| § 18.2-308.4 |
NARCOTIC NEWS
Drug Law in Virginia 18.2-308.4
Drug Law in Virginia 18.2-308.4
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Possession of firearms while in possession of certain controlled
substances.
substances.
A. It shall be unlawful for any person unlawfully in possession of a controlled
substance classified in Schedule I or II of the Drug Control Act (§ 54.1-3400 et
seq.) of Title 54.1 to simultaneously with knowledge and intent possess any
firearm. A violation of this subsection is a Class 6 felony and constitutes a
separate and distinct felony.
B. It shall be unlawful for any person unlawfully in possession of a controlled
substance classified in Schedule I or II of the Drug Control Act (§ 54.1-3400 et
seq.) to simultaneously with knowledge and intent possess any firearm on or
about his person. A violation of this subsection is a Class 6 felony and
constitutes a separate and distinct felony and any person convicted hereunder
shall be sentenced to a mandatory minimum term of imprisonment of two
years. Such punishment shall be separate and apart from, and shall be made
to run consecutively with, any punishment received for the commission of the
primary felony.
C. It shall be unlawful for any person to possess, use, or attempt to use any
pistol, shotgun, rifle, or other firearm or display such weapon in a threatening
manner while committing or attempting to commit the illegal manufacture, sale,
distribution, or the possession with the intent to manufacture, sell, or distribute
a controlled substance classified in Schedule I or Schedule II of the Drug
Control Act (§ 54.1-3400 et seq.) of Title 54.1 or more than one pound of
marijuana. A violation of this subsection is a Class 6 felony, and constitutes a
separate and distinct felony and any person convicted hereunder shall be
sentenced to a mandatory minimum term of imprisonment of five years. Such
punishment shall be separate and apart from, and shall be made to run
consecutively with, any punishment received for the commission of the primary
felony.
(1987, c. 285; 1990, c. 625; 1992, c. 707; 1993, c. 831; 1999, cc. 829, 846;
2003, c. 949; 2004, cc. 461, 995.)
substance classified in Schedule I or II of the Drug Control Act (§ 54.1-3400 et
seq.) of Title 54.1 to simultaneously with knowledge and intent possess any
firearm. A violation of this subsection is a Class 6 felony and constitutes a
separate and distinct felony.
B. It shall be unlawful for any person unlawfully in possession of a controlled
substance classified in Schedule I or II of the Drug Control Act (§ 54.1-3400 et
seq.) to simultaneously with knowledge and intent possess any firearm on or
about his person. A violation of this subsection is a Class 6 felony and
constitutes a separate and distinct felony and any person convicted hereunder
shall be sentenced to a mandatory minimum term of imprisonment of two
years. Such punishment shall be separate and apart from, and shall be made
to run consecutively with, any punishment received for the commission of the
primary felony.
C. It shall be unlawful for any person to possess, use, or attempt to use any
pistol, shotgun, rifle, or other firearm or display such weapon in a threatening
manner while committing or attempting to commit the illegal manufacture, sale,
distribution, or the possession with the intent to manufacture, sell, or distribute
a controlled substance classified in Schedule I or Schedule II of the Drug
Control Act (§ 54.1-3400 et seq.) of Title 54.1 or more than one pound of
marijuana. A violation of this subsection is a Class 6 felony, and constitutes a
separate and distinct felony and any person convicted hereunder shall be
sentenced to a mandatory minimum term of imprisonment of five years. Such
punishment shall be separate and apart from, and shall be made to run
consecutively with, any punishment received for the commission of the primary
felony.
(1987, c. 285; 1990, c. 625; 1992, c. 707; 1993, c. 831; 1999, cc. 829, 846;
2003, c. 949; 2004, cc. 461, 995.)