The term ammunition means cartridge, pellet, ball, missile or projectile adapted for use in a firearm. Please check official sources. Suspension or revocation of permit. Va Code 18.2-308.1: School property. Read [], ARLINGTON, VIRGINIA: Class 1 misdemeanor offense of Reckless Handling of a Firearm under VA Code 18.2-56.1 for an accidental discharge in an apartment building was DISMISSED. A violation of this Subsection shall be punishable as a Class 3 misdemeanor. -HD&*bX0K Powered by The State Decoded A. (f) It shall be unlawful for any person to discharge any firearm from or across any highway, sidewalk or any public land except on a properly constructed target range. ), An assault is any attempt or offer with force or violence to do a corporeal hurt to another, whether from malice or wantonness, as by striking at him in a threatening or insulting manner, or with such other circumstances as denote at the time an intention, coupled with a present ability, of actual violence against his person, as by pointing a weapon at him when he is within reach of it.. 18.2-56.1. (g) Notwithstanding the provisions of Subsections (a) through (f) of this Section, the following acts shall not be violations of this Section: (4) Shooting or discharge of any firearm by any law enforcement officer acting in the performance of the duties of a law enforcement agency. . Upon receipt of such notice of a conviction, the court shall revoke the permit of a person disqualified pursuant to this subsection, and shall promptly notify the State Police and the person whose permit was revoked of the revocation. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty. To be found guilty of the Felony the handling of the firearm must be 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. Only a lawyer can explanation of Virginias self-defense law, Permit Required for Concealed Carry in Virginia, Virginia Department of Game and Inland Fisheries, Virginia Boating While Intoxicated, Recklessly Operating Boat & Watercraft Criminal Offenses, Carrying Concealed handgun while intoxicated, Discharging firearm in public causing injury, Possessing firearm with Drugs Schedule I or II, Reckless handling of firearms; reckless handling while hunting Va. Code 18.2-56.1, Carrying loaded firearms in public areas prohibited Va. Code 18.2-287.4, Discharging firearms or missiles within or at building or dwelling house Va. Code 18.2-279, Possession or transportation of certain firearms by persons under the age of 18 Va. Code 18.2-308.7, Pointing, holding, or brandishing firearm, air or gas-operated weapon or objects Va. Code 18.2-282, Personal protection; carrying concealed weapons without a Permit Va. Code 18.2-308, Receipt of / receiving stolen firearm Va. Code 18.2-108.1, Shooting at or throwing missiles, etc., at a train, car, vessel, etc. 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 persons hunting or trapping license and privileges to hunt or trap while in possession of a firearm for a period of one year to life. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Any person violating this section shall be guilty of a Class 1 misdemeanor. This law does not distinguish between firearm owners and non-owners who recklessly left the firearms accessible to children. Ms. Medvin is an avid supporter of the Second Amendment and the right to self-defense. Booking Number: 23-001677. This prohibited discharge of firearms shall not apply to the killing of deer pursuant to Code of Virginia, 29.1-529 on land of at least five acres that is zoned for agricultural use. 2023 LawServer Online, Inc. All rights reserved. 2800 N Parham Rd #201, Reckless handling of firearms; reckless handling while hunting. If found hunting, trapping or fishing during this prohibited period, the person shall be guilty of a Class 2 misdemeanor. This law is violated by any form of reckless handling which endangers a person or property. Lee was standing about twenty meters from appellant. So there are three different offenses in the Reckless Handling of a Firearm statute: The commonwealth has the burden to prove you actually handled the firearm recklessly. One way for them to prove this will be to use statements that you make to the police. A good attorney can argue to the judge the one definition of reckless should be accepted over another, but as an initial . Any person violating this section shall be guilty of a Class 1 misdemeanor. Any person convicted of an offense that would disqualify that person from obtaining a permit under 18.2-308.09 or who violates subsection C of 18.2-308.02 shall forfeit his permit for a concealed handgun and surrender it to the court. You're all set! (a) It shall be unlawful for any person to shoot any firearm in any areas of the County that are so heavily populated as to make such conduct dangerous to the inhabitants thereof, which areas are designated in Appendix J to the Fairfax County Code. Vienna Sec. The law states a person will be found guilty of a Class 1 misdemeanor ifany person, handle recklessly any firearm so as to endanger the life, limb or property of any person. When the seizing agency ceases to so use the weapon, it shall be disposed of as otherwise provided in this section. Code 18.256.1(A) simply requires that the firearm be handled in a reckless manner so as to endanger the life, limb or property of any person.. A third or subsequent violation is a Class 5 felony. Whether the prosecution must prove that a firearm in a prosecution under Code 18.256.1(A) must be operable or capable of being fired will depend on the facts of each case. 