reckless handling of a firearm va code

Va Law 18.2-282. Weapons; carrying concealed prohibited. (c) For purposes of this section, the term firearm means any weapon in which ammunition may be used or discharged, by explosion, or pneumatic pressure. When the seizing agency ceases to so use the weapon, it shall be disposed of as otherwise provided in this section. We reverse appellant's conviction for reckless handling of a firearm. The clerk of the court shall notify the Department of Game and Inland Fisheries as is provided in subsection C herein. By that definition, he argues, the evidence is insufficient to prove that he recklessly handled such a firearm.. Va Code 18.2-285 criminalizes hunting with firearms while under influence of an intoxicant or narcotic drug. Please try again. A1. Read Section 18.2-56.1 - Reckless handling of firearms; reckless handling while hunting, Va. Code 18.2-56.1, see flags on bad law, and search Casetext's comprehensive legal database All State & Fed. provide legal advice. D. If any person whose license to hunt and trap, or whose privilege to hunt and trap while in possession of a firearm, has been revoked pursuant to this section, thereafter hunts or traps while in possession of a firearm, he shall be guilty of a Class 1 misdemeanor, and, in addition to any penalty imposed by the jury or the court trying the case without a jury, the trial judge may revoke such persons hunting or trapping license and privileges to hunt or trap while in possession of a firearm for a period of one year to life. 702, 708, 467 S.E.2d 294, 297 (1996) (quoting Pugliese v. Commonwealth, 16 Va.App. If the violation is committed while hunting or trapping, the civil penalty of license revocation may also be imposed. There are many other purchasing offenses listed below in the selected Virginia code sections. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty. Upon receipt by the Central Criminal Records Exchange of a record of the arrest, conviction, or occurrence of any other event that would disqualify a person from obtaining a concealed handgun permit under 18.2-308.09, the Central Criminal Records Exchange shall notify the court having issued the permit of such disqualifying arrest, conviction, or other event. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Reckless handling of firearms; reckless handling while hunting. If any person is found guilty of violating (i) any of the provisions of the hunting, trapping, or inland fish laws, any provisions of 15.2-915.2, 15.2-1209.1, 18.2-131 through 18.2-136 and 18.2-285 through 18.2-286.1, or any regulations adopted by the Board pursuant thereto, a second time within three years of a previous conviction of violating any such law or regulation, or (ii) any provisions of law or ordinance governing the dumping of refuse, trash or other litter, while engaged in hunting, trapping or fishing, such license and privileges shall be revoked by the court trying the case and that person shall not apply for a new license or exercise such privileges until 12 months succeeding the date of conviction. In Virginia, it is illegal to handle recklessly any firearm in such a way that endangers the life, limb, or property of another person. This prohibited discharge of firearms shall not apply to the killing of deer pursuant to Code of Virginia, 29.1-529 on land of at least five acres that is zoned for agricultural use. Arlington County: 17-5. endobj 18.2-56.1. A. The court granted the motion with regard to Code 18.2308.2 but denied it for the charge under Code 18.256.1(A), and convicted appellant .1. Unlawfully discharging a gun; Reckless weapon handling; Carrying a gun within a prohibited area; Concealing a weapon; Owning a gun even when prohibited; We'll examine each of these laws to guide you in your gun charges defense strategy. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty. A person who consumes alcoholic beverages in a restaurant or club whileconcealed carrying a handgun, can be found guilty of a Class 2 misdemeanor, which is punishable by up to 6 months in jail. B. B. Get free summaries of new opinions delivered to your inbox! Any person violating this section shall be guilty of a Class 1 misdemeanor. B. Client was able to keep his concealed carry permit. Va Code 18.2-308.1: School property. Any person who handles any firearm in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of . Virginia Code Section 18.2-279 outlines the laws surrounding unlawfully . Click below to generate an email in your email client. The Department shall keep a list which shall be furnished upon request to any law-enforcement officer, the attorney for the Commonwealth or court in this Commonwealth, and such list shall contain the names and addresses of all persons whose license or privilege to hunt or trap while in possession of a firearm has been revoked and the court which took such action. Lee went outside and called out for the money. A. A. The Department shall keep a list which shall be furnished upon request to any law-enforcement officer, the attorney for the Commonwealth or court in this Commonwealth, and such list shall contain the names and addresses of all persons whose license or privilege to hunt or trap while in possession of a firearm has been revoked and the court which took such action. Information by, in, to or through this Web site and your