View Single Post
Old May 21, 2009, 04:39 PM   #2
Van55
Senior Member
 
Join Date: February 5, 2008
Posts: 392
It's a state law issue.

In Virginia (where I believe you say you are) the statute reads as follows:

Quote:
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.
The circumstance you describe surely does not satisfy the requirement that you induced fear in the mind of the mother or her child of being shot or injured.

However, one may "brandish" a firearm that is stuck inside his belt, under certain circumstances. Here's what the Supreme Court of Virginia wrote in a 2005 case:

Quote:
“Brandish” means “to exhibit or expose in an ostentatious, shameless, or aggressive manner.” Webster's Third New International Dictionary, 268 (1993). When Morris looked at Ms. Molina, said “[he'd] like that,” and then pulled up his shirt to uncover the flare gun, he exhibited or exposed the weapon in a shameless or aggressive manner. And Morris brandished the weapon in such a manner as to reasonably induce fear in the mind of Peter Molina. Although Molina may not have said he was in fear for his own safety, he stated unequivocally that he feared for the safety of his wife, and that is sufficient to prove the “induced fear” element of a conviction for brandishing a firearm
Since open carry is lawful in Virginia merely exposing a concealed weapon accidentally is surely not brandishing within the meaning of the law.
Van55 is offline  
 
Page generated in 0.04845 seconds with 7 queries