Veteran Convicted for ‘Brandishing’ a BB Gun, Challenges Law
May 16, 2019 4:28:01 GMT -5
Post by avordvet on May 16, 2019 4:28:01 GMT -5
Veteran Convicted for ‘Brandishing’ a BB Gun, Now Challenges the Law
By Alex Madajian, May 15, 2019
(CNSNews.com) — After a man in Fredericksburg, Va., was arrested and convicted of “brandishing” a BB gun – holding it stock-down by his leg, in public -- an attorney filed a lawsuit against the police and the Commonwealth of Virginia to overturn existing and apparently vague state law on the “brandishing” of firearms.
Virginia is an “open carry” state, which means citizens 18 and older may carry loaded handguns or rifles in public provided the handgun does not hold more than 20 rounds of ammunition and, for a shotgun or rifle, no more than seven rounds.
However, there also is a law that says you may not walk around pointing a gun at someone, holding it, displaying it, or even looking at it in such a manner that it induces fear in someone. As explained by defense attorney Rebecca Wade, “Brandishing a firearm is to hold or point a gun in a manner that would reasonably induce fear in another.”
“So while you are allowed to be outside in the open with a gun, you can’t just walk up and point a gun at someone,” she said. “That would clearly be brandishing a firearm.”
On Jan. 3, 2019, in Fredericksburg, Jon Wolff -- a U.S. veteran -- heard noise on his neighbor’s property. Because there had been incidents of illegal parking on that property, Wolff “went out into his own backyard to find out what all the noise was about,” according to the his attorney's press release.
The press release explains when Wolff confronted two people on the property, he was “holding a B.B. gun down by his leg, upside down with the trigger hanging down near the ground. He then leaned the gun up against his own fence.” During the encounter, a woman screamed, “He’s got a gun!”
www.cnsnews.com/news/article/alex-madajian/veteran-convicted-brandishing-bb-gun-now-challenges-law
By Alex Madajian, May 15, 2019
(CNSNews.com) — After a man in Fredericksburg, Va., was arrested and convicted of “brandishing” a BB gun – holding it stock-down by his leg, in public -- an attorney filed a lawsuit against the police and the Commonwealth of Virginia to overturn existing and apparently vague state law on the “brandishing” of firearms.
Virginia is an “open carry” state, which means citizens 18 and older may carry loaded handguns or rifles in public provided the handgun does not hold more than 20 rounds of ammunition and, for a shotgun or rifle, no more than seven rounds.
However, there also is a law that says you may not walk around pointing a gun at someone, holding it, displaying it, or even looking at it in such a manner that it induces fear in someone. As explained by defense attorney Rebecca Wade, “Brandishing a firearm is to hold or point a gun in a manner that would reasonably induce fear in another.”
“So while you are allowed to be outside in the open with a gun, you can’t just walk up and point a gun at someone,” she said. “That would clearly be brandishing a firearm.”
On Jan. 3, 2019, in Fredericksburg, Jon Wolff -- a U.S. veteran -- heard noise on his neighbor’s property. Because there had been incidents of illegal parking on that property, Wolff “went out into his own backyard to find out what all the noise was about,” according to the his attorney's press release.
The press release explains when Wolff confronted two people on the property, he was “holding a B.B. gun down by his leg, upside down with the trigger hanging down near the ground. He then leaned the gun up against his own fence.” During the encounter, a woman screamed, “He’s got a gun!”
www.cnsnews.com/news/article/alex-madajian/veteran-convicted-brandishing-bb-gun-now-challenges-law