receiptoruse of it (1) isnotprovided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) isnotintended to convey or constitute legal advice, and (4) isnota substitute for obtaining legal advice from a qualified attorney. the reckless handling of a firearm), Va. Code 18.2-280 (2005) (making it illegal to hunt with a firearm while in-toxicated). Previous 18.2-55.1 Hazing of youth gang members unlawful; criminal liability; Next 18.2-56.1 Reckless handling of firearms; reckless handling while hunting; 18.2 Crimes And Offenses Generally; 4 Crimes Against The Person; 4 Assaults And Bodily Woundings 18.2-56 Hazing unlawful; civil and criminal liability; . You already receive all suggested Justia Opinion Summary Newsletters. ZyjeQ[S.rl["Igm~ W~c"Elx Hunting while intoxicated is punished the same as driving while intoxicated. The Department shall keep a list which shall be furnished upon request to any law-enforcement officer, the attorney for the Commonwealth or court in this Commonwealth, and such list shall contain the names and addresses of all persons whose license or privilege to hunt or trap while in possession of a firearm has been revoked and the court which took such action. Code 18.256.1(A) prohibits the reckless handling of a firearm so as to endanger the life, limb or property of any person. The manifest purpose of Code 18.256.1(A) is to prevent actual endangerment, not the mere appearance of endangerment. <> Written by an award-winning criminal defense attorney specializing in state and federal criminal law in the state and federal courts of Northern Virginia and Washington DC. 3. At trial, plaintiff asked for jury instruction on negligence per se. Reckless handling of firearms; reckless handling while hunting. endobj Zequez Deaairo Jones challenges his conviction for reckless handling of a firearm. Booking Date: 2/26/2023. This law appears specifically targeted towards this group. LawServer is for purposes of information only and is no substitute for legal advice. Any person who hunts wildlife with a firearm, bow and arrow, or crossbow in the Commonwealth of Virginia while he is under the influence of alcohol, any narcotic drug, or any intoxicant or drug of whatsoever nature to a degree that impairs his ability to hunt safely can face up to a year in jail and a $2,500 fine if found guilty of this class 1 misdemeanor charge. If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such persons hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. -HD&*bX0K this Section, Title 18.2 - Crimes and Offenses Generally. 19.2-386.29. Any person who willfully discharges or causes to be discharged any firearm in the city shall be guilty of a class 1 misdemeanor; provided that this section shall not apply to any law enforcement officer in the performance of his official duties, or to any other person whose said willful act is otherwise justifiable or excusable at law in the protection of his life or property or is otherwise specifically authorized by law. Whether the prosecution must prove that a firearm in a prosecution under Code 18.256.1(A) must be operable or capable of being fired will depend on the facts of each case. Reckless handling of firearms; reckless handling while hunting on Westlaw. City of Fairfax: Sec. Code 18.256.1(A) provides that [i]t shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. The statute does not define the term firearm. Questions of statutory interpretation are reviewed de novo. Sarafin v. Commonwealth, 288 Va. 320, 325, 764 S.E.2d 71, 74 (2014). It shall be unlawful for any person to handle recklessly any firearm so as to endanger the. Any person who handles any firearm in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony. Reckless handling of firearms; reckless handling while hunting. Shooter pleaded guilty to that charge. Lee recognized appellant because he was one of the store's regular customers. (f) It shall be unlawful for any person to discharge any firearm from or across any highway, sidewalk or any public land except on a properly constructed target range. Federal law does not distinguish between violent and nonviolent felony offenses. If youre reading this for anything important, you should double-check its This field is for validation purposes and should be left unchanged. at 583, 562 S.E.2d at 144. Any person violating this section shall be guilty of a Class 1 misdemeanor. The client was a young student with no criminal record. A class 1 misdemeanor has a maximum penalty of 1 year in jail and a $2500 fine. 29.1-338. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. Lee could not see if any of the other men were carrying guns. Contact us. Vienna Sec. Code 18.2-56.1 (A) prohibits the reckless handling of a firearm "so as to endanger the life, limb or property of any person." The manifest purpose of Code 18.2-56.1 (A) is to prevent actual endangerment, not the mere appearance of endangerment. Va Code 18.2-287.01: Carrying weapon in air carrier airport terminal. (a) If any person carries about his person, hidden from common observation: (i) Any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; (ii) Any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; (iii) Any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or (iv) Any weapon of like kind as those enumerated in this subsection (a); he shall be guilty of a misdemeanor. Click