16100962D 
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.
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Patron-- Adams
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Committee Referral Pending
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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. 
 
 
 
 
 
  
 
 
 
 
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