Q: I'm a convicted felon can I ride in a car with someone transporting a unloaded firearm?
A:
As a felon you are not legally allowed to possess a firearm under Virginia law.
The issue of riding in a car is complicated because if the firearm is in the passenger compartment with you then you run the risk of being charged based on constructive possession. A basic example of this would be if the firearm is in the center console between you and the other person, because the firearm is in an area subject to your "dominion and control" then you could be charged. Even if the evidence is not sufficient to convict you, is it worth the risk of being arrested and charged and having to go through a trial?
If you are riding in the car and the person has securely locked the firearm in the trunk and outside of the passenger compartment, then you shouldn't be charged because under that scenario there is no constructive possession. Likewise, if the person in the car has the firearm on there person, then you are unlikely to face any charges.
As a matter of law, you aren't guilty of possessing a firearm merely because you are in the presence of someone else possessing a firearm. However, as a practical matter I would recommend minimizing the chance of an arrest by avoiding being in a car with someone else carrying a firearm. Even if you are able to beat the charge, you still run a risk of being charged and arrested by law enforcement.
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