to read more! Additionally, these violations may carry a loss or suspension of hunting license privileges altogether or for a period of a few years, and repayment to the government for a replacement for an animal killed. The client was charged with Threat to Bomb or Burn(18.2-83) and Profane Language over the Telephone (18.2-427). In 2009, the Supreme Court of Virginia decided in the case of Thompson v. Commonwealth that it is insufficient as a matter of law to establish beyond a reasonable doubt that the butterfly knife at issue is of like kind to a dirk or any other weapon enumerated in Code 18.2-308(A). If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such person's hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. (b) It shall be unlawful for any person to hunt with a firearm any bird or game animal on or within 100 yards from any primary or secondary highway. Any person permitted to carry a concealed handgun who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place can be found guilty of a Class 1 misdemeanor under Va. Code 18.2-308.012. Charges: Charge Code . Appellant was charged with reckless handling of a firearm under Code 18.256.1(A) and with possession of a firearm as a convicted felon under Code 18.2308.2. x=r8?Q o5]r'e$[SyP,%%o %i*+ ;2O.K_z6~y'WrR/u6V''Wg~ H$Xj-? Clients weapons were returned to him and he was able to keep his hunting license. %PDF-1.5 If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such persons hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. Courthouse: United States District Court Eastern [], CRIMINAL DEFENSE ATTORNEY CASE RESULT IN ARLINGTON VIRGINIA: Class 1 Misdemeanor Carrying a Concealed Weapon Brass Knuckles (VA Code 18.2-308 metal knucks) was DROPPED at the first appearance. A person who sells a firearm to another person in Virginia without obtaining the required background check can be charged with a Class 1 misdemeanor offense. Although Code 18.2308.2, prohibiting the possession of a firearm by a convicted felon, and Code 18.253.1, forbidding the use of a firearm during the commission of a felony, each use the word firearm, caselaw has defined the word differently for each statute. 82, 96, 428 S.E.2d 16, 26 (1993)). A1. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. [], Virginia Law Explained: Brandishing Firearm, Va Law 18.2-282 Under Virginia law 18.2-282, it is a class 1 misdemeanor criminal offense topoint, hold or brandish a firearmin such manner as to reasonably induce fear in the mind of another. Email is the fastest way to reach us. ), An assault is any attempt or offer with force or violence to do a corporeal hurt to another, whether from malice or wantonness, as by striking at him in a threatening or insulting manner, or with such other circumstances as denote at the time an intention, coupled with a present ability, of actual violence against his person, as by pointing a weapon at him when he is within reach of it.. Reckless Handling of Firearms (Section 18.2-56.1) Any individual who (1) recklessly handles a firearm and thus (2) puts another person's health or person's property in danger is guilty of a Class 1 misdemeanor. B. Any person violatingthis section shall be guilty of a Class 1 misdemeanor. Many Virginia gun owners do not hold a concealed carry permit because they feel telling the government they own a gun it is a violation of their privacy, and they do not wish to be added to a government-held list of firearm owners. Read more about Virginia firearm laws here: Virginia Firearm & Weapon Charges and Hunting Laws: Defense Lawyers Explanation of Brandishing, Reckless Handling of a Firearm, and [], ALEXANDRIA, VIRGINIA Criminal Defense Attorney Case Result: A Class 1 misdemeanor charge for Carrying Firearm While Intoxicated (Va Law 18.2-308.012) was avoided with plea to related driving under the influence charge and minimum penalties under the law for the offense. Richmond, VA 23294. (5) Discharge of any firearm in an entirely indoor target range, provided that adequate provisions are made to retain within the structure all projectiles discharged. (a) It shall be unlawful for any person to point, or brandish any firearm, as hereinafter described, 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. The laws are owned by the z$Q 8QHlOe9yc`47032!s'i;}aY Thus, in jury trials, as opposed to bench trials, the fact that verdicts may, on their face, arguably appear inconsistent does not provide a basis to reverse either conviction on appeal, provided the evidence is sufficient to support each verdict. Tyler v. Commonwealth, 21 Va.App. 18.2-282. (6) Discharge of any firearm for the purpose of protecting any person from death or great bodily harm. