, both individuals began to run from the officers. Felon in possession of a restricted weapon is a Class A misdemeanor. A review of Whitters professorglockz Instagram account revealed numerous pictures of Whitter in possession of the gun, prosecutors noted. Suite 2-500, South Lobby in which the government sought a sentence below the guideline Virginia. The following day, investigators executed a search warrant on the unit and discovered four rifles, four pistols, one shotgun, over 2,000 rounds of ammunition, 2.2 kilograms of marijuana and a digital scale bearing methamphetamine residue. A Kalamazoo man has been sentenced to 70 months in federal prison for being a felon in possession of a firearm. It is generally punishable by a prison sentence ranging from one to three years; again, largely depending on state laws. While running, Green pulled out a firearm that he had in his possession and threw the loaded firearm near one of the residential buildings in the 100 block of St. James Street. Possession and transportation are essentially treated the same under Virginia law so possession and transportation are both listed under the same statute and the penalties are the same. Any person 29 years old or younger, who was adjudged delinquent as a minor older than 14 for an a offense that would be a felony other than mentioned above. 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. 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. We will work with you to ensure that you know what the status of your case is at all times. This can considerably change the outcome of their criminal liability in such situations. 0.0 25.0 50.0 75.0 100.0. Torrence also had $352 in his pocket. Penalties for felons ' illegal gun possession are generally higher than penalties for illegal possession in other contexts (such as possession without a required permit). During the search, deputies discovered a 12-gauge semi-automatic shotgun and ammunition under a sofa in the den of the residence. LegalMatch Call You Recently? 18. HSIs international presence represents DHSs largest investigative law enforcement presence abroad and one of the largest international footprints in U.S. law enforcement. Additionally, there is an exception allowing felons to possess stun weapons in their homes or immediately outside of their homes. Phone: (703) 680-6969, Steve Duckett, Attorney at Law Whitter was previously convicted of felony robbery in Prince William County and is prohibited from possessing firearms and ammunition, they added. Roseburg Police jailed a man for unlawful possession of a firearm and other charges following a traffic stop Monday night. 90-351, 82 Stat. 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. This is Federal. 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. [13A-11-62(1); 13A-8-1(5)] [Read as appropriate]: A pistol is a firearm with a barrel less than 12 inches in length. According to the Department of Justice,. Over two days of testimony in front of United States District Judge Sara Darrow, the government Right of certain persons to limit possession of firearms on premises. The tip line is manned 24 hours a day. A federal district court judge will determine any sentence after taking into account the U.S. Possession can be actual or constructive. No guns for felons. Any person who violates this section shall be guilty of a Class 6 felony. It is generally punishable by a prison sentence ranging from one to three years; again, largely depending on state laws. A locked padlock A copy of this press release is located on the website of the U.S. Attorneys Office for the Eastern District of Virginia. 61-7-16. All rights reserved.Reproduced. Rather than using the term "felony conviction," it says anyone "who has been convicted i. There are some instances in which a felons rights to own a gun can be restored. Cherry (Apr. (a) Except as provided in this section, no person shall possess a firearm, as such is defined in section two of this article, who: (1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year; (2) Is habitually addicted to alcohol; They also discovered two 9 mm pistols, magazines, ammunition and a bulletproof vest in a gun safe in his bedroom. On February 1, 2010, defendant Hall pled guilty , and on June 25, 2010, Hall was sentenced by this Court to time served. On that date, Green and others engaged in a shootout where Green shot and wounded another person with the same firearm he possessed on February 19, 2021. In Ohio the offense is "having weapons while under disability" as proscribed by R.C. Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Michael Weddel, Acting Special Agent in Charge of the ATFs Washington Field Division, made the announcement after sentencing by U.S. District Judge David J. Novak. -------- PSN is an evidence-based program proven to be effective at reducing violent crime. Bailey's Crossroads, Universal Citation: WV Code 61-7-7 (2002 through Reg Sess) (a) Except as provided in this section, no person shall possess a firearm, as such is defined in section two of this article, who: (1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year; (2) Is habitually addicted to alcohol; Copyright Virginia Criminal Lawyer 2023. 