A. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. Any person violating this section shall be guilty of a Class 1 misdemeanor.
A1. Any person who handles any firearm in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony.
B. If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such person's hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years.
C. Upon a revocation pursuant to subsection B hereof, the clerk of the court in which the case is tried pursuant to this section shall forthwith send to the Department of Wildlife Resources (i) such person's revoked hunting or trapping license or notice that such person's privilege to hunt or trap while in possession of a firearm has been revoked and (ii) a notice of the length of revocation imposed. The Department shall keep a list which shall be furnished upon request to any law-enforcement officer, the attorney for the Commonwealth or court in this Commonwealth, and such list shall contain the names and addresses of all persons whose license or privilege to hunt or trap while in possession of a firearm has been revoked and the court which took such action.
D. If any person whose license to hunt and trap, or whose privilege to hunt and trap while in possession of a firearm, has been revoked pursuant to this section, thereafter hunts or traps while in possession of a firearm, he shall be guilty of a Class 1 misdemeanor, and, in addition to any penalty imposed by the jury or the court trying the case without a jury, the trial judge may revoke such person's hunting or trapping license and privileges to hunt or trap while in possession of a firearm for a period of one year to life. The clerk of the court shall notify the Department of Wildlife Resources as is provided in subsection C herein.
1977, c. 194; 1985, c. 182; 1991, c. 384; 2010, c. 183; 2011, c. 684; 2014, cc. 444, 579; 2020, c. 958.
Notes of Decisions
Zequez Deaairo Jones v. Commonwealth of Virginia, 777 S.E.2d 229 (Va. Ct. App. 2015).
· cites it 24× “He argues that the evidence failed to prove that the object in question was a firearm as contemplated by Code § 18.2-56.1. We agree and reverse his conviction.”
Schlimmer v. Poverty Hunt Club, 597 S.E.2d 43 (Va. 2004).
· cites it 8× “The game warden charged Cofield with the reckless handling of a firearm in violation of Code § 18.2-56.1(A). That statute makes it "unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person.”
Luck v. Commonwealth, 515 S.E.2d 325 (Va. Ct. App. 1999).
· cites it 12× “The evidence offered by appellant to show Smith’s propensity for violence was a record from Hanover County General District Court indicating that, on January 4, 1991, Smith was convicted of recklessly handling a firearm in violation of Code § 18.2-56.1. At the time of Smith’s…”
Bailey v. Commonwealth, 362 S.E.2d 750 (Va. Ct. App. 1987).
· cites it 12× “Code § 18.2-56.1 (A) is not limited to the activity of hunters; Code § 18.”
Kirby v. Commonwealth, 570 S.E.2d 832 (Va. 2002).
· cites it 4× “2 Under Count 1, the trial court, sitting without a jury, convicted the defendant of the reduced charge of reckless handling of a firearm in violation of Code § 18.2-56.1 3 and sentenced him to serve twelve months in jail, suspended.”
Mangano v. Commonwealth, 604 S.E.2d 118 (Va. Ct. App. 2004).
· cites it 4× “No cases address the phrase “to recklessly leave,” but several cases have dealt with the corresponding phrase “to handle recklessly,” which appears in the preceding statute, Code § 18.”
Christian v. Commonwealth, 536 S.E.2d 477 (Va. Ct. App. 2000).
· cites it 4× “See Code § 18.2-56.1 and Code § 18.2-282. Christian lived in one of the apartments in the building where he was arrested.”
Darnell v. Commonwealth, 370 S.E.2d 717 (Va. Ct. App. 1988).
· cites it 2× “2d 750 (1987), to support this proposition, it points out further that in Bailey , this court held that “[a] violation of Code § 18.2-56.1(A) (the reckless handling of a firearm statute), unlike most safety statutes dealing with the operation of motor vehicles, contemplates an…”
Commonwealth v. Davis, 777 S.E.2d 555 (Va. 2015).
· cites it 4× “He was also charged with a misdemeanor offense of reckless handling of a firearm under Code § 18.2-56.1. On December 16, 2008, Davis appeared in the General District Court of Surry County (“district court”) for a trial on the misdemeanor charge and a preliminary hearing on the…”
Ronald Taft Davis, III v. Commonwealth of Virginia, 754 S.E.2d 533 (Va. Ct. App. 2014).
· cites it 4× “6 The circuit court stated that the district court order did not specify which element of the offense was not proved beyond a reasonable doubt and “merely placed a checkmark in the printed square on the reverse side of the warrant designated, ‘not 4 Code § 18.2-56.1 provides,…”
James W. Waters, Jr v. Commonwealth, 569 S.E.2d 763 (Va. Ct. App. 2002).
· cites it 4× “395, 397-98 (1935); see also Code § 18.2-56.1, or a misdemeanor of reckless handling of a firearm, see Code § 18.”
Graves v. Commonwealth, 805 S.E.2d 226 (Va. 2017).
· cites it 2× “2-280 (willful discharge of a firearm in a public place, a Class 6 felony or a Class 1 misdemeanor if no one is injured); 18.2-282 (brandishing a firearm, a Class 6 felony); 18.”
— Va. Code Ann. § 18.2-56.1(A) — 14 cases
Schlimmer v. Poverty Hunt Club, 597 S.E.2d 43 (Va. 2004).
“The game warden charged Cofield with the reckless handling of a firearm in violation of Code § 18.2-56.1(A). That statute makes it "unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person.”
Zequez Deaairo Jones v. Commonwealth of Virginia, 777 S.E.2d 229 (Va. Ct. App. 2015).
“He argues that the evidence failed to prove that the object in question was a firearm as contemplated by Code § 18.2-56.1. We agree and reverse his conviction.”
Darnell v. Commonwealth, 370 S.E.2d 717 (Va. Ct. App. 1988).
“2d 750 (1987), to support this proposition, it points out further that in Bailey , this court held that “[a] violation of Code § 18.2-56.1(A) (the reckless handling of a firearm statute), unlike most safety statutes dealing with the operation of motor vehicles, contemplates an…”
Bailey v. Commonwealth, 362 S.E.2d 750 (Va. Ct. App. 1987).
“Code § 18.2-56.1 (A) is not limited to the activity of hunters; Code § 18.”
Mangano v. Commonwealth, 604 S.E.2d 118 (Va. Ct. App. 2004).
“No cases address the phrase “to recklessly leave,” but several cases have dealt with the corresponding phrase “to handle recklessly,” which appears in the preceding statute, Code § 18.”
— Va. Code Ann. § 18.2-56.1(A1) — 1 case
— Va. Code Ann. § 18.2-56.1(B) — 1 case
Bailey v. Commonwealth, 362 S.E.2d 750 (Va. Ct. App. 1987).
“Code § 18.2-56.1 (A) is not limited to the activity of hunters; Code § 18.”
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