This blog is for educational purposes as well as to give you general information and a He is expected to be sentenced on June 27 and faces a maximum penalty of 10 years in prison. Under specific circumstances, state laws associated with felon gun ownership rights may be different from federal laws. 922(g)(1). This case is part of Project Safe Neighborhoods (PSN). It may also be accompanied by criminal fines and other punishments. 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? If you have been charged with possessing a firearm then you should consider contacting a Virginia firearm attorney. There are some instances in which the defendant can be sued in civil court by the victim. 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. Officers also recovered from Torrence 10 pills of methamphetamine and 44 pills of Clonazolam, a Schedule I controlled substance in Virginia. with honors from the University of Texas in 2014. If the underlying felony was violent as defined by statute, then there is a Mandatory sentence of 5 years. Home Criminal Defense Felon in Possession of a Firearm: Va. Code 18.2-302. 1. 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). Testimonials & Reviews: Our Clients Words, Any adult convicted of a felony (with the exception noted below). Possessing a gun despite being ineligible is a felony offense. Law, Employment RICHMOND, Va. A federal jury convicted a Richmond man last week on charges of possessing a firearm and ammunition as a convicted felon. 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. Rashon Torrence, 26, was convicted of one count of possessing a firearm and ammunition as a convicted felon. Persons prohibited from committing violent crime while wearing body armor; penalties. Secure .gov websites use HTTPS All rights reserved.Reproduced. 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. This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justices violent crime reduction efforts. Have a question about Government Services? 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? 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. However, such person may possess in his residence or the curtilage thereof a stun weapon as defined by 18.2-308.1. If a person was previously deemed or held in a mental health facility, if they were committed for that then they would be ineligible. (Mentioned above: Restrictions to the Right to Bear Arms). Copyright 2023 Nexstar Media Inc. All rights reserved. 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. Individuals convicted of a Felony are prohibited from possessing a firearm in Virginia. 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. ) or https:// means youve safely connected to the .gov website. A Kalamazoo man has been sentenced to 70 months in federal prison for being a felon in possession of a firearm. 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 . Ketia Daniel, founder of BHM Cleaning Co., is BestReviews cleaning expert. He is 22-year-old Teiun Tyree Walker. Law, Products When he is sentenced in June, Brown will face a minimum penalty of 15 years in prison and a maximum of life behind bars. No guns for felons. [13A-1-2(13)] That must be done by a court of law. PSN is an evidence-based program proven to be effective at reducing violent crime. Copyright Virginia Criminal Lawyer 2023. Va. Code Ann. 0.0 25.0 50.0 75.0 100.0. This class is prohibited constructive possession of firearms, ammunition, and various components. The most common Virginia gun charges tend to be possession of a concealed weapon, or attempted possession of a firearm by a felon. Contact Us to learn more about how we can help you. This can considerably change the outcome of their criminal liability in such situations. Torrence then stopped the truck and ran, with an officer in pursuit. Sentence Relative to the Guideline Range. Felon in possession of a firearm is a Class C felony. Alexandria, VA 22314 Federal Law, separate from this specific statute, also prohibits the purchase or possession of a firearm by anyone convicted of. A copy of this press release is located on the website of the U.S. Attorneys Office for the Eastern District of Virginia. [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. Many states also have laws prohibiting released felons from engaging in activity that is otherwise considered to be lawful. If the underlying felony was "violent" as defined by statute, then there is a Mandatory sentence of 5 years. Law, About 61-7-15. Mandatory minimum sentencing depends entirely upon why it is that an individual is precluded from possessing a firearm. Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality. Bailey's Crossroads, When he is sentenced in June, Brown will face a minimum penalty of 15 years in prison and a maximum of life behind bars. 26, 2021 REMOVE ADS This material may not be published, broadcast, rewritten, or redistributed. An police report said just after 9:50 . o. ne Columbus Circle, N.E. 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. 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. McLean, Police also recovered 10 methamphetamine pills, 44 Clonazolam pills and $352 from Torrences person. -------- Here is what the law, Va. Code 18.2-308.2 says in full: A. 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. 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 people who are convicted of a felony generally cannot own a firearm, they may sometimes be able to own other types of weapons. 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. Shreveport, LA - Shreveport Police have arrested a felon in possession of a firearm. #108 Fairfax, 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. Click here to follow Daily Voice Alexandria and receive free news updates. Rashon . Class 1 misdemeanor, punishable by up to 12 months in jail, a fine of up to $2,500, or both. The charge of Felon in Possession of a Firearm is a third degree felony. HSI encourages members of the public to report crimes or suspicious activity by calling the HSI tip line at 866-347-2423. 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. Possession of deadly weapons by minors; prohibitions. Felon in Possession of a Firearm. (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. 2. Share sensitive information only on official, secure websites. 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 . 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. The driver, later identified as Torrence, was wearing a black ski mask. 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. Sec. If convicted, the penalty is up to five years in prison or probation. 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 .gov means its official. Through PSN, various stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. [13A-11-70(1)] To possess means to have physical possession or otherwise to exercise dominion or control over tangible property. 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. Assistant U.S. Secure .gov websites use HTTPS There are some instances in which a convicted felon may be found guilty of constructive possession of a firearm. Inside the bag, investigators found a 9mm semiautomatic ghost gun loaded with a 50-round drum magazine, along with another loaded stick magazine. 