It shall be unlawful for any person to use or attempt to use any pistol, shotgun, rifle, or other firearm or display such weapon in a threatening manner while committing or attempting to commit murder, rape, forcible sodomy, inanimate or animate object sexual penetration as defined in § 18.2-67.2, robbery, carjacking, burglary, malicious wounding as defined in § 18.2-51, malicious bodily injury to a law-enforcement officer as defined in § 18.2-51.1, aggravated malicious wounding as defined in § 18.2-51.2, malicious wounding by mob as defined in § 18.2-41 or abduction. Violation of this section shall constitute a separate and distinct felony and any person found guilty thereof shall be sentenced to a mandatory minimum term of imprisonment of three years for a first conviction, and to a mandatory minimum term of five years for a second or subsequent conviction under the provisions of this section. Such punishment shall be separate and apart from, and shall be made to run consecutively with, any punishment received for the commission of the primary felony.
1975, cc. 624, 628; 1976, c. 371; 1980, c. 333; 1982, c. 654; 1991, c. 506; 1992, cc. 191, 726; 1993, cc. 549, 835; 1994, c. 950; 2004, c. 461.
Notes of Decisions
Terra Nyree Hines v. Commonwealth of Virginia, 721 S.E.2d 792 (Va. Ct. App. 2012).
· cites it 236× “2-58 and one count of use of a firearm in the commission of one of the robberies in violation of Code § 18.2-53.1. She argues on appeal that the trial court erred in imposing a ten-year sentence for the use of a firearm conviction because Code § 18.”
Startin v. Commonwealth, 690 S.E.2d 310 (Va. Ct. App. 2010).
· cites it 160× “("Startin") appeals two convictions for use of a firearm during the commission of a felony, in violation of Code § 18.2-53.1. Before a panel of this Court, he argued that the trial court erred in finding that the evidence was sufficient to prove that (1) the item he used during…”
Brown v. Com., 688 S.E.2d 185 (Va. 2010).
· cites it 86× “1-270, and were certified for trial as adults under Code § 16.1-269.1. In the circuit court, Demetrious and Dwayne pled guilty to numerous charges, including five counts of use of a firearm in the commission of a felony in violation of Code § 18.”
Bullock v. Commonwealth, 631 S.E.2d 334 (Va. Ct. App. 2006).
· cites it 126× “2-58, and two counts of use of a firearm in the commission of a felony, in violation of Code § 18.2-53.1. The trial court suspended imposition of sentence on the robbery convictions for twenty years upon certain conditions and sentenced Bullock to consecutive terms of three and…”
Rose v. Commonwealth, 673 S.E.2d 489 (Va. Ct. App. 2009).
· cites it 105× “[2] Appellant's question presented asks "Is a victim's perception of a firearm necessary to sustain a conviction under Va.Code § 18.2-53.1?" We acknowledge that the question does not specifically address whether the statute prohibits the use of a firearm as a club.”
Graves v. Commonwealth, 805 S.E.2d 226 (Va. 2017).
· cites it 112× “Graves of, among other crimes, using a firearm in the commission of a felony, in violation of Code § 18.2-53.1. On July 6, 2007, the circuit court sentenced him to five years' imprisonment with two years suspended on this charge.”
Startin v. Com., 706 S.E.2d 873 (Va. 2011).
· cites it 46× “("Startin") for use or display of a firearm in the commission of a felony under Code § 18.2-53.1. I. Facts and Proceedings Below On January 12, 2005, Startin entered a pharmacy in Fairfax County and stated that he needed a bottle of Oxycontin.”
Courtney v. Com., 706 S.E.2d 344 (Va. 2011).
· cites it 46× “Courtney ("Courtney") for use or display of a firearm in the commission of a felony under Code § 18.2-53.1. I. Facts and Proceedings Below On January 11, 2008, Laura Nelson ("Nelson") was driving to her home in Chesterfield County around 10:00 p.”
Yarborough v. Commonwealth, 441 S.E.2d 342 (Va. 1994).
· cites it 42× “Yarborough was indicted in the Circuit Court of Arlington County for the robbery of Susan Konchal and for using or attempting to use or displaying in a threatening manner a pistol or other firearm while committing or attempting to commit robbery, in violation of Code §…”
Startin v. Commonwealth, 682 S.E.2d 115 (Va. Ct. App. 2009).
· cites it 104× “, appellant, appeals two convictions for use of a firearm during the commission of a felony, in violation of Code § 18.2-53.1. Appellant contends that the trial court erred in finding that the evidence was sufficient to prove that (1) the item appellant used during the…”
Armstrong v. Commonwealth, 549 S.E.2d 641 (Va. Ct. App. 2001).
· cites it 32× “Contrasted with offenses committed in violation of Code § 18.2-53.1, the act of firearm possession under Code § 18.”
Clanton v. Commonwealth, 673 S.E.2d 904 (Va. Ct. App. 2009).
· cites it 16× “2-47, and use of a firearm in the commission of abduction in violation of Code § 18.2-53.1. Clanton contends the evidence was insufficient to support his convictions.”
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