HB783: Firearms; pointing, holding, or brandishing in presence of a law-enforcement officer, penalty.


HOUSE BILL NO. 783
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on February 12, 2016)
(Patron Prior to Substitute--Delegate Adams)
A BILL to amend and reenact § 18.2-282 of the Code of Virginia, relating to brandishing a firearm; law-enforcement officer; penalty.

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 by pointing, holding, or brandishing any firearm or any air or gas operated weapon or any objected similar in appearance, whether capable of being fired or not, at 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.

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.
Patron-- Adams

Committee Referral Pending

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.