VIRGINIA CODE SECTION 18.2-308.4

Possession Of Firearm While In Possession of Certain Controlled Substances

If you have been charged with a violation of possession of firearm while in possession of certain controlled substances, (Virginia State Law Section 18.2-308.4), you should take this charge very seriously. The penalties for a violation of Virginia State Law Section 18.2-308.4 are very severe. A violation of Virginia State Law Section 18.2-308.4 (A) is a class 6 felony. A violation of Virginia State Law Section 18.2-308.4 (B) is a class 6 felony with a mandatory minimum term of imprisonment of two (2) years. A violation of Virginia State Law Section 18.2-308.4 (C) is a class 6 felony with a mandatory minimum term of imprisonment of five years.
It is vital that if you are charged with Virginia Code Section 18.2-308.4 that you contact a drug defense lawyer who is experienced at defending clients charged with drug offenses and firearms violations. The drug defense lawyers of SRIS, P.C. are highly experienced drug defense lawyers.

The SRIS, P.C. drug & firearms defense attorneys of SRIS, P.C. have offices in Northern Virginia, Central Virginia, Western Virginia & the Hampton Roads/Tidewater Area. You can reach us via phone at 888-437-7747 or on line.

Our offices in Northern Virginia are in Fairfax & Manassas.
Our office in Central Virginia is in Richmond.
Our office in Western Virginia is in Lynchburg.
Our office in the Hampton Roads/Tidewater Area is in Virginia Beach.

§ 18.2-308.4. Possession of firearms while in possession of certain controlled 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.