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. The .gov means its official. The federal rule is found in 18 U.S.C. Class 5 felonies in Virginia are punishable by: Persons prohibited from committing violent crime while wearing body armor; penalties. Possession with Intent to Distribute Marijuana, Possession of Marijuana on School or Other Public Property With Intent to Distribute, Distribution of Marijuana on School and Other Public Property, Distribution of Marijuana to Person Under 18, Causing Person Under 18 to Distribute Marijuana, Manufacturing Marijuana on School and Other Public Property, Third Offense Marijuana Distribution, Manufacturing, Possession with Intent to Distribute or Manufacture, Possession with Intent to Distribute A Controlled Substance, Distributing, Manufacturing, Possessing with Intent to Distribute Drugs on School and Other Public Property, Assisting Person in Unlawfully Procuring Prescription, Unlawfully Prescribing or Administering Drugs, Assault Based on Race, Religion, Color, National Origin, Malicious Bodily Injury of Law Enforcement Officer, Unlawful Bodily Injury of Law-Enforcement Officer, Intent to Commit Murder, Robbery, Rape, Arson, Intent to Commit Larceny, Assault and Battery, Other Felony, Possession of Firearm While Committing Certain Drug Offenses, Persons Prohibited From Possessing Firearms in Virginia. Any person who was adjudge delinquent as a minor 14 years of older, who committed Murder, Kidnapping/Abduction, Robbery with A Firearm, or Rape. There are exceptions to this statute for members of the Armed Forces or the National Guard, law-enforcement officers in performance of their duties, a convicted felon who has been pardoned or had his political disabilities removed, a convicted felon whohad his right to possess a firearm restored, and any person adjudicated delinquent as a juvenile who served at least two years in the armed forces and received an honorable discharge. Torrence faces a maximum penalty of 10 years in prison when sentenced on June 27. 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. If you have been charged with possessing a firearm then you should consider contacting a Virginia firearm attorney. 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? Library, Bankruptcy To learn more about ChatGPT and how we can inspire students, we sat down with BestReviews book expert, Ciera Pasturel. Centreville, It is punished with 1-5 years in prison or up to 12 months in jail and a fine up to $2500. Phone: (703) 940-1570, Steve Duckett, Attorney at Law 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. Following his arrest, officers returned to the tree area and found a Ruger 9mm semi-automatic pistol. Under specific circumstances, state laws associated with felon gun ownership rights may be different from federal laws. The first step is they must have the governors office in Virginia restore their civil liberties. Chantilly, That must be done by a court of law. After detaining Torrence, the officer went back to the trees and found a Ruger 9mm semi-automatic pistol. Download the free 8News and StormTracker 8 mobile apps! Alexandria, VA 22314. Commonplace in the United States is a distinction Inherently dangerous felonies include rape, robbery, burglary, arson, and kidnapping. All rights reserved. Sentencing for Jackson is scheduled for June 21, 2023, at the U.S. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. Joseph C. Murphy Jr., United States Attorney, announced the guilty plea on Tuesday. The exception for that, however, is if a person has a conviction for a crime of domestic violence. Assistant U.S. Attorney Darryl J. Mitchell prosecuted the case. Ajee Whitter faces up to 15 years in prison. A .gov website belongs to an official government organization in the United States. By calling a Virginia firearm lawyer, you can increase your chances of having the desired outcome that you are looking for. 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. They may be ordered to pay restitution, which involves paying a victim for losses caused by the defendants commission of the felony. SPRINGFIELD, Ill. - A federal jury returned a guilty verdict on February 22, 2023, against Aaron Jackson, 30, of Springfield, Ill. for knowingly possessing a firearm as a convicted felon. at 230-31. When investigators executed a search warrant at Browns home, police say that officers seized: Officials said that during an interview, Brown readily admitted that he and his cohort had been distributing fentanyl pills, methamphetamine, MDMA, and crack cocaine since January 2021. The provisions of subdivision (1) of subsection 1 of this section shall not apply to the possession of an antique firearm. 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. Manassas, VA 20110 Justin W. Williams United States Attorney's Building According to court documents, on June 27, 2018, Ronald Devon Matthews, 36, was convicted of carrying a firearm without a license, a felony, in Pennsylvania. NORFOLK, Va. Three individuals were sentenced today and last week to 58 months in prison combined for engaging in a straw purchasing conspiracy. 