virginia felon in possession of a firearm virginia felon in possession of a firearm

Justin W. Williams United States Attorney's Building A copy of this press release is located on the website of the U.S. Attorneys Office for the Eastern District of Virginia. 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. Significant assistance was provided by the Isle of Wight Sherriffs Office. Services Law, Real Complete the form below to receive a free consultation. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. A locked padlock Torrence faces a maximum penalty of 10 years in prison when sentenced on June 27. 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. He is 22-year-old Teiun Tyree Walker. 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. This is because they still have a right to protect themselves and their homes using certain weapons, which can vary by state law. 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. Any person who violates this section shall be guilty of a Class 6 felony. 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. 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. 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. 999 counterfeit pressed pills containing fentanyl; Approximately 723 grams of methamphetamine; 665 grams of N,N-dimethylpentylone, a federally unscheduled substance similar to MDMA. Our Criminal Defense Attorneys are happy to help you with your criminal charge in Northern Virginia. 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. Torrence also had $352 in his pocket. 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. 0.0 25.0 50.0 75.0 100.0. Class 1 misdemeanor, punishable by up to 12 months in jail, a fine of up to $2,500, or both. 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? Local Business Spotlight: Stafford County Theatre Group Fundraising Event https://youtu.be/bkM-8kus1KE via @YouTube. Fair Oaks, Felony crimes against the person include, among others: Many criminal offenses can be classified as both misdemeanors and felonies. That is not true in Virginia. There are some instances in which the defendant can be sued in civil court by the victim. He was also ordered to forfeit 14 firearms and over 2,000 rounds of ammunition. 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. Civil liberties that are forfeited upon conviction of a felony include the right to vote, the right to serve in a jury, et cetera. 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. Call 1-866-DHS-2-ICE to report suspicious activityReport Crime, Learn facts about U.S. Immigration and Customs Enforcement. ) or https:// means youve safely connected to the .gov website. A weekly compilation of engaging digital content. 96.7% of felon in possession of a firearm offenderswere sentenced to prison; sentences varied widely by whether a mandatory minimum penalty applied in the case. Torrence had a prior conviction of possessing a firearm as a convicted felon. 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? To posses a firearm as a convicted felon is a Class 6 Felony. 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. Lock It is generally punishable by a prison sentence ranging from one to three years; again, largely depending on state laws. During the search, deputies discovered a 12-gauge semi-automatic shotgun and ammunition under a sofa in the den of the residence. Assistant U.S. Attorney Stephen E. Anthony prosecuted the case. HSIs international presence represents DHSs largest investigative law enforcement presence abroad and one of the largest international footprints in U.S. law enforcement. Official websites use .gov 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. 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. Sentencing for Jackson is scheduled for June 21, 2023, at the U.S. For a defendant to be convicted of multiple counts under 18 U.S.C. An official website of the U.S. Department of Homeland Security, Ronald Devon Matthews was a felon in possession of an arsenal, said acting Special Agent in Charge Derek W. Gordon of HSI Washington, D.C.. The amount of damage he could have caused with that quantity of firepower is staggering. 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. Yemaya Ashaki Hughes, 30, of Clarksburg, and Shayla Ann Jackson, 24, homeless, were charged with possession with intent to deliver methamphetamine and cocaine and drug . South Carolina. 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. When Torrence got to a patch of trees, he made a throwing motion, and the officer saw a black object leave Torrences hand. 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. Bureau of Alcohol, Tobacco, Firearms and Explosives. Federal prosecutors figured Congress had people like Baldemar Gomez in mind when it created the law prohibiting felons from possessing firearms. Police also recovered 10 methamphetamine pills, 44 Clonazolam pills and $352 from Torrences person. Whitter is scheduled to be sentenced on Feb. 23, 2023. Next 61-7-9. 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. 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. That five-year prison sentence cannot be suspended. ban on firearm possession.20 Taken together, the felon-in-possession ban 13 Omnibus Crime Control and Safe Streets Act of 1968, Pub. Generally speaking, felons are still allowed to associate with or be around someone who owns a gun. Whitter was previously convicted of felony robbery in Prince William County and is prohibited from possessing firearms and ammunition, they added. PSN is an evidence-based program proven to be effective at reducing violent crime. RICHMOND, Va. - A federal jury convicted a Richmond man last week on charges of possessing a firearm and ammunition as a convicted felon. On February 1, 2010, defendant Hall pled guilty , and on June 25, 2010, Hall was sentenced by this Court to time served. While people who are convicted of a felony generally cannot own a firearm, they may sometimes be able to own other types of weapons. 