Use of Firearm in Commission of Felony

The charge of Use of Firearm in Commission of Felony in Virginia (Va. Code §18.2-53.1) is a separate crime and is punished with mandatory minimum jail time.  An offender commits this crime if he uses the firearm for the purpose of committing the object felony.

Proof of Use of Firearm in Commission of Felony in Virginia

To convict an offender of use of firearm in commission of felony in Virginia (Va. Code §18.2-53.1), the Commonwealth must prove that the offender used, attempted to, or displayed in a threatening manner a firearm while committing or attempting to commit a violent felony.

Use, Attempt to Use, Display in Threatening Manner: The Commonwealth must prove that the offender used, attempted to use, or displayed a firearm in a threatening manner.  This requires proof that the offender possessed a firearm.  Possession can be proven with direct or circumstantial evidence, including statements or threats that the offender made.

Firearm: The Commonwealth must prove the offender possessed a pistol, shotgun, rifle or other firearm to convict an offender of use of firearm in commission of felony in Virginia under Va. Code §18.2-53.1.   A firearm is an object that is designed or intended to expel a projectile by means of an explosion.  However, for purposes of Va. Code §18.2-53.1, an instrument is a firearm if it has the appearance of a firearm.  The instrument need not be capable of firing projectiles, but must appear to have the ability to do so.  This means that the offender can be convicted of this separate felony if the firearm is inoperable.

Commission or Attempt to Commit Violent Felony: The violent felonies include murder, rape, forcible sodomy, inanimate or animate object sexual penetration, robbery, carjacking, burglary, malicious wounding or bodily injury to a law enforcement officer, aggravated malicious wounding, malicious wounding by mob, and abduction.

For more information on robbery in Virginia (Va. Code §18.2-58), click here.  For more information on carjacking in Virginia (Va. Code §18.2-58.1), click here.  Click here for more information on burglary in Virginia (Va. Code §18.2-89).  For more information on aggravated malicious wounding in Virginia (Va. Code §18.2-51.2), click here.  For more information on abduction in Virginia (Va. Code §18.2-47), click here.

Penalty for Use of Firearm in Commission of Felony in Virginia

Using, attempting to use, or displaying a firearm in a threatening manner while committing or attempting to commit a violent felony (Va. Code §18.2-53.1) is punished with a mandatory minimum of 3 years in prison.  A second of subsequent offense is punished with a mandatory minimum, consecutive sentence of 5 years in prison.

Use of Firearm in Commission of Felony in Virginia: Statute

§18.2-53.1. Use or display of firearm in committing felony.

It shall be unlawful for any person to use or attempt to use any pistol, shotgun, rifle, or other firearm or display such weapon in a threatening manner while committing or attempting to commit murder, rape, forcible sodomy, inanimate or animate object sexual penetration as defined in § 18.2-67.2, robbery, carjacking, burglary, malicious wounding as defined in § 18.2-51, malicious bodily injury to a law-enforcement officer as defined in § 18.2-51.1, aggravated malicious wounding as defined in § 18.2-51.2, malicious wounding by mob as defined in § 18.2-41 or abduction. Violation of this section shall constitute a separate and distinct felony and any person found guilty thereof shall be sentenced to a mandatory minimum term of imprisonment of three years for a first conviction, and to a mandatory minimum term of five years for a second or subsequent conviction under the provisions of this section. Such punishment shall be separate and apart from, and shall be made to run consecutively with, any punishment received for the commission of the primary felony.