HB2526: Firearms; crime to knowingly possess while in unlawful possession of controlled substance, etc.

HB2526

HOUSE BILL NO. 2526 Offered January 10, 2007 Prefiled January 9, 2007 A BILL to amend and reenact § 18.2-308.4 of the Code of Virginia, relating to possession of firearms while in the possession of certain controlled substances. ---------- Patron-- Iaquinto ---------- Committee Referral Pending ----------

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-308.4 of the Code of Virginia is amended and reenacted as follows:

§ 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.

D. It shall be unlawful for any person unlawfully in possession of a controlled substance classified in Schedule III, IV, V, or VI of the Drug Control Act (§ 54.1-3400 et seq.) of Title 54.1 or marijuana to simultaneously with knowledge and intent possess any firearm. A violation of this subsection is a Class 1 misdemeanor and constitutes a separate and distinct offense.

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Explanation

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Words that are highlighted in yellow are proposed additions, and words that are ~~crossed out in red~~ are proposed removals.

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