Civil liberties that are forfeited upon conviction of a felony include the right to vote, the right to serve in a jury, et cetera. 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. This is because they still have a right to protect themselves and their homes using certain weapons, which can vary by state law. NORFOLK, Va. Three individuals were sentenced today and last week to 58 months in prison combined for engaging in a straw purchasing conspiracy. West Virginia Code | 61-7-8 An police report said just after 9:50 . If you or someone you know has been arrested or accused of felon in possession of a firearm, or any other misdemeanor or felony offense, please contact our firm for a free consultation so we can provide . 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. 999 counterfeit pressed pills containing fentanyl; Approximately 723 grams of methamphetamine; 665 grams of N,N-dimethylpentylone, a federally unscheduled substance similar to MDMA. 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. On February 1, 2010, defendant Hall pled guilty , and on June 25, 2010, Hall was sentenced by this Court to time served. Eastern District of Virginia Eastern District of Virginia Despite having lax gun laws, Virginia imposes stiff punishments on individuals who lose their right to possess, use, or handle firearms. (Mentioned above: Restrictions to the Right to Bear Arms). West Virginia Code That must be done by a court of law. Can a felon own gun accessories like magazines and scopes? So a felony committed between 14-18 revokes your firearm rights until you are 30. A weekly compilation of engaging digital content. The federal rule is found in 18 U.S.C. Assistant U.S. Attorney Stephen E. Anthony prosecuted the case. CHARLESTON, W.Va. (WCHS) Federal prosecutors said a convicted felon from Boone County who was found with a gun in a holster and a gun in his back pocket pleaded guilty Monday to being a felon . Copyright 1999-2023 LegalMatch. (vi) the possession of a firearm for self-defense or the defense of others against a trespasser into the residence of the person in possession or into a residence in which the person in possession is an invited guest. 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. Va. Code 18.2-308.2 applies to anyone convicted of a felony, anyone who was adjudicated delinquent for a violent crime he committed at the age of 14 or older, or anyone under the age of 29 who was adjudicated delinquent for a crime that would have been a felony if committed by an adult when he was over the age of 14 at the time of the offense. Keep in mind that some laws make distinctions between a felon possessing a gun, and a felon owning a gun. Ashland felon sentenced to five years for possession of a firearm The Herald-Dispatch Feb 3, 2023 The Tri-State's TRUSTED news source. This can happen if the felony crime they were convicted of gets expunged or removed from their record. Chantilly, 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. That five-year prison sentence cannot be suspended. Eastern District of Virginia | Felon Convicted of Possessing a Firearm 8.65 FirearmsUnlawful Possession | Model Jury Instructions R.C. If the underlying felony was "violent" as defined by statute, then there is a Mandatory sentence of 5 years. Suite 2-500, South Lobby in which the government sought a sentence below the guideline PSN is an evidence-based program proven to be effective at reducing violent crime. Torrence faces a maximum penalty of 10 years in prison when sentenced on June 27. 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. Bureau of Alcohol, Tobacco, Firearms and Explosives. RICHMOND, Va. - A Richmond man was sentenced today to 78 months in prison for being a convicted felon in possession of a firearm. 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. 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. While both charges are not good, attempted possession/possession of a firearm by a felon is a felony charge in and of itself. The exception for that, however, is if a person has a conviction for a crime of domestic violence. HSIs international presence represents DHSs largest investigative law enforcement presence abroad and one of the largest international footprints in U.S. law enforcement. This statute also criminalizes possession of ammunition, stun weapons, explosives, or concealed weapons in Virginia by a convicted felon. Most of us are familiar with the rule that a convicted felon cannot possess a gun. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. PDF Quick Facts on Felon in Possession of Firearm Possession of A Firearm By A Felon in Virginia Va. Code 18.2-308.2 Oregon (if it's been more than 15 years since your non-violent conviction, gun rights are automatically restored) Rhode Island. Can a convicted felon own a gun in Virginia? - Quora Additionally, the above list can still allow felons the ability to go hunting. Property Law, Personal Injury Possession of firearms while in possession of certain substances. 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. Additionally, there may be different definitions in terms of what a firearm is, such as a handgun vs. a flare gun. West Virginia Code | 61-7-7 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. Rashon . #108 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. Reston, Secure .gov websites use HTTPS In his spare time off from the legal world and quest for knowledge, this 3rd degree black belt and certified instructor aspires to work with various charities geared towards bringing access to entertainment and gaming to all persons. Present 15.2% of felon in possession of a firearm offenders were convicted of one or more statutes with a mandatory minimum penalty: 3.8% were sentenced under 18 U.S.C. 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. 61-7-15a. at 225. Torrence had a prior conviction of possessing a firearm as a convicted felon. Eastern District of Virginia | Felon Sentenced for Possessing Firearm (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law Centreville, Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Darrell Logwood, Acting Special Agent in Charge of the ATFs Washington Field Division; Colonel Gary T. Settle, Superintendent of Virginia State Police; and Derek W. Gordon, Acting Special Agent in Charge of U.S.