Virginia Criminal Defense Attorney
The possession of firearms is already heavily regulated. The penalties for violating those regulations are stringent enough but can be much worse if you are found in possession of a firearm, and you are a convicted felon. The regulations and potential penalties surrounding possession of a firearm by a felon in Fairfax are nuanced and can vary depending on certain factors. If you are a convicted felon found possessing a firearm, seek the advice of an experienced gun lawyer who can discuss next steps with you.
If an individual is a convicted felon, for the purposes of firearms, they would have to have their right to a firearm restored. This is a lengthy process. An individual would have to have their civil rights restored by the governor through a petition from the governor. Then the individual would have to apply to have their specific firearms right restored.
This is something that an individual will need a lawyer to help with. Often it is something that the judge will presumptively decide that the individual cannot have a firearm because of their past convictions and how serious those are. It is one of those things that is not impossible, but the individual is going to need to go through certain steps to get there.
Possession of a firearm by a felon in Fairfax is illegal unless all of their civil rights have been restored and unless a judge from the court of their conviction in Fairfax, or district court in which they live, has restored their ability to possess a firearm through the restoration process.
If an individual is a convicted felon and illegally possessing or transporting some type of a firearm, the penalty would depend on the felony. It is charged under the same statute as possession if the individual is a felon. If an individual is possessing or transporting it, at a minimum, it is going to be a Class 6 felony, which is going to carry with it jail time. There is going to be jail time; it is going to be either suspended or active. The individual is at least going to get a year, but could potentially have that time reduced by a judge or a jury.
Penalty enhancements depend on the charge. Usually, an enhancement will take the form of a mandatory minimum added to the sentence, resulting in years in prison. It depends on what an individual’s prior felony was and when it was.
For example, if a person was convicted of a felony that is considered a violent felony and they are charged with possession of a firearm by a convicted felon, the person will mostly get five years in prison. However, it will depend on what the person is charged with, when they were charged with it, when their last offense was, what weapon they are considered to have had, and whether or not that that weapon qualifies as a firearm.
It is going to depend on how recent the person’s last felony was, what the offense was, and what it involved to determine the person’s mandatory minimum. For example, if an individual is a convicted violent felon and they had a felony within the past few years, they are probably looking at five years in prison. If the violent felony conviction was within the last 10 years, there is a mandatory two-year prison sentence.
The possession of a firearm by a felon in Fairfax can add to already existing penalties, and amplify the stress of an initial felony charge. The counsel of an attorney can be especially helpful if you have been found in illegal possession of a firearm. A skilled defense lawyer can potentially work to mitigate the penalty enhancements you may face.