Virginia criminal charge
Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance in Virginia
Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-282. 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. § 18.2-282.
What is the penalty for pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (Pointing, holding, or brandishing firearm/weapon - general — A person points, holds, or brandishes a firearm, air or gas operated weapon, or similar object so as to reasonably induce fear in another, occurring outside of school property or the 1,000 foot zone.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Pointing, holding, or brandishing firearm/weapon - general — A person points, holds, or brandishes a firearm, air or gas operated weapon, or similar object so as to reasonably induce fear in another, occurring outside of school property or the 1,000 foot zone.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 5 years (Pointing, holding, or brandishing firearm/weapon - on or near school property — The violation occurs upon any public, private, or religious elementary, middle, or high school property or buildings/grounds, or upon public property within 1,000 feet of such school property.; 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 (Pointing, holding, or brandishing firearm/weapon - on or near school property — The violation occurs upon any public, private, or religious elementary, middle, or high school property or buildings/grounds, or upon public property within 1,000 feet of such school property.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Pointing, holding, or brandishing firearm/weapon - general | Class 1 Misdemeanor | A person points, holds, or brandishes a firearm, air or gas operated weapon, or similar object so as to reasonably induce fear in another, occurring outside of school property or the 1,000 foot zone. | Va. Code Ann. § 18.2-282A |
| Pointing, holding, or brandishing firearm/weapon - on or near school property | Class 6 Felony | The violation occurs upon any public, private, or religious elementary, middle, or high school property or buildings/grounds, or upon public property within 1,000 feet of such school property. | Va. Code Ann. § 18.2-282A |
Common questions about pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance in Virginia
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)
What are the penalties for pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance in Virginia?
Penalties for pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance in Virginia depend on how it is classified — from a class 1 misdemeanor up to a class 6 felony — with the ranges set by Va. Code Ann. § 18.2-11 and Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.
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).
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.