In a recent case coming out of a Virginia court, the defendant failed to successfully appeal his conviction of firearm possession. Originally, a trial court found that the defendant knowingly possessed a 9-mm handgun in his bedroom; on appeal, the defendant argued that he had no idea the handgun was actually on his bedroom floor. Given the facts of the case, the court disagreed with the defendant and affirmed his guilty conviction.
Facts of the Case
According to the opinion, the defendant in this case had been previously convicted of statutory burglary, a crime that made it illegal for him to knowingly possess any firearm or ammunition for a firearm. One day, in late 2020, three police officers came to the defendant’s home when they received reports regarding a potential assault by the defendant on his girlfriend. The defendant’s girlfriend, who lived with him in the apartment, consented to the police searching the residence when they arrived.
Upon searching the defendant’s room, one of the officers found a box of 9-mm ammunition on top of the dresser, in plain view from the doorway. The officer also found competitive-fighting paraphernalia, men’s clothing that led her to believe the defendant was actively living in the room, and a 9-mm pistol sitting on the floor.