Elias P. Doulgerakis v. Commonwealth of Virginia

FRANK, Judge.

Elias P. Doulgerakis, appellant, was convicted, in a bench trial, of misdemeanor possession of a concealed weapon in violation of Code § 18.2-308. On appeal, he argues that because the handgun was being possessed within the meaning of Code § 18.2-308(B)(10), his possession of the gun was legal. For the reasons that follow, we reverse his conviction.

BACKGROUND

The facts are not in dispute. On October 28, 2011, Officer L.C. Jones of the Henrico County Police Department stopped appellant for a traffic violation. Officer Jones asked appellant if he had anything in his glove box to…