16100962D
HOUSE BILL NO. 783
Offered January 13, 2016
Prefiled January 12, 2016
A BILL to amend and reenact §18.2-282 of the Code of
Virginia, relating to brandishing a firearm; law-enforcement officer; penalty.
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Patron-- Adams
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Committee Referral Pending
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Be it enacted by the General Assembly of Virginia:
1. That §18.2-282 of the Code of Virginia is amended and
reenacted as follows:
§18.2-282. Pointing, holding, or brandishing firearm, air or
gas operated weapon or object similar in appearance; penalty.
A. It shall be is 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 A
person violating the provisions of this section shall be is
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 such person is guilty of a
Class 6 felony.
B. If a
person violates subsection A in the presence of
another person knowing or
having reason to know
that such other person is a law-enforcement
officer as defined in §9.1-101, the sentence of such person upon conviction
shall include a mandatory minimum term of confinement of six months.
C.
Any police
law-enforcement 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. D. 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.
2. That the provisions of this act may result in a net
increase in periods of imprisonment or commitment. Pursuant to §30-19.1:4, the
estimated amount of the necessary appropriation is $0 for periods of
imprisonment in state adult correctional facilities and cannot be determined
for periods of commitment to the custody of the Department of Juvenile Justice.
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