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 persons hunting or trapping license and privileges to hunt or trap while in possession of a firearm for a period of one year to life. A person who carries a concealed handgun onto the premises of such a restaurant or club and consumes alcoholic beverages is guilty of a Class 2 misdemeanor. 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. A. Terms Used In Virginia Code 18.2-56.1. This felony offense carries a maximum prison sentence of 10 years. This website does not constitute legal advice. 38, 730. B. A. Read more about Assault [], CARRYING A CONCEALED HANDGUN WHILE INTOXICATED Virginia law criminalizes the carrying of a legally concealed handgun while under the influence of alcohol or drugs under Va Law 18.2-308.012. The description of Virginia law below is for informational purposes only and should not be misconstrued as personalized legal advice. Current with changes through Ch. <> (3) a person. Any firearm, stun weapon as defined by 18.2-308.1, or any weapon concealed, possessed, transported or carried in violation of 18.2-283.1, 18.2-287.01, 18.2-287.4, 18.2-308.1:2, 18.2-308.1:3, 18.2-308.1:4, 18.2-308.2, 18.2-308.2:01, 18.2-308.2:1, 18.2-308.4, 18.2-308.5, 18.2-308.7, or 18.2-308.8 shall be forfeited to the Commonwealth and disposed of as provided in 19.2-386.29. This field is for validation purposes and should be left unchanged. 29.1-338. (d) It shall be unlawful for any person to hunt with a shotgun loaded with slugs. Sign up for our free summaries and get the latest delivered directly to you. 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. Click to review Virginia's new gun control laws. Ms. Medvin has represented numerous individuals in Alexandria, Fairfax, Arlington, Vienna, and Falls Church on various firearms charges. Virginia Law punishes various acts of hunting and poaching of game / wild animals. Additional felony charges for firearm possession (18.2-308.4) and PWID Possession with Intent to Distribute (18.2-248, [], ARLINGTON, VIRGINIA: Class 1 misdemeanor offense of Reckless Handling of a Firearm under VA Code 18.2-56.1 will be DISMISSED conditioned on completing a gun safety course at the NRA and surrender of concealed carry permit for one year. Email is the fastest way to reach us. Lee testified that appellant had a handgun. For more information on Brandishing a Firearm in Virginia, click here. B. Jf/d}&i{jFx(D^R^9zn|8+;d_rt>~z^S_){cP}Gub0:(,~PO:)}:giC3S_c!^O+JJrdOMw0MJ n- dSR A firearm is a deadly weapon without proof that it was operable or loaded. Read more about Weapons Law [], ARLINGTON, VIRGINIA: Trial for a class 1 misdemeanor offense of carrying a weapon in air carrier airport terminal under VA Code 18.2-287.01, in which our client was accused of bringing a loaded handgun into the DCA airport, resulted in no active jail time, a $250 fine and surrender of the [], ATTORNEY CASE RESULT IN FAIRFAX COUNTY, VIRGINIA: Client was charged with Class 1 Misdemeanor Possession of Marijuana Second+ Offense (VA Code 18.2-250.1) and Class 1 Misdemeanor Carrying a Concealed Weapon Brass Knuckles (VA Code 18.2-308 metal knucks). 444, 579; 2020, c. 958. B. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Code 18.2-56.1 (A) prohibits the reckless handling of a firearm "so as to endanger the life, limb or property of any person." The manifest purpose of Code 18.2-56.1 (A) is to prevent actual endangerment, not the mere appearance of endangerment. Brandishing a firearm in Virginia (Va. Code 18.2-282) is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2,500. (9) Shooting or discharge of a firearm by any representative of the Virginia Department of Game and Inland Fisheries in the performance of duty for scientific collection or wildlife management purposes. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. Hunting or discharge of firearms in certain places prohibited; exceptions. Please try again. If youre reading this for anything important, you should double-check its In 2009, the Supreme Court of Virginia decided in the case of Thompson v. Commonwealth that it is insufficient as a matter of law to establish beyond a reasonable doubt that the butterfly knife at issue is of like kind to a dirk or any other weapon enumerated in Code 18.2-308(A). Lee recognized appellant because he was one of the store's regular customers. Thus, firing two shots would be two counts of unlawful discharge. C. It shall be unlawful for any person to shoot a compound bow, crossbow, longbow, or recurve bowat or upon the property of another without permission. Complete the form below to receive a free consultation. On appeal to Circuit Court, the case was Dismissed after Defense filed 3 motions to dismiss. Reckless handling of firearms; reckless handling while hunting. 