Two recent appellate decisions have quoted dictionary definitions for the word, "brandish", and I think that's all hogwash, however it is precedent and has effectively changed the law. I think that's the failure of some attorney to properly lead the Court into the correct method of figuring out what the words mean, because of a couple of rules for interpretation of statutes:
1) The legislature is presumed to be competent to write statutes and the words mean what the legislature wrote - one does not look to sources external to a statute to figure out what the words mean (which is why legislative history is not taken into consideration).
2) "Noscitur a sociis" means that when a list of terms is used, such as "point, hold, or brandish", then the specific terms control the general, such that the word, "brandish" means "to brandish in a way that means essentially the same thing as "point" or "hold".
3) "Ejusdem generis" means that when a particular class of terms is enumerated in a statute and general words follow, the general words are restricted in their meaning to a sense analogous to the less general, more particular words.
I think the Court was just plain wrong in Morris v. Commonwealth, 269 Va. 127 (2005). It is, however, precedent and is likely to be followed.
Furthermore, the phrase, "to induce fear in the mind of another" doesn't mean what it says, it really means, "to create the apprehension of an immediate battery", according to the Court. Whether a person is brave or timid is irrelant, and the internal emotional response doesn't matter. Armstrong v. Commonwealth, 263 Va. 573 (2002); Huffman v. Commonwealth, 51 Va.App. 469 (2008).
My suggestion is to keep in mind that the law basically gives "just plain folks" a binary choice: you're either in the position where it is necessary and proper to kill another person, or you are not. If you are not, keep your hands off the gun, don't think about the gun, don't make any reference to the gun in any way, and forget about it. If, as, and when it may become necessary to take human life, find cover (or at least concealment), aim carefully, and shoot intentionally and well. Keep in mind that if, between drawing the gun and pulling the trigger, you've made a mistake, you can always stop the process and put the gun away.
Above all, know when that situation is appropriate. Stopping a serious felony (rape, robbery, murder, burglary, or arson) in progress, and self-defense/defense of others are the main things you need to know ("If you have a reasonably held, good faith belief, based on objective fact, that you or another innocent third party is faced with the imminent threat of serious bodily injury, then the use of such force as may be necessary up to and including deadly force, is excusable.") I suggest that if you carry a gun, you should memorize that definition and repeat it back to yourself frequently, meditating on each word, as you might do with a religious text.
Remember, "I was in fear for my life", is not an excuse or justification, because your internal emotional state is irrelevant.
