A. If any person willfully discharges or causes to be discharged any firearm in any street in a city or town, or in any place of public business or place of public gathering, and such conduct results in bodily injury to another person, he shall be guilty of a Class 6 felony. If such conduct does not result in bodily injury to another person, he shall be guilty of a Class 1 misdemeanor.
B. If any person willfully discharges or causes to be discharged any firearm upon the buildings and grounds of any public, private or religious elementary, middle or high school, he shall be guilty of a Class 4 felony, unless he is engaged in a program or curriculum sponsored by or conducted with permission of a public, private or religious school.
C. If any person willfully discharges or causes to be discharged any firearm upon any public property within 1,000 feet of the property line of any public, private or religious elementary, middle or high school property he shall be guilty of a Class 4 felony, unless he is engaged in lawful hunting.
D. This section shall not apply to any law-enforcement officer in the performance of his official duties nor to any other person whose said willful act is otherwise justifiable or excusable at law in the protection of his life or property, or is otherwise specifically authorized by law.
E. Nothing in this statute shall preclude the Commonwealth from electing to prosecute under any other applicable provision of law instead of this section.
Code 1950, § 18.1-69; 1960, c. 358; 1975, cc. 14, 15; 1992, c. 735; 1999, c. 996; 2001, c. 712; 2005, c. 928.
Notes of Decisions
King v. Commonwealth, 670 S.E.2d 767 (Va. Ct. App. 2009).
· cites it 36× “At trial, appellant moved to strike the Commonwealth’s evidence, arguing that, at the time of the shooting, the premises leased by the LEAD Center did not constitute “school property” within the meaning of Code § 18.2-280(0 because, based on the terms of the lease, the premises…”
Com. v. Hilliard, 613 S.E.2d 579 (Va. 2005).
· cites it 4× “2-154; and discharging a firearm within 1,000 feet of a school, in violation of Code § 18.2-280. Before trial, Hilliard filed a motion to suppress a statement he gave to the police, claiming a violation of his Fourth, Fifth, and Sixth Amendment rights, as well as certain rights…”
Hilliard v. Commonwealth, 601 S.E.2d 652 (Va. Ct. App. 2004).
· cites it 8× “2-154), and discharging a firearm on or within 1000 feet of school property (in violation of Code § 18.2-280(B)), finding that the trial court properly denied Hilliard's motion to suppress inculpatory statements obtained from him by the police after he allegedly invoked his…”
Ellis v. Com., 706 S.E.2d 849 (Va. 2011).
· cites it 2× “[4] Presumably counsel was referring to Code § 18.2-280, which prohibits the "willful" discharge of a firearm "in any street in a city or town, or in any place of public business or place of public gathering," a Class 1 misdemeanor unless the incident occurs in or within a…”
Jackson v. Commonwealth, 470 S.E.2d 138 (Va. Ct. App. 1996).
· cites it 4× “, Code §§ 18.2-280 (willfully discharging firearm in public place, a Class 4 felony or Class 1 misdemeanor, depending on the location), 18.”
United States v. Van Smith, 727 F. Supp. 1023 (W.D. Va. 1990).
· cites it 3× “The defendant was charged with unlawful discharge of a firearm, Va. Code § 18.2-280, a Class I misdemeanor, and possession of cocaine with intent to distribute, Va.”
Conroy Gordon v. William Barr, 965 F.3d 252 (4th Cir. 2020).
“Va. Code § 18.2-280(A) (emphasis added). No language in the statute narrows or otherwise restricts this broad term.”
Harris v. Commonwealth, 667 S.E.2d 809 (Va. Ct. App. 2008).
· cites it 2× “1, discharging a firearm in a public place, in violation of Code § 18.2-280, and possession of a firearm by a juvenile, in violation of Code § 18.”
United States v. White, 670 F. Supp. 2d 462 (W.D. Va. 2009).
· cites it 2× “2-308; (2) discharge of a firearm in a public place, in violation of Virginia Code § 18.2-280; (3) possession of a stolen firearm, in violation of Virginia Code § 18.”
— Va. Code Ann. § 18.2-280(A) — 7 cases
Conroy Gordon v. William Barr, 965 F.3d 252 (4th Cir. 2020).
“Va. Code § 18.2-280(A) (emphasis added). No language in the statute narrows or otherwise restricts this broad term.”
— Va. Code Ann. § 18.2-280(B) — 1 case
Hilliard v. Commonwealth, 601 S.E.2d 652 (Va. Ct. App. 2004).
“2-154), and discharging a firearm on or within 1000 feet of school property (in violation of Code § 18.2-280(B)), finding that the trial court properly denied Hilliard's motion to suppress inculpatory statements obtained from him by the police after he allegedly invoked his…”
— Va. Code Ann. § 18.2-280(C) — 3 cases
King v. Commonwealth, 670 S.E.2d 767 (Va. Ct. App. 2009).
“At trial, appellant moved to strike the Commonwealth’s evidence, arguing that, at the time of the shooting, the premises leased by the LEAD Center did not constitute “school property” within the meaning of Code § 18.2-280(0 because, based on the terms of the lease, the premises…”
— Va. Code Ann. § 18.2-280(D) — 2 cases
King v. Commonwealth, 670 S.E.2d 767 (Va. Ct. App. 2009).
“At trial, appellant moved to strike the Commonwealth’s evidence, arguing that, at the time of the shooting, the premises leased by the LEAD Center did not constitute “school property” within the meaning of Code § 18.2-280(0 because, based on the terms of the lease, the premises…”
— Va. Code Ann. § 18.2-280(E) — 2 cases
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