According to the United States Department of Justice, officers saw a truck speeding in a residential area of Richmonds Northside on Jan. 3, 2022. Shreveport, LA - Shreveport Police have arrested a felon in possession of a firearm. 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. Torrence also had $352 in his pocket. Additionally, there are crimes against property, and crimes against a person. Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for restoration order; when issued Virginia Law Code of Virginia Code of Virginia Table of Contents Title 18.2. An officer running after him reportedly saw Torrence throw a black object from his hand. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. This can considerably change the outcome of their criminal liability in such situations. Contact Us to learn more about how we can help you. 3:22-cr-113. An example of this would be how many states terminate professional licenses such as law licenses, and permits such as firearms permits. with honors from the University of Texas in 2014. The key element is the definition of "disability.". 1. From jail, Matthews made phone calls instructing an accomplice to clean out his storage unit in Franklin. 2100 Jamieson Ave That must be done by a court of law. If the underlying felony was violent as defined by statute, then there is a Mandatory sentence of 5 years. A firearm is a weapon from which a shot is discharged by gunpowder. Not only felons, but it's also anyone ineligible for firearm possession. Eastern District of Virginia Whitter is scheduled to be sentenced on Feb. 23, 2023. Federal government websites often end in .gov or .mil. Eastern District of Virginia Mar 1, 2023 Updated Mar 1, 2023. Many states also have laws prohibiting released felons from engaging in activity that is otherwise considered to be lawful. 2100 Jamieson Ave While people who are convicted of a felony generally cannot own a firearm, they may sometimes be able to own other types of weapons. 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. Fairfax, VA 22030 During the search, deputies discovered a 12-gauge semi-automatic shotgun and ammunition under a sofa in the den of the residence. Joseph C. Murphy Jr., United States Attorney, announced the guilty plea on Tuesday. This statute also criminalizes possession of ammunition, stun weapons, explosives, or concealed weapons in Virginia by a convicted felon. Rather than using the term "felony conviction," it says anyone "who has been convicted i. This blog is for educational purposes as well as to give you general information and a 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. Crimes against the person involve bodily harm or injury to a person. These include firearms, ammunition for a firearm, stun weapons, and explosive material, and concealed weapons. The following day, deputies executed a search warrant on Matthews storage 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. #108 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. Ghost guns are firearms bearing no serial number that are typically homemade or home assembled. Most of us are familiar with the rule that a convicted felon cannot possess a gun. . Additionally, in many states, those who commit felonies forfeit the right to vote. 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. 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; of Title 54.1 to simultaneously with knowledge and intent possess any firearm. This can happen if the felony crime they were convicted of gets expunged or removed from their record. 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. 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 police report said just after 9:50 . We are prepared to work diligently to make the Commonwealth prove their case, or get you the best offer available. NORFOLK, Va. Three individuals were sentenced today and last week to 58 months in prison combined for engaging in a straw purchasing conspiracy. 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. ) or https:// means youve safely connected to the .gov website. Felon in possession of a restricted weapon is a Class A misdemeanor. Suite 12 3:22-cr-15. 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. No guns for felons. Copyright Virginia Criminal Lawyer 2023. 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. o. ne Columbus Circle, N.E. This can happen if the convicted felon knew that the firearm was in the home or residence, and they had the ability to maintain control of the gun. 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. To posses a firearm as a convicted felon is 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. There are some circumstances in which a convicted felon can be guilty of constructive possession without ever handling the gun. This case is part of Project Safe Neighborhoods (PSN). Lock Additionally, there is an exception allowing felons to possess stun weapons in their homes or immediately outside of their homes. 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. (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. HSIs international presence represents DHSs largest investigative law enforcement presence abroad and one of the largest international footprints in U.S. law enforcement. The defendant can be ordered to pay restitution by covering the cost of the medical bills. Through PSN, various stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. According to the federal law of the United States, a felon is prohibited from owning a gun. It is generally punishable by a prison sentence ranging from one to three years; again, largely depending on state laws. 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. We will work with you to ensure that you know what the status of your case is at all times. Significant assistance was provided by the Isle of Wight Sherriffs Office. 105 Oronoco St RICHMOND, Va. - A federal jury convicted a Richmond man last week on charges of possessing a firearm and ammunition as a convicted felon. Committing the crime against a child, elderly individual, or member of law enforcement. The victim may be able to recover monetary damages for: Commission of a felony carries additional penalties. 