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It is generally punishable by a prison sentence ranging from one to three years; again, largely depending on state laws. 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. Home Criminal Defense Felon in Possession of a Firearm: Va. Code 18.2-302. 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; Herndon, 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. From jail, Matthews made phone calls instructing an accomplice to clean out his storage unit in Franklin. Manassas, VA 20110 Lock Updated: Feb 27, 2023 / 06:04 PM EST. We are prepared to work diligently to make the Commonwealth prove their case, or get you the best offer available. Crimes against the person involve bodily harm or injury to a person. 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. Submit your case to start resolving your legal issue. Contact Us to learn more about how we can help you. (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; Keep in mind that some laws make distinctions between a felon possessing a gun, and a felon owning a gun. No guns for felons. However, such person may possess in his residence or the curtilage thereof a stun weapon as defined by 18.2-308.1. A lock ( 2923.13. Any person who violates this section shall be guilty of a Class 6 felony. Official websites use .gov The investigation further revealed that while incarcerated, Matthews made phone calls instructing an accomplice to clean out his storage unit. 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. This statute also criminalizes possession of ammunition, stun weapons, explosives, or concealed weapons in Virginia by a convicted felon. The judge does not have the discretion to give a person less than the five years of prison time. 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. It could serve as a deterrent for people who commit felony crimes. This field is for validation purposes and should be left unchanged. Sec. 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. They must have their civil rights restored by the governors office first. The provisions of subdivision (1) of subsection 1 of this section shall not apply to the possession of an antique firearm. 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. It is generally punishable by a prison sentence ranging from one to three years; again, largely depending on state laws. Virginia Gun Charges. The FOX6 Investigators pored over five years worth of. Click here to stay informed and subscribe to. Possession of a firearm by a felon is considered to be a felony crime in itself. ICE identifies and apprehends removable noncitizens, detains these individuals and removes illegal noncitizens from the United States. 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. 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. 90-351, 82 Stat. PSN is an evidence-based program proven to be effective at reducing violent crime. Property Law, Personal Injury Assistant U.S. Attorney Stephen E. Anthony prosecuted the case. . 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. 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. In terms of crimes against the person, the more serious the harm the more likely the crime is considered to be a felony. Va. Code Ann. 197. Second or third offenses may result in considerably more severe criminal punishments, such as longer prison sentences and higher fines. Official websites use .gov The firearm restriction continues for life - even after supervision, probation, and community custody. [13A-1-2(13)] The career criminal could spend the rest of his life in prison. PSN is an evidence-based program proven to be effective at reducing violent crime. Ajee Whitter faces up to 15 years in prison. 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? The first step is they must have the governors office in Virginia restore their civil liberties. 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 . A person who has been convicted of an offense under Section 22.01 (Assault), punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of: 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. 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. 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. Courthouse in Springfield. Through PSN, various stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. Steve Duckett, Attorney at Law This is because they still have a right to protect themselves and their homes using certain weapons, which can vary by state law. We will work with you to ensure that you know what the status of your case is at all times. For a conviction with 10 years of any previous felony, there is a two year mandatory minimum sentence. For a conviction with 10 years of any previous felony, there is a two year mandatory minimum sentence. Torrence then stopped the truck and ran, with an officer in pursuit. This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justices violent crime reduction efforts. Tysons & 10505 Judicial Dr, 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. Cherry (Apr. 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. Class 1 misdemeanor, punishable by up to 12 months in jail, a fine of up to $2,500, or both. Copyright 1999-2023 LegalMatch. The court convicted Matthews, a previously convicted felon, of possessing multiple firearms and ammunition; he was sentenced on Feb. 24. Additionally, there are crimes against property, and crimes against a person. 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. It may also be accompanied by criminal fines and other punishments. A federal district court judge will determine any sentence after taking into account the U.S. 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. When he is sentenced in June, Brown will face a minimum penalty of 15 years in prison and a maximum of life behind bars. 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. The two magazines were found to contain a total of 56 rounds of ammunition. That is not true in Virginia. Within Above Gov't Spons. Phone: (703) 680-6969, Steve Duckett, Attorney at Law 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. 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. While people who are convicted of a felony generally cannot own a firearm, they may sometimes be able to own other types of weapons. Over two days of testimony in front of United States District Judge Sara Darrow, the government 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. 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. Phone: (703) 940-1570, Steve Duckett, Attorney at Law For example: a felon lives with a person who is not a felon and is not prohibited from possessing a firearm. Green was previously prosecuted in State Court for the shooting. There are some circumstances in which a convicted felon can be guilty of constructive possession without ever handling the gun. Right of certain persons to limit possession of firearms on premises. 924(e), the Armed Felon in possession of a firearm is a Class C felony, while felon in possession of a weapon is a Class A misdemeanor. Citizens convicted of a felony are among those officially classified prohibited persons. Ashland felon sentenced to five years for possession of a firearm The Herald-Dispatch Feb 3, 2023 The Tri-State's TRUSTED news source. This material may not be published, broadcast, rewritten, or redistributed. Library, Bankruptcy Legally speaking, someone can be in possession of a firearm, without ever touching it. 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. ) or https:// means youve safely connected to the .gov website. Click here to follow Daily Voice Fairfax and receive free news updates. -------- 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. FY 2008 FY 2009 FY 2010 FY 2011 FY 2012. 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. Section 922 in Title 18 of the U.S. Code This section of the U.S. Code discusses various unlawful acts related to guns. Law, Government 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. 18. 15.2% of felon in possession of a firearm offenders were convicted of one or more statutes with a mandatory minimum penalty: 3.8% were sentenced under 18 U.S.C. Significant assistance was provided by the Isle of Wight Sherriffs Office. That must be done by a court of law. 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. It is punished with up to 5 years in prison, a fine up to $2500, and forfeiture of the firearm. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. By calling a Virginia firearm lawyer, you can increase your chances of having the desired outcome that you are looking for. A copy of this press release is located on the website of the U.S. Attorneys Office for the Eastern District of Virginia. This can considerably change the outcome of their criminal liability in such situations. Call 479-222-6773 to schedule a free consultation. 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. 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. All rights reserved.Reproduced. Additionally, there may be different definitions in terms of what a firearm is, such as a handgun vs. a flare gun. The states that currently allow non-violent felons to possess firearms include: Alaska (if 10 years have passed since your felony conviction) Indiana. 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. The site is secure. L. No. A locked padlock 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. Oregon (if it's been more than 15 years since your non-violent conviction, gun rights are automatically restored) Rhode Island. 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. 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. An official website of the United States government. 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. The Michigan Penal Code ( 750.224f) outlines the criminal punishment for a felon in possession of a firearm conviction. 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. 1. Shreveport, LA - Shreveport Police have arrested a felon in possession of a firearm. Assistant U.S. Attorney Darryl J. Mitchell prosecuted the case. 105 Oronoco St According to court documents, on February 19, 2021, T'Mar Green, 23, and another person were approached by law enforcement officers in Gilpin Court. 3:22-cr-15. Despite having lax gun laws, Virginia imposes stiff punishments on individuals who lose their right to possess, use, or handle firearms. To posses a firearm as a convicted felon is a Class 6 Felony. 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.