Jones v. Commonwealth

Opinion

COLEMAN, J.

Lonnie Jones was convicted in a bench trial of possessing a firearm after having been convicted of a felony in violation of Code § 18.2-308.2. Jones contends that the evidence does not support his conviction because a BB handgun is not a ‘ ‘firearm’ ’ within the meaning of Code § 18.2-308.2. We hold that Code § 18.2-308.2 does not prohibit a convicted felon from possessing or transporting a BB gun. Therefore, we reverse the conviction and dismiss the charge.

On March 21, 1991, Jones and another man entered an Arby’s restaurant in Lynchburg. Jones approached an employee…