VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact §18.2-282 of the Code of
Virginia, relating to brandishing a firearm; intent; penalty.
[H 560]
Approved
Be it enacted by the General Assembly of Virginia:
1. That §18.2-282 of the Code of Virginia is amended and
reenacted as follows:
§18.2-282. Pointing, holding, or brandishing firearm, air or
gas operated weapon or object similar in appearance; penalty.
A. It shall be is unlawful for any person
with the intent to induce or when he knows or reasonably should know that his
conduct induces fear in the mind of another to point, hold, or
brandish any firearm or any air or gas operated weapon or any object similar in
appearance, whether capable of being fired or not, in such manner as to
reasonably induce fear in the mind of another or hold a firearm or any air or
gas operated weapon in a public place in such a manner as to reasonably induce
fear in the mind of another of being shot or injured. However, this section
shall not apply to any person engaged in excusable or justifiable self-defense.
Persons violating A person who violates the provisions of this section
shall be is guilty of a Class 1 misdemeanor or, if the violation
occurs upon any public, private, or religious elementary, middle,
or high school, including buildings and grounds or upon public property within
1,000 feet of such school property, he shall be is guilty of a
Class 6 felony.
B. Any police officer in the performance of his duty, in
making an arrest under the provisions of this section, shall not be civilly
liable in damages for injuries or death resulting to the person being arrested
if he had reason to believe that the person being arrested was pointing,
holding, or brandishing such firearm or air or gas operated weapon, or object
that was similar in appearance, with intent to induce fear in the mind of
another.
C. For purposes of this section, the word "firearm"
means 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 word "ammunition," as used herein, shall
mean a cartridge, pellet, ball, missile or projectile adapted for use in a
firearm.
2. That the provisions of this act may result in a net
increase in periods of imprisonment or commitment. Pursuant to
§ 30-19.1:4, the estimated amount of the necessary appropriation is $0 for
periods of imprisonment in state adult correctional facilities and cannot be
determined for periods of commitment to the custody of the Department of
Juvenile Justice.
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