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.) 2100 Jamieson Ave Local Business Spotlight: Stafford County Theatre Group Fundraising Event https://youtu.be/bkM-8kus1KE via @YouTube. 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. They must have their civil rights restored by the governors office first. 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. 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. 10505 Judicial Dr, This is because they still have a right to protect themselves and their homes using certain weapons, which can vary by state law. Did Actual sentences for federal crimes are typically less than the maximum penalties. 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 provisions of subdivision (1) of subsection 1 of this section shall not apply to the possession of an antique firearm. However, this can be complicated if the gun itself is around, or if the person who owns the gun lives with the convicted felon. Burke, You may need to hire a criminal lawyer in your area for help with the specific felony firearm possession laws of your state. An example of this would be how many states terminate professional licenses such as law licenses, and permits such as firearms permits. 3. 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. Virginia Gun Charges. This means that he knew what the weapon was and its location. A copy of this press release is located on the website of the U.S. Attorneys Office for the Eastern District of Virginia. 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. 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 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. Commonplace in the United States is a distinction Virginia. 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. Phone: (703) 348-3116. Oakton, A. These include firearms, ammunition for a firearm, stun weapons, and explosive material, and concealed weapons. A felon is prohibited from possessing firearms, except where the sentence has been overturned, dismissed, vacated, or where he has been pardoned. 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. & 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. 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 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. The federal rule is found in 18 U.S.C. 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. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. An official website of the United States government. During the search, deputies discovered a 12-gauge semi-automatic shotgun and ammunition under a sofa in the den of the residence. Despite having lax gun laws, Virginia imposes stiff punishments on individuals who lose their right to possess, use, or handle firearms. This is Federal. Ajee Whitter faces up to 15 years in prison. 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. 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. An official website of the United States government. Matthews was sentenced to 81 months in prison with 3 years of supervised release. However, this can be difficult to do, as the person may need to wait for several years after the conviction and maintain a clean criminal record afterward. Episode 5: What's it like to be a special agent with HSI? Law Practice, Attorney Additionally, being found guilty of this crime would naturally harm the persons ability to ever own a firearm in the future. According to court documents, on February 19, 2021, T'Mar Green, 23, and another person were approached by law enforcement officers in Gilpin Court. 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. A lock ( The governor, however, lacks the authority to restore firearm rights. Library, Bankruptcy 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. 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. 2923.13. The Michigan Penal Code ( 750.224f) outlines the criminal punishment for a felon in possession of a firearm conviction. 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. 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. Assistant U.S. Attorney Stephen E. Anthony prosecuted the case. There may also be exceptions in terms of white collar felony crimes. Officers then detained Green and recovered the firearm. Possession of a firearm by a felon is considered to be a felony crime in itself. The person is required under DC law to . An officer running after him reportedly saw Torrence throw a black object from his hand. 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. ) or https:// means youve safely connected to the .gov website. All drug-related charges were dropped in Richmond City Circuit Court. 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. Eastern District of Virginia 46.04 discusses the unlawful possession of a firearm including restrictions on people with felony convictions. On February 1, 2010, defendant Hall pled guilty , and on June 25, 2010, Hall was sentenced by this Court to time served. Suite 12 According to court documents, Torrences counsel argued against the prosections motion to include the narcotics evidence for contextual purposes. According to the federal law of the United States, a felon is prohibited from owning a gun. Travis earned his J.D. Official websites use .gov Law enforcement also discovered two 9mm pistols, magazines, ammunition, and a bulletproof vest in a gun safe in Matthews bedroom. Following his arrest, officers returned to the tree area and found a Ruger 9mm semi-automatic pistol. Courthouse in Springfield. Crimes and Offenses Generally Chapter 7. According to court documents, in March and April last year, Brown and a co-conspirator sold counterfeit pressed pills containing fentanyl to one of the departments confidential informants and an undercover officer on multiple occasions. 999 counterfeit pressed pills containing fentanyl; Approximately 723 grams of methamphetamine; 665 grams of N,N-dimethylpentylone, a federally unscheduled substance similar to MDMA. Consequences of Violating Gun Laws After Felony Conviction. Present Virginia Code 18.2-308.2 sets out the laws regarding firearm possession, use, and handling for convicted felons in Virginia. Ghost guns are firearms bearing no serial number that are typically homemade or home assembled. Over two days of testimony in front of United States District Judge Sara Darrow, the government The tip line is manned 24 hours a day. ban on firearm possession.20 Taken together, the felon-in-possession ban 13 Omnibus Crime Control and Safe Streets Act of 1968, Pub. Additionally, there is an exception allowing felons to possess stun weapons in their homes or immediately outside of their homes. Submit your case to start resolving your legal issue. This is a serious offense. A copy of this press release is located on the website of the U.S. Attorneys Office for the Eastern District of Virginia. A locked padlock 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. 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.

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