Brandishing a Firearm within 1,000 Feet of a High School in Virginia

Brandishing a firearm in Virginia (Va. Code §18.2-282) is holding or pointing a firearm in a way that induces fear in another person of being shot or injured. Fear means that the other person is apprehensive of bodily harm. The offense is normally a misdemeanor, but Brandishing a Firearm within 1,000 Feet of a High School in Virginia (Va. Code §18.2-282) is a felony.

What Is A Firearm?

For purposes of Brandishing a Firearm charge within 1,000 Feet of a High School in Virginia, a firearm is “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 for an offender to be convicted of brandishing a firearm in Virginia under Va. Code §18.2-282. Additionally, an object similar in appearance to a firearm can cause the necessary fear for a Virginia brandishing charge.

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.

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 Brandishing a Firearm at a high school in Virginia 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 within 1,000 Feet of a High School in Virginia

To convict an offender of a Brandishing a Firearm charge within 1,000 Feet of 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 gas operated weapon or any object similar in appearance
• in a manner as to reasonably induce fear in the mind of another
• within 1,000 feet of a public, private, or religious high school in Virginia or on public property within 1,000 feet of a high school property

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
• within 1,000 feet of a public, private, or religious high school in Virginia or on public property within 1,000 feet of a high school property

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 within 1,000 Feet of a High School in Virginia

Brandishing a Firearm within 1,000 Feet of a High School in Virginia or on public property within 1,000 feet of high school property is a Class 6 felony and is punished with up to 5 years in prison and a fine up to $2,500.

 

 

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