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. All rights reserved.Reproduced. [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. This statute also criminalizes possession of ammunition, stun weapons, explosives, or concealed weapons in Virginia by a convicted felon. 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 . 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). A .gov website belongs to an official government organization in the United States. 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. Property Law, Personal Injury Attorneys Jessica Wright and Stephen Miller are prosecuting the case. 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. 18.2-308.7. RICHMOND, Va. A Richmond man was sentenced today to 78 months in prison for being a convicted felon in possession of a firearm. 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. When the officers asked if they could speak with them, both individuals began to run from the officers. 2923.13 (A) (2) prohibits possession if one has been convicted of an "felony offense of . Felon in possession of a firearm is a Class C felony. Law Practice, Attorney West Falls Church. at 225. It also defines firearms and other types of weapons. Alexandria, VA 22314. 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. 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. This is Federal. Additionally, there may be different definitions in terms of what a firearm is, such as a handgun vs. a flare gun. Login. An official website of the United States government. (Mentioned above: Restrictions to the Right to Bear Arms). A convicted felon can not legally own a gun in the state of Kentucky, with only three specific exceptions. This field is for validation purposes and should be left unchanged. Any person who was adjudge delinquent as a minor 14 years of older, who committed Murder, Kidnapping/Abduction, Robbery with A Firearm, or Rape. The person is required under DC law to . Share sensitive information only on official, secure websites. These include firearms, ammunition for a firearm, stun weapons, and explosive material, and concealed weapons. 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. 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. An example of this would be how many states terminate professional licenses such as law licenses, and permits such as firearms permits. The federal rule is found in 18 U.S.C. Click here to stay informed and subscribe to. with honors from the University of Texas in 2014. HSI encourages members of the public to report crimes or suspicious activity by calling the HSI tip line at 866-347-2423. , General Assembly going into overtime to finish budget, Va. railroad safety bill rejected before train derailment, GOP panel kills effort to scrap same-sex marriage, GOP plan defunds state agency on marijuana, Restricting solitary confinement not a done deal, Marlboro-maker Altria trades off remaining Juul Labs, Two missing at-risk seniors found by police, Police searching for two endangered missing children, Goochland horse farm owner faces more cruelty charges, Virginia NAACP reflects on 2023 General Assembly, Police continue to investigate deadly double shooting, Chesterfield customers can opt out of recycling, Man shot at Chesterfield nightclub Sunday morning, Va. lawmakers take on China as spy balloon raises, Va. House passes bills impacting transgender students, State board advances harshly criticized history standards, March for Life returns after abortion bans fail, Lawmakers target correctional facilities added fees, Medical use of magic mushrooms in Virginia rejected, Bill requires parental approval for library books, Three Va. towns make the ranks in this family survey, Texas congressmans breaks with GOP could lead to, Amazon pauses construction on 2nd headquarters in, Richmond School Board reacts to administrators resignation, Mother of man gunned down at a red light in Petersburg, Father of missing child Codi Bigsby admitted to leaving, Alex Murdaughs surviving son takes stand at murder, Do Not Sell or Share My Personal Information. 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. 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. Library, Bankruptcy 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. A convicted felon in Fairfax County may spend the rest of his life in prison for conspiring to distribute hundreds of grams of methamphetamine and fentanyl in Virginia, police say. Persons prohibited from committing violent crime while wearing body armor; penalties. This can considerably change the outcome of their criminal liability in such situations. 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. Inherently dangerous felonies include rape, robbery, burglary, arson, and kidnapping. Mar 1, 2023 Updated Mar 1, 2023. 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. Travis earned his J.D. Assistant U.S. Homeland Security Investigations (HSI) Washington, D.C., made the announcement after sentencing by U.S. District Judge Arenda Wright Allen. SEVP is a part of the National Security Investigations Division and acts as a bridge for government organizations that have an interest in information on nonimmigrants whose primary reason for coming to the United States is to be students. FY 2008 FY 2009 FY 2010 FY 2011 FY 2012. Two of the firearms were affixed with devices subsequently determined to be illegal firearm silencers or firearm mufflers by the ATF Firearms Technology Branch. Committing the crime against a child, elderly individual, or member of law enforcement. Keep in mind that some laws make distinctions between a felon possessing a gun, and a felon owning a gun. 15 922(e)-(f), 82 Stat. -------- Click here to follow Daily Voice Fairfax and receive free news updates. Ghost guns are firearms bearing no serial number that are typically homemade or home assembled. 