46.04 discusses the unlawful possession of a firearm including restrictions on people with felony convictions. According to court documents, Torrences counsel argued against the prosections motion to include the narcotics evidence for contextual purposes. Combating cross-border criminal activity is a critical component of the overall safety, security and well-being of our nation. Before sharing sensitive information, make sure youre on a federal government site. Oregon (if it's been more than 15 years since your non-violent conviction, gun rights are automatically restored) Rhode Island. This class is prohibited constructive possession of firearms, ammunition, and various components. Sec. Homeland Security Investigations (HSI) Washington, D.C., made the announcement after sentencing by U.S. District Judge Arenda Wright Allen. Law, Immigration The governor, however, lacks the authority to restore firearm rights. Two of the firearms were affixed with devices subsequently determined to be illegal firearm silencers or firearm mufflers by the ATF Firearms Technology Branch. [Amended by 1975 c.702 1; 1985 c.543 4; 1985 c.709 2; 1987 c.853 1; 1989 c.839 4; 1993 c.735 2; 1995 c.518 1; 1999 c.1040 16; 2003 c.14 64; 2009 c.189 1; 2009 c.499 3] Source Last accessed Jun. There are multiple reasons for this, such as: It is important to note that there may be some differences between state and federal felony sentencing guidelines, as well as a loss of privileges such as the right to own a firearm. FY 2008 FY 2009 FY 2010 FY 2011 FY 2012. Secure .gov websites use HTTPS Most of us are familiar with the rule that a convicted felon cannot possess a gun. There are some instances in which the defendant can be sued in civil court by the victim. If a person does not have a violent felony that is precluding them for possessing a firearm then there is no mandatory minimum and it is a conviction of a Class 6 felony. According to the United States Department of Justice, officers saw a truck speeding in a residential area of Richmonds Northside on Jan. 3, 2022. PSN is an evidence-based program proven to be effective at reducing violent crime. The Michigan Penal Code ( 750.224f) outlines the criminal punishment for a felon in possession of a firearm conviction. If a person has their civil rights restored, they must contact a Virginia attorney in the jurisdiction in which they lives to file a petition in the circuit court of that jurisdiction asking that gun rights be restored. Torrence had a prior conviction of possessing a firearm as a convicted felon. From jail, Matthews made phone calls instructing an accomplice to clean out his storage unit in Franklin. Individuals convicted of a Felony are prohibited from possessing a firearm in Virginia. Sentencing Guidelines and other statutory factors. 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. 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. & Who else does the law ban from firearm ownership? When Torrence got to a patch of trees, he made a throwing motion, and the officer saw a black object leave Torrences hand. What this means is that if a persons gun ownership rights are restored at the state level, they could still be barred from owning one at the federal level. Secure .gov websites use HTTPS 2100 Jamieson Ave We interviewed our tech expert, Jaime Vazquez, to learn more about accessible smart home devices. South Carolina. Huet's co-defendant and paramour, Marvin E. Hall was charged with possession of a firearm by a convicted felon on or about January 11, 2008, in violation of Title 18, United States Code, Section 922(g)(1). West Falls Church. An experienced and local criminal attorney can advise you of your legal rights and options, and will also be able to represent you in court as needed throughout the process. 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. Citizens convicted of a felony are among those officially classified prohibited persons. So a felony committed between 14-18 revokes your firearm rights until you are 30. 61-7-15a. Virginia Gun Charges. The first element of a felony conviction is typically a foregone conclusion and the Commonwealth can . It also defines firearms and other types of weapons. 1. 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. The person is required under DC law to . A copy of this press release is located on the website of the U.S. Attorneys Office for the Eastern District of Virginia. Share sensitive information only on official, secure websites. Crimes against the person involve bodily harm or injury to a person. Click here to follow Daily Voice Fairfax and receive free news updates. Additionally, the above list can still allow felons the ability to go hunting. Green was previously prosecuted in State Court for the shooting. Did Unlawful possession of a firearm is a class D felony, unless a person has been convicted of a dangerous felony as defined in section 556.061, in which case it is a class C felony. Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality. Law, Products Second or third offenses may result in considerably more severe criminal punishments, such as longer prison sentences and higher fines. Crimes and Offenses Generally Chapter 7. Any person who violates this section by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of any other felony within the prior 10 years shall be sentenced to a mandatory minimum term of imprisonment of two years. We've helped more than 6 million clients find the right lawyer for free. Phone: (703) 348-3116. However, such person may possess in his residence or the curtilage thereof a stun weapon as defined by 18.2-308.1. