Legal Question in Criminal Law in Virginia

Do fingerprints on a firearm qualify as possession?

My brother is a convicted felon. From a Class 1 Misdemeanor charge of assault and battery of a family member, there were 2 firearms seized from my mother's house (this is not his legal residence, the officers were granted permission to search wherever they wanted and the firearms were in plain view). The firearms that were seized belong to our deceased father and a friend of my brother's. However, my brother has touched both guns (one was left on the propery by his friend and was moved into our mother's household so that it wasn't in his possession and my father's firearm was cleaned by my brother). The arresting office stated that if my brother's fingerprints were found on either weapon then he would be charged with possession and as going back to jail for 15 years. Basically, we would like to know if having his fingerprints on the weapons is the same as physically having the firearm in your possession and/or transporting it. Thank you.


Asked on 7/20/06, 1:35 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Do fingerprints on a firearm qualify as possession?

Yes, I would think that having his fingerprints on the weapons could at least arguably support a charge of possession. Proving the charge, however, will be a different matter and will require the careful consideration of many more facts and contextual information.

Your brother, hopefully, will have a comeptent attorney to represent him.

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Answered on 7/20/06, 10:12 am


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