convicted felon violation (Virginia) · Go Syfert
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convicted felon violation in Virginia

6 Virginia opinions name it 1 courts 2010–2022 1 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Commonwealth v. Swann (ORDER)green
va · 2015 · cited in 1 Virginia opinions naming this issue, 2022–2022
1 sentence

2022See, e.g., Commonwealth v. Swann, 290 Va. 194, 196 (2015). -7- doubt, and we affirm the conviction for possession of a firearm by a convicted felon in violation of Code § 18.2-308.2.

11
Acey v. Commonwealthgreen
vactapp · 1999 · cited in 1 Virginia opinions naming this issue, 2019–2019
1 sentence

2019The language in Code § 18.2-308.1:4(A) is ambiguous on this point because it “can be understood in more than one way.” See id. (quoting Boynton v. Kilgore, 271 Va. 220 , 227 n.8 (2006)); see also Acey, 29 Va. App. at 250 (analyzing the gravamen of the offense of possession of a firearm by a convicted felon in violation of Code § 18.2-308.2).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Boynton v. Kilgore green
va · 2006
1 sentence

2019The language in Code § 18.2-308.1:4(A) is ambiguous on this point because it “can be understood in more than one way.” See id. (quoting Boynton v. Kilgore, 271 Va. 220 , 227 n.8 (2006)); see also Acey, 29 Va. App. at 250 (analyzing the gravamen of the offense of possession of a firearm by a convicted felon in violation of Code § 18.2-308.2).

12019–2019
Atkins v. Commonwealth green
vactapp · 2010
1 sentence

2014In Atkins , appellant was charged with possessing a firearm as a convicted felon in violation of Code § 18.2-308.2. 57 Va.App. at 7 , 698 S.E.2d at 252 .

12014–2014
Atkins v. Com. green
vactapp · 2010
1 sentence

2014In Atkins , appellant was charged with possessing a firearm as a convicted felon in violation of Code § 18.2-308.2. 57 Va.App. at 7 , 698 S.E.2d at 252 .

12014–2014
Parsons v. Commonwealth green
vactapp · 2000
2 sentences

2013In Parsons , this Court held that the evidence was sufficient to support a defendant’s conviction for attempting to “purchase” a firearm as a convicted felon in violation of Code § 18.2-308.2(A)(ii). 5 32 Va.App. at 583 , 529 S.E.2d at 814 . *269 The defendant in Parsons had “selected the weapon he wished to purchase and completed and signed the Virginia Criminal History Check Form’ ... required of prospective purchasers of firearms.” Id. at 579, 529 S.E.2d at 812 .

2013In Parsons , this Court held that the evidence was sufficient to support a defendant’s conviction for attempting to “purchase” a firearm as a convicted felon in violation of Code § 18.2-308.2(A)(ii). 5 32 Va.App. at 583 , 529 S.E.2d at 814 . *269 The defendant in Parsons had “selected the weapon he wished to purchase and completed and signed the Virginia Criminal History Check Form’ ... required of prospective purchasers of firearms.” Id. at 579, 529 S.E.2d at 812 .

12013–2013
Herring v. United States green
scotus · 2009
2 sentences

2012After a hearing on appellant’s suppression motion, the trial court denied the motion relying on Herring v. United States, 555 U.S. 135, 129 S.Ct. 695 , 172 L.Ed.2d 496 (2009): I think this is controlled by Herring .

2012After a hearing on appellant’s suppression motion, the trial court denied the motion relying on Herring v. United States, 555 U.S. 135, 129 S.Ct. 695 , 172 L.Ed.2d 496 (2009): I think this is controlled by Herring .

12012–2012
Armstrong v. Commonwealth green
vactapp · 2001
2 sentences

2010This Court, in a decision affirmed on appeal to the Supreme Court of Virginia, reiterated that the legislative intent behind Code § 18.2-53.1, unlike Code § 18.2-308.2, is to proscribe the use of any instrument that reasonably produces fear of physical harm to an individual. 2 Armstrong I, 36 Va.App. at 318 n. 4, 549 S.E.2d at 643 n. 4.

2010This Court, in a decision affirmed on appeal to the Supreme Court of Virginia, reiterated that the legislative intent behind Code § 18.2-53.1, unlike Code § 18.2-308.2, is to proscribe the use of any instrument that reasonably produces fear of physical harm to an individual. 2 Armstrong I, 36 Va.App. at 318 n. 4, 549 S.E.2d at 643 n. 4.

12010–2010

Statutes the citing opinions construe

VA § Va. Code Ann. § 18.2-308.2 (6)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

LA 10 (1980–2020) VA 6 (2010–2022) IL 4 (2001–2019) CA 4 (1970–1982) FL 4 (1998–2025) GA 2 (1989–2019) MD 2 (2003–2010)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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