In the unfortunate case that someone dies as a result of the unlawful, non-malicious shooting, the individual is guilty of involuntary manslaughter– a Class 5 felony (again, see Homicide page). In such a case, the individual faces a felony conviction with one to five years in prison, or, at the discretion of a jury or the court trying the case, reduced penalties of up to 12 months in jail and/or a fine of up to $2,500.
If an individual discharges a firearm without malice, or, the intent to harm another, then the individual is guilty of a Class 6 felony. If, on the other hand, the malicious shooting was part of a deliberate and premeditated homicide, then the individual is guilty of murder in the first degree, or if other specific conditions are met, capital murder (see Homicide page). Moreover, if the individual’s malicious shooting causes the death of any person, the individual is guilty of murder in the second degree. In such a case, the individual faces the penalties of a felony conviction with two to 10 years in prison and a possible fine of up to $100,000.
If an individual discharged a firearm maliciously, or, with the intent to do harm, then the offense is a Class 4 felony. Yet, the circumstances surrounding the discharge of the weapon and where the weapon was discharged determine the penalty for the offense. Discharging Weapon Inside or At a Building ( Section 18.2-279)Īn individual is guilty of this felony if (1) the individual discharges a firearm inside or at a building (2) that is occupied by at least one person (3) so as to endanger the life and health of the person(s) inside. However, laws that apply to prohibited or categorically regulated weapons are covered in the Prohibited or Categorically Regulated Weapons section below. Generally, it is unlawful to discharge a firearm in public spaces and inside buildings, with specific provisions for situations where individuals discharge weapons across roads or from a vehicle. There are a number of laws that specify under what circumstances shooting guns is unlawful. For more information on how a Virginia gun lawyer can help, please visit this page. Almost every one of these sections does not apply to law enforcement officers while performing their official duties, nor to individuals acting in excusable and justifiable self-defense. There are provisions that cover shooting guns unlawfully (e.g., Section 18.2-279), reckless handling of weapons (e.g., Section 18.2-282), carrying guns in prohibited areas (e.g., airports, courthouses, etc.), prohibited or specially regulated weapons and ammunition (e.g., machine guns and sawed-off shotguns), concealed weapons and concealed carry permits (e.g., Section 18.2-308), people prohibited from owning guns (e.g., unlawful residents, felons), and provisions covering guns in drug-related crimes (e.g., Section 18.2-308.4).
#CODE OF VA WEAPONS ON SCHOOL PROPERTY CODE#
The Virginia Code largely handles gun-related offenses in Section 18.2-279 through Section 18.2-311, under Title 18.2 (Criminal Offenses Generally), Chapter 7 (Crimes Involving Health and Safety). The Commonwealth of Virginia has a large number of laws meant to balance the interests of protecting citizens’ constitutional right to bear arms and the public interest in preventing gun violence.
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