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 . The officers attempted to conduct a traffic stop of Torrence, and a brief vehicle pursuit ensued. Law, Intellectual ICE identifies and apprehends removable noncitizens, detains these individuals and removes illegal noncitizens from the United States. Possession of a firearm by a felon is considered to be a felony crime in itself. Tysons & 61-7-15a. 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. 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. 1. 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. 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. 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. The charge of Felon in Possession of a Firearm is a third degree felony. The victim may be able to recover monetary damages for: Commission of a felony carries additional penalties. If a person was previously deemed or held in a mental health facility, if they were committed for that then they would be ineligible. 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. Legally speaking, someone can be in possession of a firearm, without ever touching it. 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 can also happen in situations in which the firearm is in a truck or car. Sec. 61-7-15. The most common Virginia gun charges tend to be possession of a concealed weapon, or attempted possession of a firearm by a felon. in 2017 from the University of Houston Law Center and his B.A. The investigation further revealed that while incarcerated, Matthews made phone calls instructing an accomplice to clean out his storage unit. The Law Offices of David L. Powell can help if you or a loved one has been charged with Felon Possession of a Firearm in Arkansas or Oklahoma. 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. For a conviction with 10 years of any previous felony, there is a two year mandatory minimum sentence. The mandatory minimum terms of imprisonment prescribed for violations of this section shall be served consecutively with any other sentence. Steve Duckett, Attorney at Law Chantilly, (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. Have a question about Government Services? 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. Not all felony convicted persons are prohibited from possessing a firearm under Ohio law. Alexandria, VA 22314 A federal district court judge will determine any sentence after taking into account the U.S. It is generally punishable by a prison sentence ranging from one to three years; again, largely depending on state laws. Copyright 2023 Nexstar Media Inc. All rights reserved. An official website of the United States government. Section 922 in Title 18 of the U.S. Code This section of the U.S. Code discusses various unlawful acts related to guns. The key element is the definition of "disability.". Citizens convicted of a felony are among those officially classified prohibited persons. According to the Department of Justice,. Your Secure .gov websites use HTTPS Calvin Ray Brown, 50, pleaded guilty on Wednesday, March 1 to conspiracy to distribute 400 grams or more of fentanyl and 500 grams or more of methamphetamine, officials from the Fairfax County Police Department announced. Kentucky Revised Statutes 527.040 defines the specifics of this crime. The first element of a felony conviction is typically a foregone conclusion and the Commonwealth can . 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. Burke, This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justices violent crime reduction efforts. 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. 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. For media inquiries about ICE activities, operations, or policies, contact the ICE Office of Public Affairs at (202) 732-4646. 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. Share sensitive information only on official, secure websites. If you have been charged with possessing a firearm then you should consider contacting a Virginia firearm attorney. 18. Yes, the Law Office is happy to provide Clients with the service of Petitioning for the restoration of their firearm rights in Courts throughout Northern Virginia. It may also be accompanied by criminal fines and other punishments. Copyright 1999-2023 LegalMatch. . 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.) Alexandria, VA 22314. Phone: (703) 940-1570, Steve Duckett, Attorney at Law According to the federal law of the United States, a felon is prohibited from owning a gun. There are some instances in which a felons rights to own a gun can be restored. Matthews was sentenced to 81 months in prison with 3 years of supervised release. 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. 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. Law enforcement also discovered two 9mm pistols, magazines, ammunition, and a bulletproof vest in a gun safe in Matthews bedroom. Felony gun charges can have severe penalties, and can negatively . & There may also be exceptions in terms of white collar felony crimes. Before sharing sensitive information, make sure youre on a federal government site. Possession of deadly weapons by minors; prohibitions. They also discovered two 9 mm pistols, magazines, ammunition and a bulletproof vest in a gun safe in his bedroom. The exception for that, however, is if a person has a conviction for a crime of domestic violence. The governor, however, lacks the authority to restore firearm rights. 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. LegalMatch Call You Recently? (e) Exception if carrying civil protective order. All drug-related charges were dropped in Richmond City Circuit Court. The career criminal could spend the rest of his life in prison. . According to the United States Department of Justice, officers saw a truck speeding in a residential area of Richmonds Northside on Jan. 3, 2022. 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. Contact Us to learn more about how we can help you. Did An officer running after him reportedly saw Torrence throw a black object from his hand.