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. A violation of this Subsection shall be punishable as a Class 4 misdemeanor. A good attorney can argue to the judge the one definition of reckless should be accepted over another, but as an initial . Home Criminal Defense Reckless Handling of a Firearm: Va. Code 18.2-56.1. A. Any person violating this section shall be guilty of a Class 1 misdemeanor. B. Click to review Virginia's new gun control laws. Brandishing is a type of assault by showing of a firearm. The clerk of the court shall notify the Department of Game and Inland Fisheries as is provided in subsection C herein. Download . The reckless handling must endanger person or property in order to qualify as a crime. The clerk of the court shall notify the Department of Game and Inland Fisheries as is provided in subsection C herein. )Og'e7NcR7` Testimonials & Reviews: Our Clients Words. is an antique or fake firearm), emphasize that fact in charging document, written plea agreement, transcript of Further, VA Code Ann. A. The Second Amendment provides that: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. This is part of our Constitution, our basic guiding principles. He did not see a gun fire. It shall be unlawful to discharge a projectile from any of theaforementioned bows within one hundred (100) yards of any public road, public building or structure, privateresidence or structure, or property of another. . (b) This section shall not apply to persons who are exempt from Code of Virginia, 18.2-308(A). If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such persons hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. All of the lawyers at the firm are gun owners, , Copyright 2023 | Jurach, Tacey & Quitiquit PLC. A Virginia court has ruled that a deadly weapon may not be brandished solely in defense of personal property. C. Upon a revocation pursuant to subsection B hereof, the clerk of the court in which the case is tried pursuant to this section shall forthwith send to the Department of Game and Inland Fisheries (i) such persons revoked hunting or trapping license or notice that such persons privilege to hunt or trap while in possession of a firearm has been revoked and (ii) a notice of the length of revocation imposed. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. Court opinions are provided by CourtListener, which is 18.2-56.1. 3 0 obj Any person violating this section shall be guilty of a Class 1 misdemeanor. [], Virginia law defines a firearm as an instrument which was designed, made and intended to expel a projectile by means of an explosion. This is a Class 1 misdemeanor offense punished by up to a year in jail, a $2,500 fine, and revocation of a [], CRIMINAL DEFENSE ATTORNEY CASE RESULT ALEXANDRIA, VIRGINIA FEDERAL UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA: Federal Class A misdemeanor charge on the GW Parkway for unlawful carry of a concealed firearm and large quantity of additional ammunition (Va Code 18.2-308 incorporated into Federal law by 18 USC [], ALEXANDRIA, VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: VA Code 18.2-32 Murder 1 indictment (penalty of 20 to life) for woman who called the Police and said that she shot and killed her husband was REDUCED to Murder 2 (penalty of 5 to 40 years) after defense attorneys motions to suppress [], ARLINGTON VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Misdemeanor Brandishing Firearm charges resulted in reduction of the charge to Simple Assault and agreed-upon DISMISSAL of the reduced charge after good behavior. Any person violating this section shall be guilty of a Class 1 misdemeanor. That means a judge must make the decision based on what the judge's definition of reckless is. D. If any person whose license to hunt and trap, or whose privilege to hunt and trap while in possession of a firearm, has been revoked pursuant to this section, thereafter hunts or traps while in possession of a firearm, he shall be guilty of a Class 1 misdemeanor, and, in addition to any penalty imposed by the jury or the court trying the case without a jury, the trial judge may revoke such persons hunting or trapping license and privileges to hunt or trap while in possession of a firearm for a period of one year to life. A1. To contact us, pleasecomplete this formand well respond as soon as we are able. Va Law 18.2-282. The Supreme Court explained the legislative intent animating the statute that prohibits the use of a firearm during the commission of a felony: The purpose is [not only] to deter violent criminal conduct but also to discourage criminal conduct that produces fear of physical harm. read 18.2-56.1 on the official Code of Virginia website. Any person violating this section shall be guilty of a Class 1 misdemeanor. A Butterfly knife is not a weapon of like kind enumerated in the code. Anything can become a deadly weapon if it is employed in a particularly vicious and cruel way. A. Hair Color: BROWN. The clerk of the court shall notify the Department of Game and Inland Fisheries as is provided in subsection C herein. 1 0 obj Jf/d}&i{jFx(D^R^9zn|8+;d_rt>~z^S_){cP}Gub0:(,~PO:)}:giC3S_c!^O+JJrdOMw0MJ n- dSR You're all set! A. Related Public Intoxication charge was DROPPED. code section ds hearing type 09:15 am bcs 5 cr21000179-01 porter, richard amon wiggins, kasia firearm: reckless handling m 18.2-56.1 c tryl 09:15 am bcs 5 cj22000019-00 *in re juvenile appeal pro se *in re juvenile appeal civil mot 10:00 am bcs 5 cr22000484-01 williams, kevin carlton freeman rosenberg, michael burglary night to comm felony f 18 . The government will have to prove that the accused(1) pointed or brandished a firearm, and (2) in such a manner as to reasonably induce fear in the mind of the alleged victim. Crimes and Offenses Generally 18.2-56.1. