Felon in Possession of a Firearm in Virginia

In Virginia, if a felon gets caught with a gun, they will face legal consequences under Virginia Code Section 18.2-308.2. That statute makes it illegal for any person who has been convicted of a felony to own, possess, or have in their custody any firearm or ammunition.

Violating that statute is considered a Class 6 felony, which can result in legal consequences, including imprisonment ranging from one to five years. Additionally, under federal law, a person’s criminal background can also make it illegal for them to possess a gun.

This applies to individuals who have been convicted of a federal crime that carries a potential sentence of over a year in jail, including felonies. The prohibition on firearm possession by felons is part of a larger effort to prevent individuals with serious criminal backgrounds from accessing weapons.

Due to the gravity of the offense of firearm possession, law enforcement officers typically arrest and detain the individual caught with a gun immediately, resulting in a felony charge. Following the arrest, the individual attends a court hearing where the charges are formally presented. During that hearing, the judge may set bail. The criminal process will then continue with an arraignment, pre-trial motions, plea deal negotiations, and trial.

What Is the Minimum Sentence for Felon in Possession of a Firearm?

In Virginia, if there is a felon in possession of a firearm, the minimum sentence is one year in prison due to the offense being classified as a Class 6 felony under Virginia Code Section 18.2-308.2.

However, the exact sentence can vary based on factors such as the individual’s criminal history and the specifics of the case. A plea deal may result in a reduced sentence, and charges might be dropped or dismissed in certain instances.

Several factors can lead to a longer sentence for a felon caught in possession of a firearm in Virginia, including:

• Prior Criminal Record: A history of previous convictions, especially for violent crimes or other firearms offenses, can lead to a longer sentence
• Circumstances of Possession: The context in which the firearm was found, such as during the commission of another crime or in a prohibited location, can increase the punishment
• Type of Firearm: Possession of certain types of firearms, such as assault weapons or those with illegal modifications, can lead to a longer sentence
• Number of Firearms: Possession of multiple firearms is seen as more serious and can result in a longer sentence
• Usage of the Firearm: If the felon used the firearm in a threatening manner or to commit another crime, the sentence can be significantly increased
• Public Safety Concerns: Situations where the felon’s possession of the firearm posed a significant risk to public safety, such as in a crowded public place, can result in a more severe sentence

Further, under federal law, the minimum sentence for a felon in possession of a firearm is 10 years in prison. However, if the felon has three or more prior convictions for violent felonies or serious drug offenses, the minimum sentence increases to 15 years under the Armed Career Criminal Act (18 U.S.C. § 924(e)).

Can a Felon Be Around a Person With a Gun?

In Virginia, while a felon can be around someone who has a gun, they need to be cautious. The concept of constructive possession is crucial here. Constructive possession means that even if the felon does not physically hold the firearm, they could still face charges if they are aware of the firearm’s presence and have the ability to control it.

For instance, if a felon is in a house where a gun is present and they know about it, they might be charged with constructive possession. This also applies to situations outside the home, such as in a vehicle.

It is important to note that it is the state’s responsibility to prove constructive possession beyond a reasonable doubt. However, in order to avoid any legal complications, it is always best for felons to steer clear of situations involving firearms.

What Weapons Can a Felon Own To Protect Themselves?

In Virginia, felons are generally prohibited from owning or possessing firearms under both federal and state law. However, there are exceptions for weapons intended for self-defense, including:

• Antique Firearms: Felons may possess antique firearms, defined as firearms manufactured before 1898 or replicas that do not use conventional ammunition
• Non-Lethal Weapons: Felons can own and use non-lethal self-defense weapons such as pepper spray, stun guns, and tasers
• Other Legal Weapons: Felons may possess other legal weapons not classified as firearms or weapons of mass destruction, including knives (within legal limits), batons, and other self-defense tools

It is important to be aware of and comply with any local laws and regulations regarding the possession of these weapons for self-defense. Further, local municipalities and businesses may also have rules regarding these weapons.

Can a Felon’s Gun Rights Be Restored?

Yes, in Virginia, a felon’s gun rights can be restored if certain criteria are met and procedures are followed. Under Virginia Code Section 18.2-308.2 and related statutes, felons convicted of a nonviolent felony can petition the court to have their firearm rights restored if they meet the following conditions:

• Nonviolent Felony: Their felony must have been nonviolent, meaning it cannot have involved any form of violence, assault, or the use of a firearm
• Time Period: The individual must have completed all aspects of their criminal sentence and waited for a specific period before petitioning for restoration
• Residency: The person must be a resident of the state of Virginia
• Single Felony: The petition is typically only available to individuals with a single nonviolent felony conviction
• Restoration of Civil Rights: The individual’s civil rights, including the right to possess a firearm, must have been restored

If all of the above criteria are met and the court grants the petition, the individual’s firearm rights will be restored. They will then be allowed to legally own and possess firearms in Virginia. It is important to note that this process is different from the Virginia expungement process. Restoring gun rights does not expunge the original felony conviction. Rather, it simply restores the person’s right to possess firearms.

Overall, Virginia law allows a felon to restore their gun possession rights as long as they are not deemed dangerous to public safety. Consulting with a local Virginia attorney can provide more specific guidance on restoring gun rights or possessing items for self-defense. LegalMatch can help you set up a consultation with an attorney near you.

Do I Need a Lawyer if I Am Charged With Felon in Possession of a Firearm?

If you have been previously convicted of a felony and are now facing charges for possession of a firearm in Virginia, it is crucial to consult with a Virginia criminal lawyer immediately.

A criminal attorney can help you understand Virginia’s specific laws on firearm possession as a felon and provide you with representation throughout the criminal process if you have been charged. They can also assist you in having your firearm rights restored if they were taken away from you.

Additionally, an attorney will also be able to ensure that your legal rights are protected and help you achieve the best possible outcome for your case. This may include having the charges dropped, negotiating a plea deal on your behalf, or representing you in any necessary in person court proceeding.