A. It shall be unlawful for any person 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 the provisions of this section shall be 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 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.
Code 1950, § 18.1-69.2; 1968, c. 513; 1975, cc. 14, 15; 1990, cc. 588, 599; 1992, c. 735; 2003, c. 976; 2005, c. 928.
Notes of Decisions
Cited in
67
cases (
16 in the last 5 years), 1979–2026 · leading case:
Dezfuli v. Commonwealth, 707 S.E.2d 1 (Va. Ct. App. 2011).
Dezfuli v. Commonwealth, 707 S.E.2d 1 (Va. Ct. App. 2011).
· cites it 18× “Upon finding the evidence insufficient for a finding of guilt on either count, the trial court *4 convicted Dezfuli of brandishing a firearm, in violation of Code § 18.2-282, as a lesser-included offense of the use of a firearm in the commission of a felony.”
United States v. Cuong Gia Le, 316 F. Supp. 2d 355 (E.D. Va. 2004).
· cites it 27× “2-51, or brandishing statute, Va.Code § 18.2-282, in aid of racketeering.”
Diffendal v. Commonwealth, 382 S.E.2d 24 (Va. Ct. App. 1989).
· cites it 10× “” Code § 18.2-282. Diffendal contends that the trial judge erred in (1) restricting voir dire of the jury venire and later refusing to grant a mistrial when a juror informed the judge that he was a retired state police officer, and (2) restricting the scope of his defense and…”
Jones v. Commonwealth, 429 S.E.2d 615 (Va. Ct. App. 1993).
· cites it 10× “*357 See Code § 18.2-282. Of the thirty-three sections that deal with the unlawful use, possession or transfer of “firearms,” only five provide a definition.”
Christian v. Commonwealth, 536 S.E.2d 477 (Va. Ct. App. 2000).
· cites it 8× “1 and Code § 18.2-282. Christian lived in one of the apartments in the building where he was arrested.”
Morris v. Com., 607 S.E.2d 110 (Va. 2005).
· cites it 8× “Also at issue is Code § 18.2-282, which makes it a Class 1 misdemeanor to point, hold, or brandish a firearm in such manner as to reasonably induce fear in the mind of another.”
Jackson v. Commonwealth, 583 S.E.2d 780 (Va. Ct. App. 2003).
· cites it 16× “Moreover, Virginia decisions arguably suggest that the informant's tip in this case made no reliable assertion of illegality because the mere report that a person "brandished" a gun is not sufficient to allege the person has committed a criminal offense under Code § 18.”
Kelsoe v. Commonwealth, 308 S.E.2d 104 (Va. 1983).
· cites it 6× “In a bench trial, Robert Lee Kelsoe was convicted of three separate charges of brandishing and pointing a firearm in violation of Code § 18.2-282, and sentenced to 60 days in jail on each.”
Morris v. Commonwealth, 609 S.E.2d 92 (Va. Ct. App. 2005).
· cites it 16× “Second, brandishing a firearm, Code § 18.2-282, is a not a lesser-included offense of robbery, Code § 18.”
Huffman v. Commonwealth, 658 S.E.2d 713 (Va. Ct. App. 2008).
· cites it 8× “2, and two misdemeanor charges of brandishing a firearm in violation of Code § 18.2-282(A). On appeal, Huffman challenges the sufficiency of the evidence for one of his brandishing convictions.”
In re: Dearnta Thomas, 988 F.3d 783 (4th Cir. 2021).
· cites it 2× “18–20 (contending that Va. Code Ann. § 18.2-282 5 does not satisfy the force clause because a person could “point, hold or brandish” a firearm “in such manner as to reasonably induce fear in the mind of another” with a mens rea of recklessness); id.”
— Va. Code Ann. § 18.2-282(A) — 16 cases
Huffman v. Commonwealth, 658 S.E.2d 713 (Va. Ct. App. 2008).
“2, and two misdemeanor charges of brandishing a firearm in violation of Code § 18.2-282(A). On appeal, Huffman challenges the sufficiency of the evidence for one of his brandishing convictions.”
Christian v. Commonwealth, 536 S.E.2d 477 (Va. Ct. App. 2000).
“1 and Code § 18.2-282. Christian lived in one of the apartments in the building where he was arrested.”
Jackson v. Commonwealth, 583 S.E.2d 780 (Va. Ct. App. 2003).
“Moreover, Virginia decisions arguably suggest that the informant's tip in this case made no reliable assertion of illegality because the mere report that a person "brandished" a gun is not sufficient to allege the person has committed a criminal offense under Code § 18.”
— Va. Code Ann. § 18.2-282(B) — 2 cases
— Va. Code Ann. § 18.2-282(C) — 1 case
— Va. Code Ann. § 18.2-282(b) — 1 case
— Va. Code Ann. § 18.2-282(c) — 1 case
Jones v. Commonwealth, 429 S.E.2d 615 (Va. Ct. App. 1993).
“*357 See Code § 18.2-282. Of the thirty-three sections that deal with the unlawful use, possession or transfer of “firearms,” only five provide a definition.”
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