LEO 229 wrote:
In Virginia police may not point a handgun at someone unless that person is a clear threat. Police are not exempted from the brandishing law unless somebody else is brandishing a firearm. For example the police officer that threatened Danbus in front of the bank in Norfolk was clearly violating the Commonwealth's brandishing law. No LEO 229 police do not have the authority to point a gun at somebody who is not a threat.
Who decides what a threat is and is not?
Can you show me the law on this?
Training in the academy on a felony traffic stop includes the drawing and pointing of weapons at a car with people inside. There is no way to know if the people inside are even a threat.
So in your way of doing things... the people in the car must actually do something to show they are a threat so the cops must stand there unarmed and wait for the occupants to draw first blood.
? The jury. You might not like that answer, but that is the correct answer. It comes from the Commonwealth's use of justifiable and excusable manslaughter common law.
. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.
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.
(Code 1950, Â§ 18.1-69.2; 1968, c. 513; 1975, cc. 14, 15; 1990, cc. 588, 599; 1992, c. 735; 2003, c. 976; 2005, c. 928.)
Trainng in the Academy
: Wrong again. Felony stop, maybe it is justified, it would depend on the circumstances.
Don't get me wrong LEO 229. There are reasons to draw and point a firearm at somebody, whether you are a police officer or not. But it should not be part of any police officer's training to intentionally violate the law because they think they are above the law. Point your gun at somebody without a justifiable or excusable self defence reason and you have committed a class 1 misdemeanor. If you point the gun at grandma within 1000 feet of a school youhave committed a felony.
P.S. There is a huge difference between drawing a weapon and having it at the ready and pointing it at somebodies head. In my mind one would usually be either excusable or justifiable for a police officer and the other would be a class1 misdemeanor or a felony depending on the proximity of a school.