Brandishing a Firearm

Brandishing a firearm in Virginia (Va. Code §18.2-282) is pointing or holding a firearm in a way that reasonably induces fear in another person. The offense can also be committed by holding a firearm in a public place in a way that reasonably induces fear in another person of being injured or shot. The necessary fear for conviction under Va. Code §18.2-282 means that the victim is apprehensive of bodily harm.

What Is A Firearm?

For purposes of a brandishing a firearm charge in Virginia under Va. Code §18.2-282, 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 even loaded 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 cause the necessary fear for a conviction of brandishing a firearm in Virginia. A Brandishing charge in Virginia is also known as an Assault by Firearm charge.

For more information on firearms in Virginia, click here.

For more information on firearm charges in Virginia, click here.

Proof of Brandishing a Firearm in Virginia

To convict an offender of brandishing a firearm in Virginia under Va. Code §18.2-282, the Commonwealth must prove that the offender:

  • brandishing a firearm in Virginiapointed, held, or brandished
  • any firearm or any air or gas operated weapon or any object similar in appearance
  • in such a manner as to reasonably induce fear in the mind of another

or

  • held
  • a firearm or other air or gas operated weapon
  • in a public place
  • in such manner as to reasonably induce fear in the mind of another of being injured or shot.

One act of brandishing a firearm can result in multiple charges of brandishing a firearm in Virginia under Va. Code §18.2-282 if the act induced fear in several people.

There is an exception to this crime for anyone found to be engaged in excusable or justifiable self-defense.

Penalty for Brandishing a Firearm in Virginia

Brandishing a firearm in Virginia is a Class 1 misdemeanor.  It is punished with up to 12 months in jail and a fine up to $2,500. Brandishing a firearm at an elementary, middle or high school (including buildings or grounds) or on public property within 1,000 feet of an elementary, middle or 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.

For more information on Brandishing a Firearm on or near School Grounds in Virginia, click here.