What Misdemeanors Prohibit Gun Ownership in Virginia?
In the state of Virginia, individuals who have been convicted of certain misdemeanors may be prohibited from owning or possessing firearms. The specific misdemeanors that prohibit gun ownership in Virginia are outlined in the state’s criminal code and the federal Gun Control Act.
Felony Prohibitions
Before diving into misdemeanors, it’s essential to understand that certain felony convictions can also prohibit gun ownership in Virginia. According to Virginia Code § 18.2-308.2, individuals who have been convicted of a felony, including but not limited to:
• Felony crimes of violence (e.g., murder, voluntary manslaughter, rape, robbery, aggravated sexual battery)
• Felony drug trafficking (e.g., selling, distributing, or manufacturing illegal drugs)
• Felony firearm offenses (e.g., possession, sale, or distribution of firearms by a convicted felon)
are prohibited from owning or possessing firearms.
Misdemeanor Prohibitions
Now, let’s focus on misdemeanors that prohibit gun ownership in Virginia. According to Virginia Code § 18.2-308.1, individuals who have been convicted of a misdemeanor crime of violence or a felony-misdemeanor offense may be prohibited from owning or possessing firearms. The specific misdemeanors that prohibit gun ownership in Virginia are:
• Assault and battery (Virginia Code § 18.2-57.2)
• Strangulation (Virginia Code § 18.2-60.3)
• Maiming (Virginia Code § 18.2-51)
• Felony-misdemeanor offenses (e.g., DUI with injury or death, eluding police, etc.)
Significant Provisions
Here are some significant provisions to note:
• Enhanced penalties: Certain misdemeanors, such as assault and battery, may be punishable by enhanced penalties, including a maximum fine of $2,500 and/or imprisonment for up to 12 months.
• Mandatory minimum sentences: Some misdemeanors, such as strangulation, may carry a mandatory minimum sentence of at least 30 days.
• Criminal history: The court may consider an individual’s criminal history when determining whether to prohibit gun ownership.
Exceptions and Waivers
There are certain exceptions and waivers that may apply:
• Misdemeanor expungement: If a misdemeanor conviction is expunged, the individual may be eligible to own or possess firearms again.
• Pardons: A pardon from the Governor or a presidential pardon may also restore an individual’s right to own or possess firearms.
• Waivers: In certain cases, the court may grant a waiver, allowing an individual to own or possess firearms despite a misdemeanor conviction.
Table: Misdemeanors that Prohibit Gun Ownership in Virginia
| Misdemeanor | Code Section | Penalty |
|---|---|---|
| Assault and battery | § 18.2-57.2 | Up to 12 months, $2,500 fine |
| Strangulation | § 18.2-60.3 | Up to 12 months, $2,500 fine, mandatory minimum sentence of 30 days |
| Maiming | § 18.2-51 | Up to 12 months, $2,500 fine |
| DUI with injury or death | § 18.2-51.4 | Up to 12 months, $2,500 fine, mandatory minimum sentence of 10 days |
| Eluding police | § 46.2-817 | Up to 12 months, $2,500 fine, mandatory minimum sentence of 10 days |
Conclusion
In Virginia, certain misdemeanors can prohibit gun ownership. It’s essential to understand the specific laws and penalties associated with these misdemeanors. Individuals who have been convicted of a misdemeanor that prohibits gun ownership may be eligible for exceptions or waivers, such as misdemeanor expungement or a pardon. It’s crucial to consult with a legal professional to determine the specific circumstances and requirements for restoring the right to own or possess firearms in Virginia.