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty. Your Concealed Carry Insurance or Self Defense Insurance May Cover Criminal Defense Attorney Fees. You already receive all suggested Justia Opinion Summary Newsletters. Even a stationary object can be a deadly weapon if the victim is impelled into or against it. However, nothing in this subsection shall apply to a federal, state, or local law-enforcement officer. Virginia's once-a-month rule The law states a person will be found guilty of a Class 1 misdemeanor ifany person, handle recklessly any firearm so as to endanger the life, limb or property of any person. PDF. (a) It shall be unlawful for any person to shoot any firearm in any areas of the County that are so heavily populated as to make such conduct dangerous to the inhabitants thereof, which areas are designated in Appendix J to the Fairfax County Code. C. Upon a revocation pursuant to subsection B hereof, the clerk of the court in which the case is tried pursuant to this section shall forthwith send to the Department of Wildlife Resources (i) such person's revoked hunting or trapping license or notice that such person's privilege to hunt or trap while in possession of a firearm has been revoked and (ii) a notice of the length of revocation imposed. All user-contributed content is owned by its authors. One of the men took an item and walked out without paying for it. Excluded from the 30-day limitation: (i) persons who have been issued a certificate by the Department of State Police under certain circumstances and with an enhanced background check, (ii) law-enforcement agencies and officers, (iii) state and local correctional facilities, (iv) licensed private security companies, (v) persons who hold a valid Virginia concealed handgun permit, (vi) persons whose handgun has been stolen or irretrievably lost or who are trading in a handgun, (vii) purchases of handguns in a private sale, and (viii) purchases of antique firearms. Shooter was charged with violation of Va. Code 18.2-56.1 (a) making it unlawful for any person to handle recklessly any guns so as to endanger life, limb, or property of any person. This site is protected by reCAPTCHA and the Google, There is a newer version of the Code of Virginia, Title 18.2 - Crimes and Offenses Generally. On appeal to Circuit Court, the case was Dismissed after Defense filed 3 motions to dismiss. At approximately 11:02 a.m. on February 28, police were dispatched to the report of trouble unknown. He was charged with RECKLESS HANDLING OF FIREARM 18.2-56.1. 495, 503, 704 S.E.2d 135, 13839 (2011) (citations and quotation marks omitted). 54-172. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor. The trial court denied the second motion to strike without elaboration. of a firearm), Va. Code 18.2-311.1 (1975) (prohibiting the alteration or removal of serial codes on firearms). It shall be unlawful for any person to discharge or shoot off a firearm in the County. 444, 579; 2020, c. 958. Age: 26. <> Reckless handling of firearms; reckless handling while hunting 18.2-56.1(A) Maybe5 6No Most likely not, under 8 U.S.C. (You need to review our explanation of Virginias self-defense law in order to understand this defense. Any person violating this section shall be guilty of a Class 1 misdemeanor. Nothing in this Subsection shall apply to: (i) recreational shooting on gun ranges at any public school operated by or with the approval of that school; (ii) recreational shooting on gun ranges at any public park operated by or with the approval of the owner of the park; (iii) shooting of a starting pistol at an athletic event on any public school grounds or public park and which is conducted with the approval granted by the owner of that school or park property; or (iv) lands within a national or state park or forest, or wildlife management area. Code 18.256.1(A) simply requires that the firearm be handled in a reckless manner so as to endanger the life, limb or property of any person.. He moved to strike the evidence. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. 444, 579. 561, 570, 760 S.E.2d 132, 136 (2014).3. explanation of Virginias self-defense law, Permit Required for Concealed Carry in Virginia, Virginia Department of Game and Inland Fisheries, Virginia Boating While Intoxicated, Recklessly Operating Boat & Watercraft Criminal Offenses, Carrying Concealed handgun while intoxicated, Discharging firearm in public causing injury, Possessing firearm with Drugs Schedule I or II, Reckless handling of firearms; reckless handling while hunting Va. Code 18.2-56.1, Carrying loaded firearms in public areas prohibited Va. Code 18.2-287.4, Discharging firearms or missiles within or at building or dwelling house Va. Code 18.2-279, Possession or transportation of certain firearms by persons under the age of 18 Va. Code 18.2-308.7, Pointing, holding, or brandishing firearm, air or gas-operated weapon or objects Va. Code 18.2-282, Personal protection; carrying concealed weapons without a Permit Va. Code 18.2-308, Receipt of / receiving stolen firearm Va. Code 18.2-108.1, Shooting at or throwing missiles, etc., at a train, car, vessel, etc. Any person who handles any firearm in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony. The court may authorize the seizing law-enforcement agency to use the weapon for a period of time as specified in the order. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. The clerk of the court shall notify the Department of Wildlife Resources as is provided in subsection C herein.

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