Virginia criminal charge
Willfully discharging firearms in public places in Virginia
Willfully discharging firearms in public places is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-280. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-280.
What is the penalty for willfully discharging firearms in public places in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 5 years (Discharging firearm in public place resulting in bodily injury — Willful discharge of a firearm in a street in a city or town, or in a place of public business or public gathering, that results in bodily injury to another person.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Discharging firearm in public place resulting in bodily injury — Willful discharge of a firearm in a street in a city or town, or in a place of public business or public gathering, that results in bodily injury to another person.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | up to 12 months (Discharging firearm in public place without bodily injury — Willful discharge of a firearm in a street in a city or town, or in a place of public business or public gathering, that does not result in bodily injury to another person.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Discharging firearm in public place without bodily injury — Willful discharge of a firearm in a street in a city or town, or in a place of public business or public gathering, that does not result in bodily injury to another person.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 2 years to 10 years (Discharging firearm on school grounds — Willful discharge of a firearm upon the buildings and grounds of any public, private, or religious elementary, middle, or high school, unless engaged in a school-sponsored or school-permitted program or curriculum.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Discharging firearm on school grounds — Willful discharge of a firearm upon the buildings and grounds of any public, private, or religious elementary, middle, or high school, unless engaged in a school-sponsored or school-permitted program or curriculum.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 2 years to 10 years (Discharging firearm within 1,000 feet of school property — Willful discharge of a firearm upon public property within 1,000 feet of the property line of any public, private, or religious elementary, middle, or high school, unless engaged in lawful hunting.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Discharging firearm within 1,000 feet of school property — Willful discharge of a firearm upon public property within 1,000 feet of the property line of any public, private, or religious elementary, middle, or high school, unless engaged in lawful hunting.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is willfully discharging firearms in public places classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Discharging firearm in public place resulting in bodily injury | Class 6 Felony | Willful discharge of a firearm in a street in a city or town, or in a place of public business or public gathering, that results in bodily injury to another person. | Va. Code Ann. § 18.2-280A |
| Discharging firearm in public place without bodily injury | Class 1 Misdemeanor | Willful discharge of a firearm in a street in a city or town, or in a place of public business or public gathering, that does not result in bodily injury to another person. | Va. Code Ann. § 18.2-280A |
| Discharging firearm on school grounds | Class 4 Felony | Willful discharge of a firearm upon the buildings and grounds of any public, private, or religious elementary, middle, or high school, unless engaged in a school-sponsored or school-permitted program or curriculum. | Va. Code Ann. § 18.2-280B |
| Discharging firearm within 1,000 feet of school property | Class 4 Felony | Willful discharge of a firearm upon public property within 1,000 feet of the property line of any public, private, or religious elementary, middle, or high school, unless engaged in lawful hunting. | Va. Code Ann. § 18.2-280C |
Common questions about willfully discharging firearms in public places in Virginia
Is willfully discharging firearms in public places a felony or a misdemeanor in Virginia?
It depends on the circumstances: willfully discharging firearms in public places ranges from a class 1 misdemeanor to a class 4 felony in Virginia under Va. Code Ann. § 18.2-280.
Discharging firearm in public place resulting in bodily injury: class 6 felony (Va. Code Ann. § 18.2-280A) · Discharging firearm in public place without bodily injury: class 1 misdemeanor (Va. Code Ann. § 18.2-280A) · Discharging firearm on school grounds: class 4 felony (Va. Code Ann. § 18.2-280B) · Discharging firearm within 1,000 feet of school property: class 4 felony (Va. Code Ann. § 18.2-280C)
What are the penalties for willfully discharging firearms in public places in Virginia?
Which Virginia statute covers willfully discharging firearms in public places?
Willfully discharging firearms in public places is governed by Va. Code Ann. § 18.2-280 (Willfully discharging firearms in public places).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.