Phone: (703) 680-6969, Steve Duckett, Attorney at Law 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. All rights reserved. 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. Travis earned his J.D. 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. In fact, possession of a firearm by a convicted felon is itself a felony offense. The states that currently allow non-violent felons to possess firearms include: Alaska (if 10 years have passed since your felony conviction) Indiana. Lock in 2017 from the University of Houston Law Center and his B.A. This is because they still have a right to protect themselves and their homes using certain weapons, which can vary by state law. Not all felony convicted persons are prohibited from possessing a firearm under Ohio law. 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 statute also criminalizes possession of ammunition, stun weapons, explosives, or concealed weapons in Virginia by a convicted felon. Within Above Gov't Spons. [13A-1-2(13)] at 225. Committing the crime against a child, elderly individual, or member of law enforcement. Torrence faces a maximum penalty of 10 years in prison when sentenced on June 27. So a felony committed between 14-18 revokes your firearm rights until you are 30. Chantilly, Rashon . According to court documents, Torrences counsel argued against the prosections motion to include the narcotics evidence for contextual purposes. According to court documents, on February 19, 2021, T'Mar Green, 23, and another person were approached by law enforcement officers in Gilpin Court. Christopher Cobb, 33, pled guilty to communicating a threat against a federal agency and being a felon in possession of a firearm, according to a press release by the Western District of Tennessee U.S. Attorney's Office. Library, Bankruptcy Law enforcement also discovered two 9mm pistols, magazines, ammunition, and a bulletproof vest in a gun safe in Matthews bedroom. Ketia Daniel, founder of BHM Cleaning Co., is BestReviews cleaning expert. 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. 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. Whitter was previously convicted of felony robbery in Prince William County and is prohibited from possessing firearms and ammunition, they added. LegalMatch Call You Recently? 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. 61-7-16. 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. The Michigan Penal Code ( 750.224f) outlines the criminal punishment for a felon in possession of a firearm conviction. U.S. Attorney's Office, Eastern District of Virginia, Felon Convicted of Possessing a Firearm and Ammunition, Man Sentenced for Shooting Farmville Auto Dealership Owner during Armed Robbery, Henrico Man Sentenced on Drug Trafficking and Firearm Charges, Three Individuals Sentenced for Firearm Straw Purchasing Conspiracy. Suite 12 Phone: (703) 940-1570, Steve Duckett, Attorney at Law 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. A. Matthews was sentenced to 81 months in prison with 3 years of supervised release. ALEXANDRIA, Va. Over six years ago, two people were killed in . Additionally, the above list can still allow felons the ability to go hunting. Crimes against the person involve bodily harm or injury to a person. 10505 Judicial Dr, 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. Property Law, Personal Injury HSI encourages members of the public to report crimes or suspicious activity by calling the HSI tip line at 866-347-2423. Commonplace in the United States is a distinction There are some instances in which a convicted felon may be found guilty of constructive possession of a firearm. Examples include, but may not be limited to: It is imperative to note that convicted felons must still obey any laws or restrictions associated with these types of weapons. 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. Attorneys Jessica Wright and Stephen Miller are prosecuting the case. 9119 Church St, Torrence then stopped the truck and ran, with an officer in pursuit. The most common Virginia gun charges tend to be possession of a concealed weapon, or attempted possession of a firearm by a felon. The person is required under DC law to . Federal prosecutors figured Congress had people like Baldemar Gomez in mind when it created the law prohibiting felons from possessing firearms. 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. Shreveport, LA - Shreveport Police have arrested a felon in possession of a firearm. 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. Ashland felon sentenced to five years for possession of a firearm The Herald-Dispatch Feb 3, 2023 The Tri-State's TRUSTED news source. RICHMOND, Va. - A federal jury convicted a Richmond man last week on charges of possessing a firearm and ammunition as a convicted felon. Alexandria, VA 22314. If the person was convicted of a violent felony, especially one involving a firearm, prohibiting them from owning one may help prevent a repeat offense; and. Felon in Possession of a Firearm. An official website of the United States government. 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. Rather than using the term "felony conviction," it says anyone "who has been convicted i. 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. Fairfax, Generally speaking, felons are still allowed to associate with or be around someone who owns a gun. The career criminal could spend the rest of his life in prison. In terms of crimes against property, the more significant the destruction to property or the value of property stolen, the more likely it is that the crime is a felony rather than a misdemeanor. The .gov means its official. Police ID Victim, Suspect In 'Deliberate' Petworth Library Murd, Children, Drugs Found In Manassas Marriott After Reports Of Unr, Toddler Found Next To Large Amount Of Suspected Illegal Narcoti. Copyright Virginia Criminal Lawyer 2023. 