Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

What charge can be brought against someone found with heroin and a firearm?

1. Possession of a narcotic

2. Type II possession of firearms while in possession of certain controlled substances

3. Possession of drug paraphernalia

4. Illegal sale of narcotics

The correct answer is: Type II possession of firearms while in possession of certain controlled substances

The charge of Type II possession of firearms while in possession of certain controlled substances is applicable in this scenario because it specifically addresses the legality of firearm possession in conjunction with controlled substances. In many jurisdictions, laws have been established that restrict firearm ownership for individuals who are found illegally possessing drugs, particularly serious narcotics like heroin. The presence of both heroin and a firearm signifies a violation of these laws, which categorize the offense based on the combination of drugs and firearms. The other options, while related to drug offenses or firearm offenses, do not specifically cover the combination situation that exists when someone possesses both heroin and a firearm. For example, possession of a narcotic focuses solely on the drug aspect, while possession of drug paraphernalia pertains to items used for drug consumption or distribution, rather than the legal issues surrounding firearms. Lastly, the illegal sale of narcotics targets distribution rather than possession. Therefore, the charge of Type II possession effectively encapsulates the legal concerns that arise when these two elements are found together.