Virginia Code § 18.2-282 makes it unlawful for any individual to point, hold, or exhibit any firearm, air or gas-operated weapon, or any item resembling such objects. Commonly referred to as brandishing a firearm, this offense occurs when a person displays a weapon in a manner likely to instill fear of injury or being shot in another individual.
Engaging in such conduct, defined as “brandishing,” may result in criminal charges. A violation of this statute constitutes a class 1 misdemeanor in Virginia, punishable by a maximum of one year in jail and a fine of up to $2500
Outlined below is a summary of the regulations regarding brandishing of firearms in Virginia:
To secure a conviction for brandishing a weapon, the Commonwealth must establish the following criteria:
In simpler terms, the core elements of the offense entail:
The act of “brandishing” entails displaying or revealing something in a bold, unabashed, or confrontational manner.
For instance, when a man expresses interest in something and then lifts his shirt to reveal a flare gun tucked beneath, he is engaging in brandishing.
In the context of this law, a “firearm” refers to any weapon designed to expel single or multiple projectiles through the use of combustible material. It’s immaterial whether the firearm is operational or not.
Such conduct must reasonably cause apprehension in another’s mind
The term “fear” here doesn’t strictly mean terror; rather, it refers to apprehension. Thus, if a person reasonably apprehends potential harm, even if they’re not overtly afraid, the legal requirement is satisfied.
If the weapon is aimed or displayed towards multiple individuals, and each perceives a threat of harm, the defendant could face separate charges for each individual affected.
There exist several defenses to § 18.2-282 Brandishing a Weapon that may be invoked by individuals facing charges under this statute.
However, the defense of personal property has limitations:
In Virginia, the prevailing principle is that employing deadly force is not justified solely to protect personal property. This principle extends to cases of brandishing, where although lethal force hasn’t been used, the threat of such force is implied. Therefore, brandishing a firearm, as in the context of § 18.2-282, isn’t considered lawful if it’s solely for defending personal property.
This stems from the requirement that brandishing be proportionate to the perceived threat. For instance, if a property owner brandishes a shotgun at unarmed cable installers to drive them off the property, it may not be considered reasonable, given the perceived threat, especially if the installers were trespassing.
Self-defense in Virginia is legally recognized under its brandishing code section, which exempts individuals engaged in justifiable or excusable self-defense from its provisions. Hence, if you find yourself or someone else in a situation where lawful self-defense is warranted, Virginia’s laws on self-defense will offer protection for your actions.
Under Virginia law, self-defense is permissible if an individual:
Defense of others is permitted in Virginia under specific circumstances. In addition to defending oneself, individuals are allowed to protect others from harm. Virginia’s principle dictates that the defender assumes the legal position of the person they are protecting. Hence, if the individual being defended would have been justified in using self-defense, the third-party defending them is also considered justified.
However, a third party can only defend another individual if they reasonably believe the person defending did not provoke the attack.
For a complimentary consultation or more details regarding charges related to self-defense situations, please reach out via phone or complete one of our contact forms.
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