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Virginia statute

Va. Code Ann. § 18.2-282 — Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty

Current through 2026 Regular Session

Part of Article 4: Dangerous Use of Firearms or Other Weapons, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-282

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 18.2-282Primary source, current through the 2026 Regular Session
A. It shall be 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 violating the provisions of this section shall be 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 guilty of a Class 6 felony. B. Any police 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. 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.

Official sources

Legal terms used in this section

Questions this section answers

Is pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance a felony or a misdemeanor in Virginia?

It depends on the circumstances: pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-282.

Pointing, holding, or brandishing firearm/weapon - general: class 1 misdemeanor (Va. Code Ann. § 18.2-282A) · Pointing, holding, or brandishing firearm/weapon - on or near school property: class 6 felony (Va. Code Ann. § 18.2-282A)

Which Virginia statute covers pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance?

Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance is governed by Va. Code Ann. § 18.2-282 (Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty).

This reference is informational and is not legal advice.