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.) 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; 2011, cc. 384, 410; 2014, cc. 674, 719.
Notes of Decisions
Cited in
231
cases (
54 in the last 5 years), 1989–2026 · leading case:
Moore v. Commonwealth, 497 S.E.2d 908 (Va. Ct. App. 1998).
Moore v. Commonwealth, 497 S.E.2d 908 (Va. Ct. App. 1998).
· cites it 75× “The trial court’s order regarding the conviction of the firearm charge stated that appellant was found guilty of “unlawfully and feloniously [possessing] a certain drug, to-wit: Cocaine, a Schedule II controlled substance, and simultaneously with knowledge and intent did possess…”
Wright v. Commonwealth, 670 S.E.2d 772 (Va. Ct. App. 2009).
· cites it 30× “On appeal, he contends the trial court erred in concluding that evidence of constructive possession of either the drugs or the firearm or both was sufficient to support his conviction; he avers that, under Code § 18.2-308.4(0, proof of actual possession was required.”
Taylor v. Commonwealth, 604 S.E.2d 103 (Va. Ct. App. 2004).
· cites it 39× “, to five years in prison for violating Code § 18.2-308.4, which prohibits the possession of certain controlled substances while simultaneously possessing a firearm.”
Atkins v. Commonwealth, 698 S.E.2d 249 (Va. Ct. App. 2010).
· cites it 20× “Code § 18.2-308.4 provides in relevant part the following: A.”
Wright v. Com., 685 S.E.2d 655 (Va. 2009).
· cites it 20× “Code § 18.2-308.4 provides in relevant part: A.”
Hunter v. Commonwealth, 690 S.E.2d 792 (Va. Ct. App. 2010).
· cites it 32× “Hunter argues that the phrase “on or about his person” requires the Commonwealth to prove actual possession of the firearm.”
Askew v. Commonwealth, 568 S.E.2d 403 (Va. Ct. App. 2002).
· cites it 18× “Askew also contends that the mandatory minimum punishment provided for a violation of Code § 18.2-308.4, which is contained in the third, unlettered paragraph of the code section, applies only to violations of subsection (B) and not to violations of subsection (A).”
Haskins v. Commonwealth, 602 S.E.2d 402 (Va. Ct. App. 2004).
· cites it 4× “2-250(A) and for possession of a firearm while possessing cocaine in violation of Code § 18.2-308.4(B). Finding the evidence sufficient to support these convictions, we affirm.”
Armstrong v. Commonwealth, 549 S.E.2d 641 (Va. Ct. App. 2001).
· cites it 8× “2d 894 (1992), we held that the absence of the gun's ammunition clip did not deprive the firearm of its status as operable and, thus, we sustained the defendant's conviction under Code § 18.2-308.4 (possession of a firearm while in possession of cocaine).”
Timmons v. Commonwealth, 421 S.E.2d 894 (Va. Ct. App. 1992).
· cites it 16× “Henry Lee Timmons, appellant, appeals from his jury conviction for possession of a firearm while in possession of cocaine, in violation of Code § 18.2-308.4. 1 Timmons contends that his conviction should be reversed because the pistol he is charged with possessing lacked a clip…”
Wilson v. Commonwealth, 617 S.E.2d 431 (Va. Ct. App. 2005).
· cites it 12× “Wilson was arrested and charged with two counts of possession of a firearm while in possession of cocaine, in violation of Code § 18.2-308.4, possession of cocaine with intent to distribute, in violation of Code § 18.”
Shackleford v. Commonwealth, 547 S.E.2d 899 (Va. 2001).
· cites it 4× “2-248, transporting one ounce or more of cocaine into the Commonwealth with the intent to sell or distribute in violation of Code § 18.”
— Va. Code Ann. § 18.2-308.4(0) — 1 case
Wright v. Commonwealth, 670 S.E.2d 772 (Va. Ct. App. 2009).
“On appeal, he contends the trial court erred in concluding that evidence of constructive possession of either the drugs or the firearm or both was sufficient to support his conviction; he avers that, under Code § 18.2-308.4(0, proof of actual possession was required.”
— Va. Code Ann. § 18.2-308.4(4) — 1 case
— Va. Code Ann. § 18.2-308.4(5) — 1 case
Moore v. Commonwealth, 497 S.E.2d 908 (Va. Ct. App. 1998).
“The trial court’s order regarding the conviction of the firearm charge stated that appellant was found guilty of “unlawfully and feloniously [possessing] a certain drug, to-wit: Cocaine, a Schedule II controlled substance, and simultaneously with knowledge and intent did possess…”
— Va. Code Ann. § 18.2-308.4(6) — 1 case
— Va. Code Ann. § 18.2-308.4(A) — 37 cases
Moore v. Commonwealth, 497 S.E.2d 908 (Va. Ct. App. 1998).
“The trial court’s order regarding the conviction of the firearm charge stated that appellant was found guilty of “unlawfully and feloniously [possessing] a certain drug, to-wit: Cocaine, a Schedule II controlled substance, and simultaneously with knowledge and intent did possess…”
Askew v. Commonwealth, 568 S.E.2d 403 (Va. Ct. App. 2002).
“Askew also contends that the mandatory minimum punishment provided for a violation of Code § 18.2-308.4, which is contained in the third, unlettered paragraph of the code section, applies only to violations of subsection (B) and not to violations of subsection (A).”
Hunter v. Commonwealth, 690 S.E.2d 792 (Va. Ct. App. 2010).
“Hunter argues that the phrase “on or about his person” requires the Commonwealth to prove actual possession of the firearm.”
— Va. Code Ann. § 18.2-308.4(B) — 36 cases
Atkins v. Commonwealth, 698 S.E.2d 249 (Va. Ct. App. 2010).
“Code § 18.2-308.4 provides in relevant part the following: A.”
Hunter v. Commonwealth, 690 S.E.2d 792 (Va. Ct. App. 2010).
“Hunter argues that the phrase “on or about his person” requires the Commonwealth to prove actual possession of the firearm.”
Moore v. Commonwealth, 497 S.E.2d 908 (Va. Ct. App. 1998).
“The trial court’s order regarding the conviction of the firearm charge stated that appellant was found guilty of “unlawfully and feloniously [possessing] a certain drug, to-wit: Cocaine, a Schedule II controlled substance, and simultaneously with knowledge and intent did possess…”
Haskins v. Commonwealth, 602 S.E.2d 402 (Va. Ct. App. 2004).
“2-250(A) and for possession of a firearm while possessing cocaine in violation of Code § 18.2-308.4(B). Finding the evidence sufficient to support these convictions, we affirm.”
Shackleford v. Commonwealth, 547 S.E.2d 899 (Va. 2001).
“2-248, transporting one ounce or more of cocaine into the Commonwealth with the intent to sell or distribute in violation of Code § 18.”
— Va. Code Ann. § 18.2-308.4(C) — 37 cases
Wright v. Com., 685 S.E.2d 655 (Va. 2009).
“Code § 18.2-308.4 provides in relevant part: A.”
Wright v. Commonwealth, 670 S.E.2d 772 (Va. Ct. App. 2009).
“On appeal, he contends the trial court erred in concluding that evidence of constructive possession of either the drugs or the firearm or both was sufficient to support his conviction; he avers that, under Code § 18.2-308.4(0, proof of actual possession was required.”
— Va. Code Ann. § 18.2-308.4(b) — 1 case
— Va. Code Ann. § 18.2-308.4(c) — 2 cases
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