18.2-56.1. Thus, in jury trials, as opposed to bench trials, the fact that verdicts may, on their face, arguably appear inconsistent does not provide a basis to reverse either conviction on appeal, provided the evidence is sufficient to support each verdict. Tyler v. Commonwealth, 21 Va.App. ARLINGTON, VIRGINIA: Class 1 misdemeanor offense of Reckless Handling of a Firearm under VA Code 18.2-56.1 for an accidental discharge in an apartment building was DISMISSED. Felony; drive-by shooting. We serve Alexandria, Fairfax, Arlington & DC.Meetings by appointment only. The government will have to prove that the accused(1) pointed or brandished a firearm, and (2) in such a manner as to reasonably induce fear in the mind of the alleged victim. 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 persons hunting or trapping license and privileges to hunt or trap while in possession of a firearm for a period of one year to life. Exemptions to this statute include a person who has a valid concealed handgun permit and possesses a concealed handgun while in a motor vehicle in a parking lot, traffic circle, or other means of vehicular ingress or egress to the school. The statute, however, does not specify that the firearm must be operable or capable of being fired. Any person who recklessly leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any person under the age of 14can be charged with a Class 1 misdemeanor. 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. You already receive all suggested Justia Opinion Summary Newsletters. 19.2-386.28. In denying the first motion to strike, the trial court found that there existed a different standard for convictions under Code 18.2308.2 and 18.256.1. The court may also prohibit the convicted person from hunting, fishing, or trapping in the Commonwealth for a period of one to five years. Any violation of subsection A, B, or C shall constitute a Class 2 misdemeanor. Code 18.256.1(A) provides that [i]t shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. The statute does not define the term firearm. Questions of statutory interpretation are reviewed de novo. Sarafin v. Commonwealth, 288 Va. 320, 325, 764 S.E.2d 71, 74 (2014). The clerk of the court shall notify the Department of Wildlife Resources as is provided in subsection C herein. He did not see a gun fire. A. The weapons covered by the law are handguns, switchblade knives and some fixed blade knives, razors, slingshots, brass knuckles, spring sticks, throwing stars, ballistic knives, machetes, blackjacks, and nunchucks or fighting chains. 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 persons hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. A violation of this Subsection shall be punishable as a Class 3 misdemeanor. Excluded from the 30-day limitation: (i) persons who have been issued a certificate by the Department of State Police under certain circumstances and with an enhanced background check, (ii) law-enforcement agencies and officers, (iii) state and local correctional facilities, (iv) licensed private security companies, (v) persons who hold a valid Virginia concealed handgun permit, (vi) persons whose handgun has been stolen or irretrievably lost or who are trading in a handgun, (vii) purchases of handguns in a private sale, and (viii) purchases of antique firearms. 2016 Code of Virginia Title 18.2 - Crimes and Offenses Generally . Under Virginia law, a Class 1 misdemeanor is punished by up to one year in jail and a $2500.00 fine. Gender: M. Race: WHITE. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Violation of this rule isa Class 1 misdemeanor offense punished by up to 1 year in jail and a $2500.00 fine. However, upon petition to the court and notice to the attorney for the Commonwealth, the court, upon good cause shown, shall return any such weapon to its lawful owner after conclusion of all relevant proceedings if such owner (i) did not know and had no reason to know of the conduct giving rise to the forfeiture and (ii) is not otherwise prohibited by law from possessing the weapon. Federal law does not distinguish between violent and nonviolent felony offenses. . Any person violating this section shall be guilty of a Class 1 misdemeanor. Concealed carry [], ALEXANDRIA VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Trial for Impersonating Law Enforcement Officer, Brandishing a Firearm (VA Code 18.2-282), and Driving on a Suspended License, resulted in a NOT GUILTY finding for the Impersonating Law Enforcement charge and the Driving on Suspended charge, and no active jail time for the [], ARLINGTON, VIRGINIA: Class 1 misdemeanor charge for carrying a concealed weapon without a permit under VA Code 18.2-308 was AMENDED to a disorderly conduct charge with no active jail time, a fine, and weapon surrender. Appellant was charged with reckless handling of a firearm under Code 18.256.1(A) and with possession of a firearm as a convicted felon under Code 18.2308.2. accuracyread 18.2-56.1 on the official Code of Virginia website. 