Mecklenburg Possession of a Firearm by a Felon Lawyer
In Virginia, it is automatically impossible for a felon to possess a firearm. There are certain limited circumstances for Mecklenburg possession of a firearm by a felon. A person can get their gun rights back. The person has to petition the governor and first of, give the person’s civil rights back to them and then the person has to go in front of the circuit court judge and request the person’s gun right to be restored.
In Mecklenburg, the circuit court will only restore firearms rights as to the long guns, essentially for hunting purposes only and that comes with the understanding that only covers the person in the state and does not cover the person for any federal firearms violations that came along with their felony conviction. If you are facing charges for such a crime, a Mecklenburg possession of a firearm by a felon lawyer can help you create an appropriate defense for your future. An experienced gun attorney can help you prepare your case for trial based on your desired outcome.
Impact of Criminal History
Any type of felony conviction, violent or non-violent, in the United States or any of its territories, including but not limited to, Puerto Rico which some clients learn the hard way. This is not just felonies but also, protective orders and domestic violence charges do have some firearms requirements that can range from the surrender of a firearm and just prohibit possession during the period of protective orders et cetera. An individual should contact a Mecklenburg possession of a firearm by a felon lawyer to better assess what impact their record may have on any current gun charges.
Penalties for Unlawful Transportation
There can be penalty enhancements, depending on when the felony conviction was obtained and what type it was, the worst potential penalty is the mandatory minimum associated with violent felonies. The penalties are the same as possession because, to pick up and move or transport a firearm by that behavior, the person possessing it. The person would be charged with possession of a firearm.
Mandatory Minimum for individuals with Felony Status
There is no mandatory minimum automatically associated with a non-violent felony. Particularly, if it is outside of a certain range if the person gets a non-violent felony and the person is found to be in possession of a firearm over a decade later, there is no mandatory minimum. If the person commits a violent felony and the person later is found to be in possession of a firearm, there is a five-year mandatory minimum. If a person has committed a non-violent felony but the person is found to possess a firearm within 10 years of that conviction, there is a mandatory term of imprisonment of two years.
Penalties for Commission of the Crime of Violence
The person has to both possess a weapon and usually use it to face possession charges for the commission of the crime of violence. There is a range of punishments and they will relate to enhanced penalties on the sentencing guidelines. If the person wounded someone, if the person commits a felony wounding unlawful or malicious wounding, and the person does that with their fist, feet, body, that is one thing, but if the person commits that same crime and uses a weapon of some type – knife, gun, bat, crowbar – that is going to lead to an enhanced sentencing penalty.
Three years for the first conviction and five years for a second or subsequence conviction is the mandatory minimum. That minimum is for the use or display of a firearm in committing certain types of felonies. To learn more about what penalties one can face, contact a Mecklenburg possession of a firearm by a felon lawyer as soon as possible.