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Brandishing a Firearm

What is brandishing a firearm?

To be convicted of Brandishing a firearm, the prosecution must prove that you

  1. Pointed, held, or brandished
  2. a firearm, gas operated weapon, or something that looks like a firearm
  3. in a public place
  4. in such a manner so as to reasonably induce fear in the mind of another of being shot.

You can fine the actual words of the statute here Va. Code 18.2-282.

If the prosecution can convince a judge that you did all of the things list above, you ca be found guilty of a class 1 misdemeanor. There are more serious consequences for brandishing a firearm near a school.

What is a public place?

Va. Code 4.1-100 denies public place,

"Public place" means any place, building, or conveyance to which the publichas, or is permitted to have, access, including restaurants, soda fountains,hotel dining areas, lobbies, and corridors of hotels, and any highway,street, lane, park, or place of public resort or amusement."

What does it mean to reasonably induce fear in the mind of another?

To reasonably induce fear in another means that an average person would find your conduct scary. So if a person is extra sensitive to firearms, that would not be enough to be found guilty. The judge will have to determine whether a reasonable person would have been in fear.

Service Areas

Albemarle, Charlottesville, Greene, Madison, Orange, Louisa, Fluvanna, Nelson, Augusta, Staunton, Waynesboro

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