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. 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 . A Kalamazoo man has been sentenced to 70 months in federal prison for being a felon in possession of a firearm. 2923.13 (A) (2) prohibits possession if one has been convicted of an "felony offense of . We are prepared to work diligently to make the Commonwealth prove their case, or get you the best offer available. Police also recovered 10 methamphetamine pills, 44 Clonazolam pills and $352 from Torrences person. It shall be unlawful for any person unlawfully in possession of a controlled substance classified in Schedule I or II of the Drug Control Act ( 54.1-3400 et seq.) Class 5 felonies in Virginia are punishable by: 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. 14 901, 82 Stat. This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justices violent crime reduction efforts. Mar 1, 2023 Updated Mar 1, 2023. A .gov website belongs to an official government organization in the United States. Services Law, Real There is a process by which a person can have their rights to possess a firearm restored, and the process can be somewhat lengthy because it is a two-part process. Alexandria, VA 22314. Contact Us to learn more about how we can help you. Inside the bag, investigators found a 9mm semiautomatic ghost gun loaded with a 50-round drum magazine, along with another loaded stick magazine. R.C. 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. Download the free 8News and StormTracker 8 mobile apps! 3:22-cr-113. Courthouse in Springfield. The driver later identified as Torrence was reportedly wearing a black ski mask. 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. Possession of a firearm by a felon Hood was given no bond and remains in custody in Guilford County. A copy of this press release is located on the website of the U.S. Attorneys Office for the Eastern District of Virginia. Manassas, VA 20110 18.2-308.7. The ATF Firearms Technology Branch determined that wo of the firearms were affixed with devices known as silencers or mufflers, which are illegal. 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. 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. 61-7-15. A weekly compilation of engaging digital content. The law also applies to people convicted of felonies as youthful offenders. The governor, however, lacks the authority to restore firearm rights. There are some instances in which the defendant can be sued in civil court by the victim. This class is prohibited constructive possession of firearms, ammunition, and various components. Law, Immigration Second or third offenses may result in considerably more severe criminal punishments, such as longer prison sentences and higher fines. #315 999 counterfeit pressed pills containing fentanyl; Approximately 723 grams of methamphetamine; 665 grams of N,N-dimethylpentylone, a federally unscheduled substance similar to MDMA. In Ohio the offense is "having weapons while under disability" as proscribed by R.C. Alexandria, VA 22314 Even if it is a misdemeanor, that person is prohibited by federal law to possess a firearm so if a person has any conviction for which they can be punished by more than one year in jail or any misdemeanor conviction for domestic assault then that person is not allowed to possess a firearm. Who else does the law ban from firearm ownership? 0.0 25.0 50.0 75.0 100.0. We've helped more than 6 million clients find the right lawyer for free. 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: Additionally, there is an exception allowing felons to possess stun weapons in their homes or immediately outside of their homes. The key element is the definition of "disability.". Testimonials & Reviews: Our Clients Words, Any adult convicted of a felony (with the exception noted below). 2. The exception for that, however, is if a person has a conviction for a crime of domestic violence. Despite having lax gun laws, Virginia imposes stiff punishments on individuals who lose their right to possess, use, or handle firearms. There are some instances in which a felons rights to own a gun can be restored. ICE identifies and apprehends removable noncitizens, detains these individuals and removes illegal noncitizens from the United States. Click here to stay informed and subscribe to. Sentencing for Jackson is scheduled for June 21, 2023, at the U.S. The officers attempted to conduct a traffic stop of Torrence, and a brief vehicle pursuit ensued. 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. It is punished with up to 5 years in prison, a fine up to $2500, and forfeiture of the firearm. Factors that make the classification of the crime a felony include: A person who is convicted of a felony faces prison time of over one year, as well as fines and penalties. Virginia Code 18.2-308.2 sets out the laws regarding firearm possession, use, and handling for convicted felons in Virginia. That must be done by a court of law. [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. (Mentioned above: Restrictions to the Right to Bear Arms). Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality. That five-year prison sentence cannot be suspended. Next 61-7-9. Felon in possession of a firearm is a Class C felony. L. No. NORFOLK, Va. A joint investigation involving Homeland Security Investigations (HSI) Norfolk, the ATF, the Virginia State Police and the Isle of Wight Sheriffs Office led to an 81-month prison sentence for Ronald Devon Matthews, 36, of Isle of Wight, Virginia. 2:22-cr-110. 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. 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. FY 2008 FY 2009 FY 2010 FY 2011 FY 2012. Additionally, in many states, those who commit felonies forfeit the right to vote. 