61-7-8. Another point is the broad definition of "possession". A. Persons prohibited from possessing firearms; classifications; right of nonprohibited persons over twenty-one years of age to carry concealed deadly weapons; offenses and penalties; reinstatement of rights to possess; offenses; penalties. Law, Products [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. The FOX6 Investigators pored over five years worth of. Roseburg Police jailed a man for unlawful possession of a firearm and other charges following a traffic stop Monday night. Reston, Citizens convicted of a felony are among those officially classified prohibited persons. Assistant U.S. Attorney Darryl J. Mitchell prosecuted the case. 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 provisions of subdivision (1) of subsection 1 of this section shall not apply to the possession of an antique firearm. Sentencing for Jackson is scheduled for June 21, 2023, at the U.S. 3. ) or https:// means youve safely connected to the .gov website. There are some instances in which a felons rights to own a gun can be restored. Phone: (703) 348-3116. Tysons & PSN is an evidence-based program proven to be effective at reducing violent crime. Any person who violates this section shall be guilty of a Class 6 felony. 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. Commonplace in the United States is a distinction It may also be accompanied by criminal fines and other punishments. Cherry (Apr. 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. In fact, possession of a firearm by a convicted felon is itself a felony offense. NORFOLK, Va. Three individuals were sentenced today and last week to 58 months in prison combined for engaging in a straw purchasing conspiracy. Before sharing sensitive information, make sure youre on a federal government site. The officers attempted to conduct a traffic stop of Torrence, and a brief vehicle pursuit ensued. 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. Alexandria, VA 22314. 18. 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. Class 1 misdemeanor, punishable by up to 12 months in jail, a fine of up to $2,500, or both. Justin W. Williams United States Attorney's Building For a conviction with 10 years of any previous felony, there is a two year mandatory minimum sentence. Annandale, RICHMOND, Va. A federal jury convicted a Richmond man last week on charges of possessing a firearm and ammunition as a convicted felon. Click here to follow Daily Voice Alexandria and receive free news updates. Whitter was previously convicted of felony robbery in Prince William County and is prohibited from possessing firearms and ammunition, they added. 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. [13A-11-70(1)] To possess means to have physical possession or otherwise to exercise dominion or control over tangible property. Prince William Virginia Womens Attorneys Association Christmas party! 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. Mandatory minimum sentencing depends entirely upon why it is that an individual is precluded from possessing a firearm. 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. A weekly compilation of engaging digital content. Generally speaking, felons are still allowed to associate with or be around someone who owns a gun. Legally speaking, someone can be in possession of a firearm, without ever touching it. 46.04 discusses the unlawful possession of a firearm including restrictions on people with felony convictions. It may also be accompanied by criminal fines and other punishments. Our Criminal Defense Attorneys are happy to help you with your criminal charge in Northern Virginia. Here is what the law, Va. Code 18.2-308.2 says in full: A. Fairfax, Inside the bag, investigators found a 9mm semiautomatic ghost gun loaded with a 50-round drum magazine, along with another loaded stick magazine. Bailey's Crossroads, Additionally, being found guilty of this crime would naturally harm the persons ability to ever own a firearm in the future. You may need to hire a criminal lawyer in your area for help with the specific felony firearm possession laws of your state. Combating cross-border criminal activity is a critical component of the overall safety, security and well-being of our nation. The first element of a felony conviction is typically a foregone conclusion and the Commonwealth can . Keep in mind that some laws make distinctions between a felon possessing a gun, and a felon owning a gun. 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. There are some instances in which a convicted felon may be found guilty of constructive possession of a firearm. 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. 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. This class is prohibited constructive possession of firearms, ammunition, and various components. -------- A convicted felon can not legally own a gun in the state of Kentucky, with only three specific exceptions. Law, Immigration Phone: (703) 940-1570, Steve Duckett, Attorney at 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. 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. An official website of the United States government. Click here to stay informed and subscribe to. The exception for that, however, is if a person has a conviction for a crime of domestic violence. HSI encourages members of the public to report crimes or suspicious activity by calling the HSI tip line at 866-347-2423. 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. 2:22-cr-110. Matthews was sentenced to 81 months in prison with 3 years of supervised release. Nessibu will be sentenced on June 16 for all the convictions and faces up to life in prison for the first-degree murder charge. The victim was treated for his injuries at a local hospital. Login. The tip line is manned 24 hours a day. R.C. Law enforcement also discovered two 9mm pistols, magazines, ammunition, and a bulletproof vest in a gun safe in Matthews bedroom. All drug-related charges were dropped in Richmond City Circuit Court. 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. This statute also criminalizes possession ofammunition, stun weapons, explosives, or concealed weapons in Virginia by a convicted felon. Federal prosecutors figured Congress had people like Baldemar Gomez in mind when it created the law prohibiting felons from possessing firearms. Home Criminal Defense Felon in Possession of a Firearm: Va. Code 18.2-302.
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