A Rockmart man was jailed and later released on a firearm charge after a handgun was discovered in his vehicle during a traffic stop, and he wasn’t allowed to have it by law.

Per the report, Darreion Terrell Kennedy, 48, of a Rockmart address, was stopped by Polk County Police in a traffic stop on Tuesday afternoon, November 19, after an officer noticed he was swerving and failing to maintain his lane.

When officers had him stopped, one believed they smelled the odor of marijuana coming from the car but Kennedy “lit a cigarette and covered up the original smell.” A K-9 officer was called out to investigate, and though it seemed to alert on drugs, they didn’t find any in the vehicle.

Instead, an officer found a Taurus 9mm handgun in the center console. Kennedy was surprised the gun was still in the car, and said someone else had left it inside.

Police took Kennedy into custody because he had a prior conviction on drug charges, and wasn’t allowed to own or be around firearms.

He was taken into custody without incident and faces a felony charge for possession of a firearm by a convicted felon or first offender.

Kennedy was later released on a $5,000 bond.