Legal Question in Criminal Law in Virginia

Re: Bad timing

Yes, he should be worried. I don't say that to be unkind, but I mean he should be worried in terms of working very hard to defend against the charges. He should get an attorney. And make sure the attorney is going to actually defend you, not just plead you guilty for a fee or negotiate a plea deal (pleading you guilty).

If the judge / jury believes that the felon brandished the gun, and it would be easy for them to believe the retired copy, then he clearly had "possession" of the gun -- it was in his hand.

It is possible that you could defeat these charges especially because it was the girlfriend's car. If he convinces the judge / jury that he did NOT brandish the gun, and did not personally have it at all, then he might win on these charges.

Because the car was in his girlfriend's car, not his, and was her gun, then it might not be said to be in his possession, but in her possession.

It would be best if he could demonstrate that either he did not know the gun was there or that it was completely in her possession (in her purse, for example).

If they were both driving in the car, and either person could get to the gun, and he knew it was there, the judge could feel that he had constructive possession of the gun by having free access to it. But that is a questionable idea.

Re: Bad timing

"Can he receive time", you query, this felon now charged with possession of a firearm?

You betcha, a lot of time.