                                 CODE OF VIRGINIA

POSSESSION OF FIREARMS WHILE IN POSSESSION OF CERTAIN SUBSTANCES (§ 18.2-308.4)

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 (&#xA7;
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 (&#xA7;
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 (&#xA7; 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.

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.