Firearm Offenses

VIRGINIA WEAPON CHARGES INVOLVING FIREARMS

There are a number of weapons charges in Virginia involving firearms.  These offenses are listed below.

A firearm in Virginia is “an instrument which was designed, made and intended to expel a projectile by means of an explosion.”  The device does not need to be operable or “capable of being fired.”  This is the definition of firearm that is generally used if the individual firearm crime does not specify what is considered a firearm for that particular code section.

  • Reckless Handling of Firearm: It is a Class 1 misdemeanor under Va. Code §18.2-56.1 to endanger someone’s safety or life by recklessly handling any firearm.  This offense can be a Class 6 felony under §18.2-56.1(A)(1) if the Commonwealth can prove that the offender showed a reckless disregard for human life.
  • DISCHARGING FIREARM IN PUBLIC: There are various offenses in the Virginia Criminal Code criminalizing different shooting acts.  These include shooting in or across a street, shooting in or at a building dwelling house or school, shooting from a car, shooting at a car, and the broad willfully discharging firearm in public places. setting a spring gun, and firearm offenses involving children.  Each of these is discussed below.
      • Shooting in/Across a Road or Street: It is a Class 4 misdemeanor under Va. Code §18.2-286 to discharge a firearm, crossbow, or bow and arrow in or across a road.  This offense is punished by a fine up to $250.
      • Willful Discharge of Firearm in Public: Willfully discharging a firearm in a public place is a Class 1 misdemeanor under Va. Code §18.2-280 (A).  It is punished with up to 12 months in jail and a fine up to $2500.  The crime becomes a Class 6 felony if someone is injured as a result of the willful discharge of a firearm in public.  It is punished with up to 5 years in prison and a fine up to $2500.
      • Willfully Discharge of Firearm on School Grounds: It is a Class 4 felony under Va. Code §18.2-280(B) to willfully discharge a firearm or cause a firearm to be discharged in or on the grounds of any elementary middle or high school.  It is punished with 2-10 years in prison and a fine up to $100,000.
      • Willfully Discharging Firearm within 1,000 Feet of School: It is a Class 4 felony under Va. Code §18.2-280(C) to discharge a firearm or cause a firearm to be discharged on public property within 1,000 feet of an elementary, middle or high school.  It is punished with 2-10 years in prison and a fine up to $100,000.
      • Maliciously Shooting at Train or Other Motor Vehicle: It is a Class 4 felony under Va. Code §18.2-154 to shoot at, or throw a missile at, a vehicle that is occupied by one or more person.  The vehicles covered in this stature include a train, railroad car, any transportation company car, vessel, watercraft, motor vehicle or other vehicles.  It is punished with 2-10 years in prison and a fine up to $100,000.  If anyone dies as a result of the shooting, the offender can be convicted of second or first degree murder.
      • Unlawfully shooting at Train or Motor Vehicle: Unlawfully Shooting at a Train or other Motor Vehicle is a Class 6 felony.  It is punished with up to 5 years in prison and a fine up to $2500.  If anyone dies as a result of this unlawful shooting, the offender can be convicted of involuntary manslaughter.
      • Shooting at Law Enforcement Officer: If someone shoots at a law enforcement, fire, or emergency medical services vehicle, either maliciously or unlawfully, the Class 4 and Class 6 felony punishments will apply.  However, there is a mandatory minimum sentence of one year in prison.  This is in addition to any other sentence and will be served consecutively.
      • Discharging Firearm from Vehicle: It is a Class 5 felony under Va. Code §18.2-286.1 to discharge a firearm while in or on a motor vehicle.  The statute prohibits endangering the life or safety of another person by intentionally discharging a firearm from a vehicle.  An offender an also be convicted if his intentional shooting caused another person to have a “reasonable apprehension of injury or death.”  This crime is punished with up to 10 years in prison and a fine up to $2500.
      • Maliciously Discharging Firearm at or In Building: Va. Code §18.2-279 states that maliciously discharging a firearm in or at a building or dwelling house in which at least one person is present and his life was thereby endangered is a Class 4 felony.  An offender can also be convicted under this statute is he maliciously throwing a missile at or against a dwelling house or other building when at least one person is present in the building, where the life or lives of those inside may be endangered .  If someone dies as a result of malicious discharge of a firearm in a building under Va. Code §18.2-279, the offender can be convicted of second or first degree murder.  
      • Unlawfully Discharging Firearm at or in Building: Unlawful shootings at or in a building are Class 6 felonies.  They are punished up to 5 years in prison and a fine up to $2500.  If someone died as a result of the unlawful shooting, the offender can be convicted of involuntary manslaughter.
      • Discharging Firearm at or in School: It is a Class 4 felony under Va. Code §18.2-279 to willfully discharge a firearm in or shoot at any school building.  Unlike other buildings, the offender can be convicted of this violation even if no one was present in the school building. This crime is punished by 2-10 years and a fine up to $100,000.
      • Possession or Use of Sawed-Off Shotgun: It is a Class 2 felony under Va. Code §18.2-300.A to possess or use a sawed-off shotgun or sawed-off rifle in the commission or attempted commission of a crime of violence.  The offenses considered “crimes of violence” are defined in Va. Code §18.2-288.  This offense is punished with 20 years to life in prison and a fine up to $100,000.
        §18.2-300.B states that possession or use of a sawed off shotgun or rifle for a purpose other than in the commission of a crime of violence is a Class 4 felony.  This offense is punished with 2-10 years in prison and a fine up to $100,000.  
        It is a Class 3 misdemeanor under Va. Code §18.2-304 for a manufacturer or dealer to fail to keep a register of sawed-off shotguns and rifles he has manufactured, handled or transferred.   It is also a Class 3 misdemeanor to not allow inspection of his records.  This offense is punished with a fine up to $500.
    • Hunting Offenses Involving Firearms
      • Hunting with a Firearm While Under the Influence: It is a Class 1 misdemeanor under Va. Code §18.2-285 to hunt with a firearm, bow and arrow or cross bow while under the influence of alcohol, under the influence of a drug or drugs to the point where his ability to hunt safely is impaired, or under the influence of a combination of alcohol and drugs to the point where his ability to safely hunt is impaired, or under the influence of both alcohol and drugs to the point where his ability to hunt safely is impaired.
      • Reckless Handling of Firearm While Hunting: This statute also criminalizes reckless handling a firearm while hunting under Va. Code §18.2-56.1(B).  The offender can lose his hunting license and privilege to hunt while possessing a firearm for 1-5 years if convicted.  This is in addition to any other penalty imposed by the court.
    Use of Firearm During Commission of Felony

