{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-308.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-308.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-308.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-308.4.html"}],"law_id":80658,"edition_id":1,"section_id":80658,"structure_id":13912,"section_number":"18.2-308.4","catch_line":"Possession of firearms while in possession of certain substances","history":"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.","full_text":"A\n\nIt 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\n\nIt 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\n\nIt 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.","order_by":null,"text":{"0":{"id":289071,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":289072,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":289073,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13912,"edition_id":1,"name":"Other Illegal Weapons","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":12973,"metadata":{},"date_created":"2026-06-26 03:46:16","date_modified":"2026-06-26 03:46:16","permalink":{"id":167193,"object_type":"structure","relational_id":13912,"identifier":"7","token":"18.2\/7\/7","url":"\/18.2\/7\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12973,"edition_id":1,"name":"Crimes Involving Health and Safety","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":166501,"object_type":"structure","relational_id":12973,"identifier":"7","token":"18.2\/7","url":"\/18.2\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58832,"structure_id":13912,"section_number":"18.2-308.1","catch_line":"Possession of firearm, stun weapon, or other weapon on school property prohibited; penalty","url":"\/18.2-308.1\/","token":"18.2\/7\/7\/18.2-308.1","metadata":false},{"id":81568,"structure_id":13912,"section_number":"18.2-308.1:1","catch_line":"Purchase, possession, or transportation of firearms by persons acquitted by reason of insanity; penalty","url":"\/18.2-308.1_1\/","token":"18.2\/7\/7\/18.2-308.1_1","metadata":false},{"id":86450,"structure_id":13912,"section_number":"18.2-308.1:2","catch_line":"Purchase, possession, or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated; penalty","url":"\/18.2-308.1_2\/","token":"18.2\/7\/7\/18.2-308.1_2","metadata":false},{"id":81410,"structure_id":13912,"section_number":"18.2-308.1:3","catch_line":"Purchase, possession, or transportation of firearm by persons involuntarily admitted or ordered to outpatient treatment; penalty","url":"\/18.2-308.1_3\/","token":"18.2\/7\/7\/18.2-308.1_3","metadata":false},{"id":72509,"structure_id":13912,"section_number":"18.2-308.1:4","catch_line":"Purchase or transportation of firearm by persons subject to protective orders; penalties","url":"\/18.2-308.1_4\/","token":"18.2\/7\/7\/18.2-308.1_4","metadata":false},{"id":66125,"structure_id":13912,"section_number":"18.2-308.1:5","catch_line":"Purchase or transportation of firearm by persons convicted of certain drug offenses prohibited","url":"\/18.2-308.1_5\/","token":"18.2\/7\/7\/18.2-308.1_5","metadata":false},{"id":73257,"structure_id":13912,"section_number":"18.2-308.1:6","catch_line":"Purchase, possession, or transportation of firearms by persons subject to substantial risk orders; penalty","url":"\/18.2-308.1_6\/","token":"18.2\/7\/7\/18.2-308.1_6","metadata":false},{"id":81270,"structure_id":13912,"section_number":"18.2-308.1:7","catch_line":"Purchase, possession, or transportation of firearm by persons enrolled into the Voluntary Do Not Sell Firearms List; penalty","url":"\/18.2-308.1_7\/","token":"18.2\/7\/7\/18.2-308.1_7","metadata":false},{"id":81427,"structure_id":13912,"section_number":"18.2-308.1:8","catch_line":"Purchase, possession, or transportation of firearm following an assault and battery of a family or household member; 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selling, giving, etc., or possessing firearm without serial number; penalties","url":"\/18.2-311.1\/","token":"18.2\/7\/7\/18.2-311.1","metadata":false},{"id":70367,"structure_id":13912,"section_number":"18.2-311.2","catch_line":"Third conviction of firearm offenses; penalty","url":"\/18.2-311.2\/","token":"18.2\/7\/7\/18.2-311.2","metadata":false}],"previous_section":{"id":83619,"structure_id":13912,"section_number":"18.2-308.3","catch_line":"Use or attempted use of restricted ammunition in commission or attempted commission of crimes prohibited; penalty","url":"\/18.2-308.3\/","token":"18.2\/7\/7\/18.2-308.3","metadata":false},"next_section":{"id":59300,"structure_id":13912,"section_number":"18.2-308.5","catch_line":"Manufacture, import, sale, transfer or possession of plastic firearm prohibited","url":"\/18.2-308.5\/","token":"18.2\/7\/7\/18.2-308.5","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-308.4\/","history_text":"