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. An example of this would be how many states terminate professional licenses such as law licenses, and permits such as firearms permits. There are some instances in which a convicted felon may be found guilty of constructive possession of a firearm. Lock Crimes against property generally involve crimes directed at someones home; however, they also include crimes against personal property. In Virginia, it's illegal to carry concealed guns or certain other dangerous weapons (including switchblades and bowie knives) unless you have a valid concealed carry permit from the state, or you're in your own home, property, or business. 2:22-cr-110. The driver later identified as Torrence was reportedly wearing a black ski mask. Matthews was sentenced to 81 months in prison with 3 years of supervised release. Consequences of Violating Gun Laws After Felony Conviction. If the person has, for example, a violent felony on their history then the penalties are higher than they would be if it is a non-violent felony but, under all circumstances, a person who is convicted of a felony and who is in possession of a firearm is guilty of, at the very least, a Class 6 felony. 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. Within Above Gov't Spons. 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. The victim may be able to recover monetary damages for: Commission of a felony carries additional penalties. A weekly compilation of engaging digital content. Our Criminal Defense Attorneys are happy to help you with your criminal charge in Northern Virginia. Call 479-222-6773 to schedule a free consultation. L. No. The potential penalties for possession of a firearm by a felon in Virginia will depend on the exact nature of the circumstances that led the person to be prohibited. Shooting at a vehicle, possession of a sawed-off shotgun, and forgery of public documents are all Class 4 felonies in Virginia. That is not true in Virginia. A person who has been convicted of an offense under Section 22.01 (Assault), punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of: 2. A felon is prohibited from possessing firearms, except where the sentence has been overturned, dismissed, vacated, or where he has been pardoned. The site is secure. The possession of any firearm by a person, or by a felony in Virginia will be a separate felony in this case and he could be punished by the authorities with some mandatory minimum of the time for the guy who is the prison under the time of Virginia law code 18.2-308.2. Felon in possession of a firearm is a Class C felony. An example of this would be if a defendant commits the felony of aggravated battery, and the victim suffers extensive injuries requiring medical treatment. Testimonials & Reviews: Our Clients Words, Any adult convicted of a felony (with the exception noted below). This statute also criminalizes possession ofammunition, stun weapons, explosives, or concealed weapons in Virginia by a convicted felon. Federal Law, separate from this specific statute, also prohibits the purchase or possession of a firearm by anyone convicted of. Law, Employment Law Practice, Attorney Complete the form below to receive a free consultation. This is because they still have a right to protect themselves and their homes using certain weapons, which can vary by state law. After a brief car chase which reached speeds of approximately 70 mph Torrence stopped his truck and attempted to run away into a patch of bamboo. The key element is the definition of "disability.". 15 922(e)-(f), 82 Stat. Additionally, being found guilty of this crime would naturally harm the persons ability to ever own a firearm in the future. For a conviction with 10 years of any previous felony, there is a two year mandatory minimum sentence. [13A-1-2(13)] 924(e), the Armed 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. Services Law, Real This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justices violent crime reduction efforts. You should check your states gun restoration laws in order to determine your eligibility for gun ownership rights restoration if you have been convicted of a felony. 26, 2021 REMOVE ADS Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. This case is part of Project Safe Neighborhoods (PSN). According to police, the firearm had been reported stolen on Nov. 27, 2021. Torrence has a prior conviction for possessing a firearm as a convicted felon. The career criminal could spend the rest of his life in prison. Ghost guns are firearms bearing no serial number that are typically homemade or home assembled. However, any person who violates this section by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of a violent felony as defined in 17.1-805 shall be sentenced to a mandatory minimum term of imprisonment of five years. McLean, Possession of a firearm by a felon is considered to be a felony crime in itself. Man convicted in decades-old Chesterfield murder case dies before sentencing, Best smart home devices for older users, according, How to get started on spring cleaning early, according, Worried about your student using ChatGPT for homework? 197. Estate Episode 5: What's it like to be a special agent with HSI? Fairfax, VA 22030 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.