imported post
Let me sum it up as this is real simple....
Since there was no need to shoot the
unarmedman standing outside your vehicle and he was doing nothing but yelling at you....
YOU WEREBRANDISHING A FIREARM!!!
The charge is the sameeven if you did notactually point it in his direction. The fact that you didn't point it in his direction clearly indicates he was not a threat to you. You pulled it out and displayed it to him as a warning to back off.
I would expect a few members to post that what you did was proper. That happens often here even when the act was illegal. It is either moral support or poor judgement on their part.
You were not being physically attacked and the motorist did not have any visible weapons that could cause you any harm. You were inside the vehicle and had a layer of protection that had not been compromised.
Therefore... this is not a case of "self defence" at all.
§ 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
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,
Inclosing...
You are lucky that the other guy did not draw down and shoot you.
I suspect he would have been justified in shooting YOU for pulling a gun on HIM when all he wanted to do was "yell at you"over your driving. It would be hard to prove he was there to cause you harm. :uhoh:
You clearly understand your error and I am confident that you will know better next time.
But for those here that think it was not brandishing... think again!!
To be honest... I would probably have charged you. You got real lucky.