This law was first created in 1987. The record of its establishment is cataloged in chapter 285 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1987 \u201cActs\u201d aren\u2019t available online. It has been modified 8 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1990, chapter 625; in 1992, chapter 707; in 1993, chapter 831; in 1999, chapters 829<\/a> and 846<\/a>; in 2003, chapter 949<\/a>; in 2004, chapters 461<\/a> and 995<\/a>; in 2011, chapters 384<\/a> and 410<\/a>; in 2014, chapters 674<\/a> and 719<\/a>.<\/p>","references":[{"id":86583,"section_number":"18.2-46.1","catch_line":"Definitions","order_by":null,"url":"\/18.2-46.1\/"},{"id":75668,"section_number":"19.2-386.28","catch_line":"Forfeiture of weapons, etc., that are concealed, possessed, transported, or carried in violation of law","order_by":null,"url":"\/19.2-386.28\/"},{"id":61280,"section_number":"19.2-392.02","catch_line":"National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled","order_by":null,"url":"\/19.2-392.02\/"}],"refers_to":[{"id":77846,"section_number":"54.1-3400","catch_line":"Citation","order_by":null,"url":"\/54.1-3400\/"}],"permalink":{"id":167263,"object_type":"law","relational_id":80658,"identifier":"18.2-308.4","token":"18.2\/7\/7\/18.2-308.4","url":"\/18.2-308.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-308.4\/","token":"18.2\/7\/7\/18.2-308.4","dublin_core":{"Title":"Possession of firearms while in possession of certain substances","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-308.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It shall be unlawful for any person unlawfully in possession<\/span> of a controlled substance classified in Schedule I or II of the Drug Control Act (§ 54.1-3400<\/a> et seq.) of Title 54.1 to simultaneously with knowledge and intent<\/span> possess any firearm. A violation of this subsection is a Class 6 felony<\/span> and constitutes a separate and distinct felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> It shall be unlawful for any person unlawfully in possession<\/span> of a controlled substance classified in Schedule I or II of the Drug Control Act (§ 54.1-3400<\/a> et seq.) to simultaneously with knowledge and intent<\/span> possess any firearm on or about his person. A violation of this subsection is a Class 6 felony<\/span> and constitutes a separate and distinct felony<\/span> 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<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 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<\/span> with the intent<\/span> to manufacture, sell, or distribute a controlled substance classified in Schedule I or Schedule II of the Drug Control Act (§ 54.1-3400<\/a> et seq.) or more than one pound of marijuana. A violation of this subsection is a Class 6 felony<\/span>, and constitutes a separate and distinct felony<\/span> 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<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOSSESSION OF FIREARMS WHILE IN POSSESSION OF CERTAIN SUBSTANCES (\u00a7 18.2-308.4)\n\nA. It shall be unlawful for any person unlawfully in possession of a controlled\nsubstance classified in Schedule I or II of the Drug Control Act (§\n54.1-3400 et seq.) of Title 54.1 to simultaneously with knowledge and intent\npossess any firearm. A violation of this subsection is a Class 6 felony and\nconstitutes a separate and distinct felony.\n\nB. It shall be unlawful for any person unlawfully in possession of a controlled\nsubstance classified in Schedule I or II of the Drug Control Act (§\n54.1-3400 et seq.) to simultaneously with knowledge and intent possess any\nfirearm on or about his person. A violation of this subsection is a Class 6\nfelony and constitutes a separate and distinct felony and any person convicted\nhereunder shall be sentenced to a mandatory minimum term of imprisonment of two\nyears. Such punishment shall be separate and apart from, and shall be made to\nrun consecutively with, any punishment received for the commission of the\nprimary felony.\n\nC. It shall be unlawful for any person to possess, use, or attempt to use any\npistol, shotgun, rifle, or other firearm or display such weapon in a threatening\nmanner while committing or attempting to commit the illegal manufacture, sale,\ndistribution, or the possession with the intent to manufacture, sell, or\ndistribute a controlled substance classified in Schedule I or Schedule II of the\nDrug Control Act (§ 54.1-3400 et seq.) or more than one pound of marijuana.\nA violation of this subsection is a Class 6 felony, and constitutes a separate\nand distinct felony and any person convicted hereunder shall be sentenced to a\nmandatory minimum term of imprisonment of five years. Such punishment shall be\nseparate and apart from, and shall be made to run consecutively with, any\npunishment received for the commission of the primary felony.\n\nHISTORY: 1987, c. 285; 1990, c. 625; 1992, c. 707; 1993, c. 831; 1999, cc. 829,\n846; 2003, c. 949; 2004, cc. 461, 995; 2011, cc. 384, 410; 2014, cc. 674, 719.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}