Firearms & Weapons Case Study
Whether the defendant's prior felony conviction disqualified him from possessing a firearm under § 18.2-308.2.
The court affirmed the conviction, finding that the defendant's prior felony conviction was properly established and that the defendant knowingly possessed the firearm. The court held that the prosecution need not prove the defendant knew his prior conviction disqualified him from possessing firearms.
Felon in possession cases turn on two issues: (1) whether the prior conviction qualifies as a disqualifying felony, and (2) whether the defendant actually possessed the firearm. D.J. Rivera challenges both elements — scrutinizing the prior conviction record and challenging the evidence of possession, particularly in constructive possession cases.
This case involves § 18.2-308.2 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.
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