Obligated to notify..

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ProShooter wrote:

Not true. You can brandish a gun that you never touch or remove from the holster, or even say the word gun.

Click to expand...

This is the brandish law in Virginia:

§ 18.2-282. 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, § 18.1-69.2; 1968, c. 513; 1975, cc. 14, 15; 1990, cc. 588, 599; 1992, c. 735; 2003, c. 976; 2005, c. 928.)



And the legal definition of brandish is:

1 :to shake or wave (as a weapon) menacingly

2 :to exhibit in an ostentatious or aggressive manner

Ostentatious is defined as:

marked by or fond of conspicuous or vainglorious and sometimes pretentious display

With all these fancy words, who the hell really knows what BRANDISH means? :lol:

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I'm often asked about this subject in our classes and I use this example.

I say to you, "hey I want that money that you owe me".

Then, I glance down at my gun on my side long enough to assume that your eyes are now drawn to it as well.

I look up to see that you are staring at my gun.

I ask for my money again.

Now, the impression that you get is that if I dont get my money, you are going to meet the business end of my gun - that's brandishing.

A classic example used in movies is someone opening their jacket and pulling one side away from their body, exposing their firearm in order to get someone to do something........that's brandishing as well.

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Okay, folks. The term brandishing has no LEGAL definition in VA. It is commonly used in conjunction with weapons and assault laws, and is commonly understood to refer to any other overt act that has not already been specifically stated.

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Whenever a judge in Virginia convicts somebody of brandishing a firearm, I am sure he has some sort of legal definition running through his head. I agree with the other poster to a certain degree. If you walk ina bank, pull back your coat to expose a large caliber firearm to a teller, and tell her to put all the money ina bag, you have brandished a firearm. It has certainly induced fear in the teller's mind. But even so, in this particular scenario the bank robber has much more seriouscharges to worry about than brandishing a firearm.