§ 38-5. Pointing or brandishing firearm or object similar in appearance.

(a)

It shall be unlawful and a Class 1 misdemeanor for any person to point or brandish any firearm or any object similar in appearance to a firearm, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another, or hold a firearm 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 be applicable to any person engaged in justified or excusable self-defense.

(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 a firearm or object which was similar in appearance to a firearm, with intent to induce fear in the mind of another.

(c)

For purposes of this section, the word "firearm" shall mean any weapon in which ammunition may be used or discharged by explosion or pneumatic pressure. The word "ammunition," as used herein, shall mean cartridge, pellet, ball, missile or projectile adapted for use in the firearm.

(Code 1965, § 38-7; Ord. No. 1994, 8-7-90)

State Law reference— Similar provisions, Code of Virginia, § 18.2-282.

(Code 1965, § 38-7; Ord. No. 1994, 8-7-90)

State law reference

Similar provisions, Code of Virginia, § 18.2-282.