Discharging Firearms in Public Places in Virginia

Discharging a firearm in a public place in Virginia is always taken seriously, even if a person is engaged in lawful hunting or legitimate shooting activities for sport. There are specific places where shooting in Virginia is banned due to the Commonwealth criminalizing willfully discharging firearms in public places in Virginia, discussed below.

Discharging Firearms in Public Places in Virginia

Willfully discharging firearms in certain public places in Virginia is a crime (Va. Code §18.2-280). It can be charged as a misdemeanor or a felony depending on whether someone was injured as a result of the shooting.

Discharging Fireamrs in Street or in a Public Business or Place of Public Gathering

The statute prohibits shooting in any street in a city or town or in any public business or place of public gathering. If no one is injured as a result of the shooting, the offense is a Class 1 misdemeanor.This offense is punished with up to 12 months in jail and a fine up to $2,500. If  another person is injured as a result of the shooting, the offense is a Class 6 felony. This offense is punished with up to five years in prison and a fine up to $2,500.

Discharging Firearms in Street

To convict an offender of discharging a firearm in a public place in Virginia, the Commonwealth must prove that the person:

• willfully
• discharged or caused to be discharged
• a firearm
• in any street
• in a city or town

The. Commonwealth must prove the additional element that another person was injured as a result in order to convict the offender of a Class 6 felony.

Discharging Firearm in Public Business or Place of Public Gathering in Virginia

The Commonwealth can also convict an offender under this statute by proving that the person:

• willfully
• discharged or caused to be discharged
• a firearm
• in any public business or place of public gathering

There are exceptions for law-enforcement officers in the performance of their official duties, those whose discharge of a firearm is found to be justified or excused in self-defense, or as otherwise allowed by other laws (Va. Code §18.2-280(D)).

For more information on shooting in self-defense in Virginia, click here.

For more information on justified shooting in Virginia, click here.

For more information on excusable shootings in Virginia, click here.

For more information on Discharging a Firearm in a Street or Place of Public Business or Public Gathering in Virginia, click here.

For more information on Discharging a Firearm in a Street in Virginia, click here.

For more information on Discharging a Firearm in a Public Business or Place of Public Gathering in Virginia, click here.

For more information on Discharging a Firearm in a Public Business in Virginia, click here.

For more information on Discharging a Firearm in a Place of Public Gathering in Virginia, click here.

Discharging a Firearm on or Near School Grounds in Virginia

Discharging a firearm on or near school grounds is punished more seriously under Va. Code §18.2-280(B)

Discharging a Firearm on School Grounds in Virginia

Discharging a firearm on school grounds in Virginia is a Class 4 felony and is punished with 2-10 years in prison and a fine up to $100,000. An exception to this offense is if a person is engaged in a program sponsored by the school or with the permission of the school. To be convicted of this offense, the Commonwealth must prove that an offender:

• willfully
• discharged or causes to be discharged
• a firearm
• upon the buildings and grounds of
• any public, private, or religious elementary, middle or high school

For more information on Discharging a Firearm On or Near School Grounds in Virginia, click here.

For more information on Shooting on School Grounds in Virginia, click here.

Discharging a Firearm Near School Grounds in Virginia

A person can be charged with a felony even if he or she was not on school grounds but was near school grounds and discharged a firearm under Va. Code §18.2-280(C). Willfully discharging a firearm on public property within 1,000 feet of an elementary, middle or high school in Virginia is also a Class 4 felony, punished with 2-10 years in prison and a fine up to $100,000. An exception applies for those engaged in lawful hunting.

To convict an offender of this offense, the Commonwealth must prove that a person:

• willfully
• discharged or caused to be discharged
• a firearm
• on public property
• within 1,000 feet
• of the property line of
• any public, private, or religious elementary, middle or high school property

For more information on Discharging a Firearm Near School Grounds in Virginia (Va. Code §18.2-280(C)), click here.

For more information on hunting laws in Virginia, click here.

For more information on firearm laws as they related to hunting in Virginia, click here.

 

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