The .gov means its official. Official websites use .gov Most of us are familiar with the rule that a convicted felon cannot possess a gun. Within Above Gov't Spons. Felon in possession of a restricted weapon is a Class A misdemeanor. While people who are convicted of a felony generally cannot own a firearm, they may sometimes be able to own other types of weapons. 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. 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 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. RICHMOND, Va. A Richmond man was sentenced today to 78 months in prison for being a convicted felon in possession of a firearm. Travis earned his J.D. 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. 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. The officers also recovered an additional 122 Clonazolam pills from a bottle near to where Torrence was arrested. However, this can be complicated if the gun itself is around, or if the person who owns the gun lives with the convicted felon. Who else does the law ban from firearm ownership? Burke, 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. 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. Felony gun charges can have severe penalties, and can negatively . Estate Fairfax, VA 22030 -------- Roseburg Police jailed a man for unlawful possession of a firearm and other charges following a traffic stop Monday night. Any person who violates this section shall be guilty of a Class 6 felony. PSN is an evidence-based program proven to be effective at reducing violent crime. Under specific circumstances, state laws associated with felon gun ownership rights may be different from federal laws. An experienced and local criminal attorney can advise you of your legal rights and options, and will also be able to represent you in court as needed throughout the process. Manassas, VA 20110 For a conviction with 10 years of any previous felony, there is a two year mandatory minimum sentence. 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. This can happen if the felony crime they were convicted of gets expunged or removed from their record. Generally speaking, felons are still allowed to associate with or be around someone who owns a gun. This class is prohibited constructive possession of firearms, ammunition, and various components. Bailey's Crossroads, The tip line is manned 24 hours a day. 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; PSN is an evidence-based program proven to be effective at reducing violent crime. When investigators executed a search warrant at Browns home, police say that officers seized: Officials said that during an interview, Brown readily admitted that he and his cohort had been distributing fentanyl pills, methamphetamine, MDMA, and crack cocaine since January 2021. 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. These include firearms, ammunition for a firearm, stun weapons, and explosive material, and concealed weapons. 2923.13. On February 1, 2010, defendant Hall pled guilty , and on June 25, 2010, Hall was sentenced by this Court to time served. Joseph C. Murphy Jr., United States Attorney, announced the guilty plea on Tuesday. Significant assistance was provided by the Isle of Wight Sherriffs Office. Additionally, there may be different definitions in terms of what a firearm is, such as a handgun vs. a flare gun. , 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. 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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. HSIs international presence represents DHSs largest investigative law enforcement presence abroad and one of the largest international footprints in U.S. law enforcement. 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. 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. 61-7-15a. Episode 5: What's it like to be a special agent with HSI? A copy of this press release is located on the website of the U.S. Attorneys Office for the Eastern District of Virginia. For example: a felon lives with a person who is not a felon and is not prohibited from possessing a firearm. Felony murder, which is murder that takes place when defendant is committing an inherently dangerous felony. Officers then detained Green and recovered the firearm. Local Business Spotlight: Stafford County Theatre Group Fundraising Event https://youtu.be/bkM-8kus1KE via @YouTube. 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. 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. Torrence has a prior conviction for possessing a firearm as a convicted felon. Individuals convicted of a Felony are prohibited from possessing a firearm in Virginia. Official websites use .gov Phone: (703) 680-6969, Steve Duckett, Attorney at Law Shooting at a vehicle, possession of a sawed-off shotgun, and forgery of public documents are all Class 4 felonies in Virginia. 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. Homeland Security Investigations (HSI) Washington, D.C., made the announcement after sentencing by U.S. District Judge Arenda Wright Allen. United States v. During the search, deputies discovered a 12-gauge semi-automatic shotgun and ammunition under a sofa in the den of the residence. 1. Copyright Virginia Criminal Lawyer 2023. 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 of a firearm by a felon Hood was given no bond and remains in custody in Guilford County. The law also applies to people convicted of felonies as youthful offenders. There are some instances in which a convicted felon may be found guilty of constructive possession of a firearm. Attorneys Jessica Wright and Stephen Miller are prosecuting the case. Penalties for felons ' illegal gun possession are generally higher than penalties for illegal possession in other contexts (such as possession without a required permit). LegalMatch, Market 3:22-cr-113. at 225. 922(g)(1). 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. R.C. Chantilly, Hood has been arrested and charged more than 14 times since 2017 and has an extensive criminal . Sentencing Guidelines and other statutory factors. All rights reserved. The ATF Firearms Technology Branch determined that wo of the firearms were affixed with devices known as silencers or mufflers, which are illegal. The firearm restriction continues for life - even after supervision, probation, and community custody. at 230-31. Answer (1 of 4): Hum, lets look. 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. 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. 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. This is because they still have a right to protect themselves and their homes using certain weapons, which can vary by state law. (Mentioned above: Restrictions to the Right to Bear Arms). 2:22-cr-110. 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. 2100 Jamieson Ave Va. Code Ann. Class 5 Felonies Class 5 felonies are "wobblers"crimes that can be either a felony or a misdemeanor, depending on how the judge or jury decides to treat a conviction. Possession of a firearm by a felon is considered to be a felony crime in itself. After officers recovered the firearm, they were able to link it to a shooting which occurred on February 16, 2021, also in Gilpin Court. 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. Updated: Feb 27, 2023 / 06:04 PM EST. However, such person may possess in his residence or the curtilage thereof a stun weapon as defined by 18.2-308.1. Reston, Ghost guns are firearms bearing no serial number that are typically homemade or home assembled. The driver later identified as Torrence was reportedly wearing a black ski mask. Suite 12 A locked padlock An official website of the United States government. Share sensitive information only on official, secure websites. All drug-related charges were dropped in Richmond City Circuit Court. Police also recovered 10 methamphetamine pills, 44 Clonazolam pills and $352 from Torrences person. 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. 26, 2021 REMOVE ADS When the officers asked if they could speak with them, both individuals began to run from the officers. There are some circumstances in which a convicted felon can be guilty of constructive possession without ever handling the gun. 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 field is for validation purposes and should be left unchanged. Fairfax, KNIGHTSTOWN - Monday morning troopers from the Indiana State Police Pendleton District made an arrest of a felon in unlawful possession of a firearm on Interstate 70 in Henry County.. At .