18.2-56.1 prohibits "reckless handling of firearms," and provides, A. code section ds hearing type 09:15 am bcs 5 cr21000179-01 porter, richard amon wiggins, kasia firearm: reckless handling m 18.2-56.1 c tryl 09:15 am bcs 5 cj22000019-00 *in re juvenile appeal pro se *in re juvenile appeal civil mot 10:00 am bcs 5 cr22000484-01 williams, kevin carlton freeman rosenberg, michael burglary night to comm felony f 18 . Va Code 18.2-285 criminalizes hunting with firearms while under influence of an intoxicant or narcotic drug. If the violation is committed while hunting or trapping, the civil penalty of license revocation may also be imposed. It shall be unlawful for any person in the Town to willfully fire or discharge any gun, pistol or other firearms except in a shooting gallery constructed and operated in accordance with the design criteria and specifications of the National Rifle Association as set forth in the NRA Range Source Book, and further, except where such firing or discharging is done with the written permission of the Town Manager and under the supervision of properly authorized Town personnel. 444, 579. % 1977, c. 194; 1985, c. 182; 1991, c. 384; 2010, c. 183; 2011, c. 684; 2014, cc. 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 persons hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. The Supreme Court labeled the core right of the Second Amendment in Heller as the right of law-abiding, responsible citizens to use arms in defense of hearth and home. This is a clear self defense right, but is not directly related to hunting for food, materials, trade or recreation. 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 Game and Inland Fisheries (i) such persons revoked hunting or trapping license or notice that such persons privilege to hunt or trap while in possession of a firearm has been revoked and (ii) a notice of the length of revocation imposed. Call us to inquire about eligibilityfor a free consultation. people and, consequently, are not governed by copyrightso do whatever you want VA LAW 18.2-56.1. The trial court acquitted the defendant of possession of a firearm as a convicted felon, concluding that the respective statutes required different standard[s] of proof of a firearm. He said he was absolutely sure that it was a handgun. 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. A. Any person permitted to carry a concealed handgun who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place can be found guilty of a Class 1 misdemeanor under Va. Code 18.2-308.012. B. In Virginia, it is illegal to handle recklessly any firearm in such a way that endangers the life, limb, or property of another person. Take a look at the code sections posted below for the many different ways you can violate Virginia law. Design by Meticulous, Violation of 18.2-286 while hunting; revocation of license and privileges, Hunting deer with sights after dark; forfeiture of weapon and sighting device, Employment of lights under certain circumstances upon places used by deer. is an antique or fake firearm), emphasize that fact in charging document, written plea agreement, transcript of This law appears specifically targeted towards this group. Unfortunately, the client was not released on bond after being charged. A class 1 misdemeanor has a maximum penalty of 1 year in jail and a $2500 fine. One of the men took an item and walked out without paying for it. The court may authorize the seizing law-enforcement agency to use the weapon for a period of time as specified in the order. Nothing in this Subsection shall apply to: (i) recreational shooting on gun ranges at any public school operated by or with the approval of that school; (ii) recreational shooting on gun ranges at any public park operated by or with the approval of the owner of the park; (iii) shooting of a starting pistol at an athletic event on any public school grounds or public park and which is conducted with the approval granted by the owner of that school or park property; or (iv) lands within a national or state park or forest, or wildlife management area. Written by an award-winning criminal defense attorney specializing in state and federal criminal law in the state and federal courts of Northern Virginia and Washington DC. Crimes and Offenses Generally 18.2-56.1. An excuse to this law is replacing a lost or stolen handgun, or trading handguns with another person. Call us to see if you are eligible for a free phone consultation with a criminal defense attorney. Accordingly, we employ the same definition of firearm under Code 18.256.1(A) that applies to Code 18.2308.2, rather than the broader standard that applies for prosecutions under Code 18.253.1.2, The Commonwealth contends that the evidence is sufficient to satisfy this definition of a firearm but admits that such a reading of the facts would mean that the trial court reached an inconsistent verdict. Pointing or brandishing firearm or object similar in appearance. [], Virginia law defines a firearm as an instrument which was designed, made and intended to expel a projectile by means of an explosion. stream Any person violating this section shall be guilty of a Class 1 misdemeanor. 13-2-3 Discharge of firearms. Baldwin violated the cardinal rules of putting a firearm into one's hand: 1-Treat every firearm as though it is loaded (with LIVE ammo.added for those challenged among us.) Thus, the courts were left to interpret whether a butterfly knife is a weapon that cannot be concealed under the code section as the ones described above. Reckless handling of firearms; reckless handling while hunting. 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. Code 18.256.1(A) prohibits the reckless handling of a firearm so as to endanger the life, limb or property of any person. The manifest purpose of Code 18.256.1(A) is to prevent actual endangerment, not the mere appearance of endangerment. at 583, 562 S.E.2d at 144. The Virginia Drug Law Firm of Jurach, Tacey & Quitiquit handled serious Juvenile Drug charges in Hanover recently. The laws are enumerated in Title 29.1 of the VA Code GAME, INLAND FISHERIES AND BOATING. These crimes are generally punished as a misdemeanor offense, some carrying no jail time at all, while other offenses carrying up to a year in jail. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. He was 26 years old on the day of the booking. 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 Game and Inland Fisheries (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. Clients weapons were returned to him and he was able to keep his hunting license. z$Q 8QHlOe9yc`47032!s'i;}aY A1. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. An individual who has a felony charge pending or a charge pending for an offense listed in subdivision 14 or 15 of 18.2-308.09, holding a permit for a concealed handgun, may have the permit suspended by the court before which such charge is pending or by the court that issued the permit. Virginia may have more current or accurate information. 1w"kv9 Any person violating this section shall be guilty of a Class 1 misdemeanor. A. Previous 18.2-55.1 Hazing of youth gang members unlawful; criminal liability; Next 18.2-56.1 Reckless handling of firearms; reckless handling while hunting; 18.2 Crimes And Offenses Generally; 4 Crimes Against The Person; 4 Assaults And Bodily Woundings 18.2-56 Hazing unlawful; civil and criminal liability; . Click below to generate an email in your email client. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. While every effort is made to keep all information 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 Game and Inland Fisheries (i) such persons revoked hunting or trapping license or notice that such persons privilege to hunt or trap while in possession of a firearm has been revoked and (ii) a notice of the length of revocation imposed. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. 18.2-56.1. Va Law 18.2-282. The court shall dispose of such weapons as it deems proper by entry of an order of record. LEXIS 800 (Va.Ct.App. 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. It shall be unlawful for any person to discharge or shoot or throw any dangerous missiles bymechanical, explosive, air-or gas-propelled means, or similar method or device onto or across any public sidewalk,path, or roadway, at any public structure or building, or at or onto the property of another. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. 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 persons revoked hunting or trapping license or notice that such persons privilege to hunt or trap while in possession of a firearm has been revoked and (ii) a notice of the length of revocation imposed. [], FAIRFAX COUNTY, VIRGINIA: Class 1 Misdemeanor charge for Brandishing a Firearm (VA Code 18.2-282) for pointing a handgun at another driver during a road rage incident resulted in no active jail time, no surrender of concealed carry permit, no surrender of weapon, and no fines! . However, this section shall not apply to any person engaged in excusable or justifiable self-defense. (a) If any person carries about his person, hidden from common observation: (i) Any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; (ii) Any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; (iii) Any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or (iv) Any weapon of like kind as those enumerated in this subsection (a); he shall be guilty of a misdemeanor.
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