Possession or Transportation of Firearm by Convicted Felon – Va. Code 18.2-308.2 – Prohibits possession of firearms by any person who has been convicted of a felony is guilty of a Class 6 Felony (up to 5 years in prison and up to $2,500 fine);
- If the person was convicted of a violent felony, then they must serve a mandatory minimum sentence of 5 years;
- If the person was convicted of a non-violent felony within the past 10 years, then they must serve a mandatory minimum sentence of 2 years.
- This statute also provides that a person who has been convicted of a felony can petition the Circuit Court to have his privilege to possess or transport a firearm restored.
Using Firearm during Felony in Virginia
- Shooting in Commission of a Felony – Va. Code 18.2-53 – makes it unlawful and a separate charge for shooting a person during the commission of another felony. This charge is punishable as a Class 6 Felony (up to 5 years in prison, up to $2,500 fine).
- Use or display firearm during a felony – Va. Code 18.2-53.1 Makes a separate offense if a person uses, attempts to use, or displays a firearm in a threatening manner during the commission of one of the felonies that are listed in the statute. These felonies include, but are not limited to, murder, rape, robbery, carjacking, burglary, malicious wounding and abduction.
- Violation of this statute results in a mandatory prison sentence of three years for a first conviction, and five years for a second or subsequent conviction. This mandatory time is required to run consecutively to any other sentence;
- The Commonwealth does not have to give notice in advance that they seek enhanced punishment under this code section;
- The first and second convictions that would trigger the increased punishment can occur with multiple convictions in the same trial.
Illegal Possession of Firearm in Virginia
- Possession of Firearm or Weapon on School Property – Va. Code 18.2-308.1 – Weapons other than firearms that are possessed on school grounds is punishable as a Class 1 Misdemeanor (Up to 12 months in jail and up to $2,500 fine);
- Possessing a firearm on school grounds in VIrginia is punishable as a Class 6 Felony (up to 5 years in jail and up to $2,500 fine).
- If a person uses, or displays a firearm in a threatening manner on school grounds, a five year mandatory sentence is required, to be served consecutively with any other sentence. Purchase or transportation of firearm by persons under protective order – Va. Code 18.2-308.1:4 – A person who transports or purchases a firearm while they are subject to a protective order is guilty of a Class 1 Misdemeanor (up to 12 months in jail and up to $2,500 fine).
- Possession of firearms with drugs – Va. Code 18.2-308.4 – A person who possesses any Schedule I or Schedule II controlled substance while possessing a firearm is guilty of a Class 6 Felony( up to 5 years in prison and up to $2,500 fine);
- If the firearm is possessed on the person, there is a 2 year mandatory minimum sentence;
- If the weapon is displayed in a threatening manner or used while the person is also distributing, manufacturing or possession with intent to distribute, of any Schedule I or Schedule II controlled substance, then a mandatory minimum sentence of five years is imposed.