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. If a person was previously deemed or held in a mental health facility, if they were committed for that then they would be ineligible. Also, certain federal laws, for example, domestic violence where a person was not allowed to possess firearms, those are the big ones. Also, if the judge has suspended the person’s right to possess a firearm then they would be barred from possessing a firearm. It is not something that occurs often, especially now. In some older cases, judges had banned people from owning firearms. These days, it generally does not happen. I

Virginia Beach criminal lawyers are highly knowledgeable and experienced in dealing with all firearm cases. If you are facing penalties for possessing a firearm as a felon, consult a skilled gun possession lawyer as soon as possible.

Penalty Enhancements For Possessing a Firearm

If a person has a firearm on them, that is a separate crime. If the person commits robbery and then they use a firearm, in addition to that robbery factoring into using a gun, they can be charged with use of a firearm in the commission of a robbery, and they can then be charged with possession of a firearm by a convicted felon which is a Class 6 felony punishable by up to five years in jail.

If a person has a previous felony that was violent, it is a mandatory minimum of five years, not three years. If the person had a past robbery conviction and then they are caught with a firearm again, that is five years that the court has to give them if they are found guilty and also that is the maximum they can give them for a Class 6 felony.

Felon Possession Charges

A previous felon can potentially possess a firearm if they get their rights restored. The person has to complete their term of probation for their felony so they have to serve their jail sentence and serve with good behavior. The person has to pay off their court fines and costs and any other financial obligations; if there is restitution, they have to pay it off. Once that is done, the person has to petition the governor to have their voting rights and other civil rights restored, the rights to serve on a jury and things like that. Once everything else is restored, the person can then petition the court either where they live or at the court where they are found guilty to restore their firearm rights.

Minimum Penalty for Illegal Possession

If a person has a felony conviction was a non-violent felony or it was more than 10 years ago, there is no mandatory jail time. If it was within 10 years, there are a mandatory two years in prison. If it was a violent felony, it does not matter how long ago it was; there is a mandatory minimum of five years in prison.

Contact an Attorney

A Virginia Beach gun lawyer can assist you every step of the way in approaching your gun crimes charges in a strategic manner, so you should consider calling one as soon as possible after your arrest.