Possession of a firearm by a felon is considered to be a felony crime in itself. Police also recovered 10 methamphetamine pills, 44 Clonazolam pills and $352 from Torrences person. Reston, 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. HSI is the principal investigative arm of the Department of Homeland Security (DHS), responsible for investigating transnational crime and threats, specifically those criminal organizations that exploit the global infrastructure through which international trade, travel, and finance move. Library, Bankruptcy Ajee Whitter faces up to 15 years in prison. Episode 5: What's it like to be a special agent with HSI? Did 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.) 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. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. 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. 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. Herndon, Assistant U.S. Attorney Stephen E. Anthony prosecuted the case. 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. 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. 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. PSN is an evidence-based program proven to be effective at reducing violent crime. There are some instances in which a convicted felon may be found guilty of constructive possession of a firearm. A federal district court judge will determine any sentence after taking into account the U.S. 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. 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 faces a maximum penalty of 10 years in prison when sentenced on June 27. ) or https:// means youve safely connected to the .gov website. This case is part of Project Safe Neighborhoods (PSN). That is not true in Virginia. 17, 2019) she wrote for a panel rejecting an "innocent possession" jury instruction as a defense to a charge of being a felon-in-possession of a firearm. The officers attempted to conduct a traffic stop of Torrence, and a brief vehicle pursuit ensued. 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. 3. Section 922 in Title 18 of the U.S. Code This section of the U.S. Code discusses various unlawful acts related to guns. 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. Virginia Code 18.2-308.2 sets out the laws regarding firearm possession, use, and handling for convicted felons in Virginia. This material may not be published, broadcast, rewritten, or redistributed. & A. Under that scenario, a convicted felon can possess a firearm but they must have gone through that process first. This can happen if the felony crime they were convicted of gets expunged or removed from their record. Click here. Secure .gov websites use HTTPS Eastern District of Virginia Va. Code Ann. Possession of a firearm by a felon Hood was given no bond and remains in custody in Guilford County. According to the Department of Justice,. 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. McLean, 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. The mandatory minimum terms of imprisonment prescribed for violations of this section shall be served consecutively with any other sentence. A copy of this press release is located on the website of the U.S. Attorneys Office for the Eastern District of Virginia. Inside the bag, investigators found a 9mm semiautomatic ghost gun loaded with a 50-round drum magazine, along with another loaded stick magazine. 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. 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. Legally speaking, someone can be in possession of a firearm, without ever touching it. During a December 2021 search of Matthews home, investigators discovered a 12-gauge semi-automatic shotgun and ammunition under a sofa. By calling a Virginia firearm lawyer, you can increase your chances of having the desired outcome that you are looking for. For a conviction with 10 years of any previous felony, there is a two year mandatory minimum sentence. Felony gun charges can have severe penalties, and can negatively . This class is prohibited constructive possession of firearms, ammunition, and various components. 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. 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. Actual sentences for federal crimes are typically less than the maximum penalties. #108 at 225. -------- Your A lock ( In Virginia, the maximum penalty for any misdemeanor is up to one year in jail and if one has a conviction for a misdemeanor in Virginia, they are allowed to possess a firearm. #315 No guns for felons. 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. Bureau of Alcohol, Tobacco, Firearms and Explosives. Fairfax, Torrence has a prior conviction for possessing a firearm as a convicted felon. 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. 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. 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. There are some instances in which a felons rights to own a gun can be restored. Copyright 1999-2023 LegalMatch. This can also happen in situations in which the firearm is in a truck or car. 61-7-8. Law Practice, Attorney Suite 2-500, South Lobby in which the government sought a sentence below the guideline Officers also recovered from Torrence 10 pills of methamphetamine and 44 pills of Clonazolam, a Schedule I controlled substance in 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. From jail, Matthews made phone calls instructing an accomplice to clean out his storage unit in Franklin. Virginia Gun Charges. Mar 1, 2023 Updated Mar 1, 2023. He was also ordered to forfeit 14 firearms and over 2,000 rounds of ammunition. An example of this would be if a defendant commits the felony of aggravated battery, and the victim suffers extensive injuries requiring medical treatment. 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. Cherry (Apr. After officers recovered the firearm, they were able to link it to a shooting which occurred on February 16, 2021, also in Gilpin Court. These include firearms, ammunition for a firearm, stun weapons, and explosive material, and concealed weapons. According to the United States Department of Justice, officers saw a truck speeding in a residential area of Richmonds Northside on Jan. 3, 2022. 10505 Judicial Dr, Class 5 felonies in Virginia are punishable by: Official websites use .gov Felon in possession of a firearm is a Class C felony, while felon in possession of a weapon is a Class A misdemeanor. The judge does not have the discretion to give a person less than the five years of prison time. In that case, police recovered a firearm on the ground several feet away from the defendant, who had a disqualifying prior conviction. 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). This statute also criminalizes possession ofammunition, stun weapons, explosives, or concealed weapons in Virginia by a convicted felon. . Individuals convicted of a Felony are prohibited from possessing a firearm in Virginia. In Virginia, it's illegal to carry concealed guns or certain other dangerous weapons (including switchblades and bowie knives) unless you have a valid concealed carry permit from the state, or you're in your own home, property, or business. It is generally punishable by a prison sentence ranging from one to three years; again, largely depending on state laws. Additionally, the above list can still allow felons the ability to go hunting. That is not true in Virginia. A weekly compilation of engaging digital content. 1. An official website of the United States government. Federal prosecutors figured Congress had people like Baldemar Gomez in mind when it created the law prohibiting felons from possessing firearms. The person is required under DC law to . 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; and Rick Edwards, Acting Chief of Richmond Police, made the announcement after U.S. District Judge David J. Novak accepted the verdict. 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.
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