    Virginia weapon chargesIt is a felony under §18.2-53.1 to use or attempt to use a firearm while committing any one of a number of felonies.  The statute also criminalizes displaying a firearm in a threatening manner while committing one of these felonies.  

    The prohibited weapons include pistol, shotgun, rifle or other firearm.  Unlike other weapons offenses in the Virginia criminal code, a firearm for purposes of this statute can include a weapon that is not able to fire projectiles but appears to be able to do so.

    The felonies listed in the statute are murder, rape, sodomy, animate or inanimate sexual penetration, robbery, carjacking, burglary, malicious wounding, malicious bodily injury to a law enforcement officer, aggravated malicious wounding, malicious wounding by mob, or abduction.  

    This offense is a separate crime from the underlying felony.  The mandatory minimum punishment is in addition to, and will run consecutive with, any penalty imposed for the underlying felony.  There is a mandatory minimum of 3 years imprisonment for a first offense of use or display or a firearm in committing a felony.  The penalty for a second or subsequent offense is a mandatory minimum confinement in prison of 5 years.  

    Setting Spring Gun or Other Deadly Weapon
    Va. Code §18.2-281 prohibits setting a spring gun in Virginia.  A spring gun is a firearm or deadly weapon which can be “discharged or activated by a person coming in contact therewith or with any strong, wire, spring, or any other contrivance attached thereto or designed to activate such weapon remotely.”  This is a Class 6 felony and it punished with up to 5 years in prison and a fine up to $2500.  If someone dies as a result, the offender can be charged with felony murder under Va. Code §18.2-33.  
    Offenses Endangering Children
    It is a Class 3 misdemeanor under §18.2-56.2(A) to endanger the life or safety of a child under the age of 14 by recklessly leaving a loaded, unsecured firearm.  This offense is punished with a fine up to $500.  
    It is a Class 1 misdemeanor under Va. Code §18.2-56.2(B)  to allow a child under 12 to use a firearm without adult supervision.  This offense is punished with up to 12 months in jail and a fine up to $2500