I was strolling through our municipal ordinances sticky thread and started pondering something that I noticed with regard to a Virginia Beach ordinance regarding brandishing vs. the Code of Virginia. I noted some minor differences between the two (cited in part below to make reading easier, full cite at bottom) which got me to thinking about what that difference might mean.
Q1: Virginia Beach ordinance seems to eliminate from the act of brandishing holding a firearm and simply inducing fear?
Q2: Justified vs. Justifiable? I can't find a definition of either of those terms in VA Code, or in several law dictionaries, but a basic dictionary definition came up with Justified means "it has been thought about and given reason" and Justifiable means "that it is possible to find a good reason for action." Which although, subtle, seems to indicate a difference between the two terms (i.e., "is it justified?" or "is this justifiable?") in that with "justified" you came up with a reason, and with "justifiable" it needs to be only possible to come up with a good reason? Meaning that Virginia Beach's ordinance would require providing the specific reason while the Commonwealth of Virginia only requires that you could possibly come up with a reason?
Q3: Conflicting definition of a "weapon"? Virginia Beach includes "pneumatic pressure" while Code of Virginia doesn't provide for that inclusion?
Q1: Virginia Beach ordinance seems to eliminate from the act of brandishing holding a firearm and simply inducing fear?
- Virginia Beach: "Point or brandish" -- "as to reasonably induce fear in the mind of another; OR hold -- "reasonably induce fear in the mind of another of being shot or injured"
- Virginia: "Point, hold or brandish" -- "as to reasonably induce fear in the mind of another" OR "hold...in such a manner as to reasonably induce fear in the mind of another of being shot or injured."
Q2: Justified vs. Justifiable? I can't find a definition of either of those terms in VA Code, or in several law dictionaries, but a basic dictionary definition came up with Justified means "it has been thought about and given reason" and Justifiable means "that it is possible to find a good reason for action." Which although, subtle, seems to indicate a difference between the two terms (i.e., "is it justified?" or "is this justifiable?") in that with "justified" you came up with a reason, and with "justifiable" it needs to be only possible to come up with a good reason? Meaning that Virginia Beach's ordinance would require providing the specific reason while the Commonwealth of Virginia only requires that you could possibly come up with a reason?
- Virginia Beach: Does not apply to "any person engaged in justified or excusable self-defense."
- Virginia: Does not apply to "any person engaged in excusable or justifiable self-defense."
Q3: Conflicting definition of a "weapon"? Virginia Beach includes "pneumatic pressure" while Code of Virginia doesn't provide for that inclusion?
- Virginia Beach: "...ammunition may be used or discharged by explosion or pneumatic pressure."
- Virginia: "...by the action of an explosion of a combustible material."
Virginia Beach Municipal Code Sec. 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)
Virginia Code § 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 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.
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, c. 976; 2005, c. 928.)