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. Working with our law enforcement partners, HSI made the Norfolk area safer by removing Mr. Matthews and his overabundance of weapons from the streets., Immigration Authority Delegation Program 287(g). CNN A federal judge in West Virginia has invalidated part of a federal law that prohibits the possession of a firearm with an "altered obliterated, or removed" serial number, citing the. United States v. at 230-31. The investigation further revealed that while incarcerated, Matthews made phone calls instructing an accomplice to clean out his storage unit. A lock ( This statute also criminalizes possession ofammunition, stun weapons, explosives, or concealed weapons in Virginia by a convicted felon. Episode 5: What's it like to be a special agent with HSI? Suite 2-500, South Lobby in which the government sought a sentence below the guideline Right of certain persons to limit possession of firearms on premises. Use or presentation of a firearm during commission of a felony; penalties. Lock 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. A felon is prohibited from possessing firearms, except where the sentence has been overturned, dismissed, vacated, or where he has been pardoned. If you are found to unlawfully possess, use, transport, sell, carry, ship, receive, or distribute a firearm with a felony conviction on your record, you could face imprisonment of up to 5 years and fines of up to $5,000. It may also be accompanied by criminal fines and other punishments. An officer running after him reportedly saw Torrence throw a black object from his hand. Updated: Feb 27, 2023 / 06:04 PM EST. Ghost guns are firearms bearing no serial number that are typically homemade or home assembled. 18. Sentencing Guidelines and other statutory factors. Click here to follow Daily Voice Alexandria and receive free news updates. He is expected to be sentenced on June 27 and faces a maximum penalty of 10 years in prison. 46.04 discusses the unlawful possession of a firearm including restrictions on people with felony convictions. Law Practice, Attorney 197. Submit your case to start resolving your legal issue. #108 Annandale, (e) Exception if carrying civil protective order. Green was previously prosecuted in State Court for the shooting. This means that he knew what the weapon was and its location. The Court of Appeals of Wisconsin defined "firearm" for the possession of firearm by felon statute (Wisconsin Statute 941.29(2)) to mean a weapon that acts by force of gun powder to fire a projectile, irrespective of whether it is inoperable due to disassembly.In that decision, the question before the Court of Appeals of Wisconsin was not 'what constitutes a firearm', but rather, 'is a . Possession can be actual or constructive. 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. 3. 1. McLean, In that case, police recovered a firearm on the ground several feet away from the defendant, who had a disqualifying prior conviction. Va. Code Ann. All rights reserved.Reproduced. 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. Penalties for felons ' illegal gun possession are generally higher than penalties for illegal possession in other contexts (such as possession without a required permit). Crimes and Offenses Generally Chapter 7. This can happen if the felony crime they were convicted of gets expunged or removed from their record. 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. An example of this would be how a person who commits a sex offense felony, such as rape or child pornography possession, may be required to register as a sex offender. This is Federal. 90-351, 82 Stat. Mandatory minimum sentencing depends entirely upon why it is that an individual is precluded from possessing a firearm. 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. This material may not be published, broadcast, rewritten, or redistributed. Home Criminal Defense Felon in Possession of a Firearm: Va. Code 18.2-302. 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. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. 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. 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. o. ne Columbus Circle, N.E. On February 1, 2010, defendant Hall pled guilty , and on June 25, 2010, Hall was sentenced by this Court to time served. According to court documents, on February 19, 2021, T'Mar Green, 23, and another person were approached by law enforcement officers in Gilpin Court. They must have their civil rights restored by the governors office first. 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. 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. A federal district court judge will determine any sentence after taking into account the U.S. Rashon Torrence, 26, was convicted of one count of possessing a firearm and ammunition as a convicted felon. RICHMOND, Va. - A Richmond man was sentenced today to 78 months in prison for being a convicted felon in possession of a firearm. Additionally, there may be different definitions in terms of what a firearm is, such as a handgun vs. a flare gun. Civil liberties that are forfeited upon conviction of a felony include the right to vote, the right to serve in a jury, et cetera. Not only felons, but it's also anyone ineligible for firearm possession. Section 922 in Title 18 of the U.S. Code This section of the U.S. Code discusses various unlawful acts related to guns. 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. West Falls Church. Sentence Relative to the Guideline Range. During a December 2021 search of Matthews home, investigators discovered a 12-gauge semi-automatic shotgun and ammunition under a sofa. Prince William Virginia Womens Attorneys Association Christmas party! Legally speaking, someone can be in possession of a firearm, without ever touching it. He stated that, over the course of the conspiracy, they obtained about 1000 fentanyl pills every two weeks, and had also received one kilogram of methamphetamine and eight kilograms of cocaine.