Brandishing a Firearm at a High School in Virginia
October 19, 2021 by Jean Humbrecht
Brandishing a firearm in Virginia (Va. Code §18.2-282) is pointing or holding a firearm in a way that induces fear in another person of being shot or injured. Fear means that the victim is apprehensive of bodily harm. The offense is normally charged as a misdemeanor, but Brandishing a Firearm at a High School in Virginia (Va. Code §18.2-282) is a felony.
What Is A Firearm?
Brandishing a Firearm at a High School in Virginia is a Felony
For purposes of Brandishing a Firearm at a High School in Virginia, a firearm is defined as “any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material.” The firearm does not need to be operable or loaded for an offender to be convicted of brandishing a firearm in Virginia under Va. Code §18.2-282. Even an object similar in appearance to a firearm can induce the necessary fear for a Virginia brandishing charge.
Click here for more information on Brandishing a Firearm in Virginia.
Click here for more information on Brandishing a Firearm on or Near School Grounds in Virginia.
Click here for more information on firearms in Virginia.
Click here or more information on firearm charges in Virginia.
Proof of Brandishing a Firearm at a High School in Virginia
To convict an offender of Brandishing a Firearm at a High School in Virginia under Va. Code §18.2-282, the Commonwealth must prove that the offender:
- pointed, held, or brandished
- a firearm or an air or gas operated weapon or any object similar in appearance
- in a manner as to reasonably induce fear in the mind of another
- on the grounds of a public, private, or religious high school
or
- held
- a firearm or other air or gas operated weapon
- in a public place
- in a manner as to reasonably induce fear in the mind of another of being injured or shot
- on the grounds of a public, private, or religious high school
Brandishing a firearm one time can result in multiple charges under Va. Code §18.2-282 if the act induced fear in multiple people.
There is an exception to this crime for a person engaged in excusable or justifiable self-defense.
For more information on self-defense in Virginia, click here.
For more information on excusable self-defense in Virginia, click here.
For more information on justifiable self-defense in Virginia, click here.
Penalty for Brandishing a Firearm at a High School in Virginia
Brandishing a firearm at a high school (including buildings or grounds) or on public property within 1,000 feet of high school property is a Class 6 felony. It is punished with up to 5 years in prison and a fine up to $2,500.
***DISCLAIMER: THE MATERIAL AND INFORMATION CONTAINED IN THIS POST, ON ANY PAGES ON THIS WEBSITE, AND ON ANY PAGES LINKED FROM THESE PAGES, ARE FOR GENERAL INFORMATION ONLY AND NOT LEGAL ADVICE. YOU SHOULD CONSULT A LICENSED ATTORNEY IN YOUR JURISDICTION BEFORE RELYING ON ANY OF THE INFORMATION CONTAINED ON THESE PAGES. SENDING EMAIL TO OR VIEWING INFORMATION FROM THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP***