2006 Code of Virginia § 18.2-282 - Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearan...

18.2-282. Pointing, holding, or brandishing firearm, air or gas operatedweapon or object similar in appearance; penalty.

A. It shall be unlawful for any person to point, hold or brandish any firearmor 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 inducefear in the mind of another or hold a firearm or any air or gas operatedweapon in a public place in such a manner as to reasonably induce fear in themind of another of being shot or injured. However, this section shall notapply to any person engaged in excusable or justifiable self-defense. Personsviolating the provisions of this section shall be guilty of a Class 1misdemeanor or, if the violation occurs upon any public, private or religiouselementary, middle or high school, including buildings and grounds or uponpublic property within 1,000 feet of such school property, he shall be guiltyof a Class 6 felony.

B. Any police officer in the performance of his duty, in making an arrestunder the provisions of this section, shall not be civilly liable in damagesfor injuries or death resulting to the person being arrested if he had reasonto believe that the person being arrested was pointing, holding, orbrandishing such firearm or air or gas operated weapon, or object that wassimilar in appearance, with intent to induce fear in the mind of another.

C. For purposes of this section, the word "firearm" means any weapon thatwill or is designed to or may readily be converted to expel single ormultiple 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.)

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