Soliciting a gun purchase if you are an ineligible convicted felony invites hot water, says Fairfax criminal lawyer

Soliciting a firearm purchase is the last thing you wish to do if you are an ineligible convicted felony. As a Fairfax criminal lawyer, I know that the Virginia Code provides that: “Any person who is ineligible to purchase or otherwise receive or possess a firearm in the Commonwealth who solicits, employs, or assists any person in violating subsection M shall be guilty of a Class 4 felony and shall be sentenced to a mandatory minimum term of imprisonment of five years.” Virginia Code § 18.2-308.2:2 . Subsection M, referenced in my last sentence, provides in pertinent part for this article: “Any person who purchases a firearm with the intent to (i) resell or otherwise provide such firearm to any person who he knows or has reason to believe is ineligible to purchase or otherwise receive from a dealer a firearm for whatever reason… shall be guilty of a Class 4 felony and sentenced to a mandatory minimum term of imprisonment of one year… Id. Trier Ladante Smith got convicted under the foregoing statute for arranging for his friend to purchase two firearms for him at a pawnshop. Smith v. Virginia, ___ Va. App. ___ (2027). 

Fairfax criminal lawyer says the Virginia Court of Appeals is strict about ineligible convicted felons soliciting a firearm purchase

The Virginia Court of Appeals appellate panel in Smith unanimously affirms his conviction under the foregoing firearm purchase soliciting statute, where instead of him offering his friend anything of value (nor providing his friend any purchase money) or benefit to make the purchase, had several conversations with his friend, showed pictures of guns he liked, and was in the car by the pawnshop near where the friend made the purchases. Smith. Smith did admit to his friend to possessing at least one of those firearms, saying he threw it into the water because he could not drive with it. Possession of both the purchased firearms by Smith was also supported by his friend’s testimony that he looked at the purchased firearms and that they were in the car on the day of purchase right next to Smith, where the Virginia definition of contraband is knowledge, dominion and control over the contraband.

Can I lawfully possess handguns and other firearms in Virginia — and arrange their purchase — when I have a felony conviction?

Smith makes clear how risky it is to cut corners in making efforts for soliciting the purchase of firearms in Virginia. If you have a felony conviction, you are cruising for a bruising if you do not get your firearm rights restored before arranging a firearm purchase. You need to carefully and meticulously dot the i’s and cross the t’s in completing and signing your handgun purchase application, as well. Merely reciting a Second Amendment mantra by itself will not save you.

What should I do if prosecuted for a weapons offense?

If you are charged with a weapons offense for soliciting or otherwise, it is time to obtain the best possible lawyer for your defense. Fairfax criminal lawyer Jonathan Katz has successfully defended scores of people charged with weapons offenses. Jon Katz believes in a robustly protected Second Amendment, while also understanding the exceptions that the appellate courts have placed on your Constitutional rights to bear arms and weapons. For your free in-person confidential consultation with Jon Katz about your court-pending prosecution, call 703-383-1100, Info@KatzJustice.com and (text) 571-406-7268.