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Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
LD4780168Patrons--Councill, Barlow, Nelms and Reynolds; Senators: Holland, R.J. and Lucas
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 weapons while in possession of certain drugs.
A. 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 who simultaneously with knowledge and intent possesses any
firearm, shall be guilty of a Class 6 felony. Any person who (i)
unlawfully manufactures, sells, transports, distributes or possesses with
intent to manufacture, sell, or distribute a Schedule I or II controlled
substance or marijuana and (II) carries on or about his person or has on or
in any vehicle which he may be using to aid in such purpose or has in his
possession, actual or constructive, at or within 100 yards of any place where
such controlled substance or marijuana is being unlawfully manufactured,
sold, transported, distributed or possessed, any dangerous weapon
as described in § 18.2-308 shall be guilty of a Class 6 felony.
B. 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.
Violation of this subsection shall constitute a separate and distinct felony
and any person convicted thereof shall be sentenced to a term of imprisonment
of three years for a first conviction and for a term of five years for a
second or subsequent conviction under this subsection. Notwithstanding any
other provision of law, the sentence prescribed for a violation of this
subsection shall not be suspended in whole or in part, nor shall anyone
convicted hereunder be placed on probation or parole for this offense. 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. Any firearm or other weapon possessed or used in violation of this section shall be forfeited to the Commonwealth pursuant to the provisions of § 18.2-310.
2. That the provisions of this act may result in a net increase in periods of imprisonment in state correctional facilities. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $ 250,000.