He argues that the evidence failed to prove that the object in question was a firearm as contemplated by Code 18.256.1. Virginia law forbids any person who is not a licensed firearms dealer to purchase more than one handgun within any thirty-day period. ARLINGTON, VIRGINIA: Class 1 misdemeanor offense of Reckless Handling of a Firearm under VA Code 18.2-56.1 for an accidental discharge in an apartment building was DISMISSED. The clerk of the court shall notify the Department of Wildlife Resources as is provided in subsection C herein. 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. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. Any person violating this section shall be guilty of a Class 1 misdemeanor. The lawyers at Jurach, Tacey, & Quitiquit regularly handle serious criminal charges in criminal Courts around Virginia. He said he was absolutely sure that it was a handgun. Armstrong v. Commonwealth, 263 Va. 573, 582, 562 S.E.2d 139, 144 (2002) (quoting Holloman v. Commonwealth, 221 Va. 196, 198, 269 S.E.2d 356, 358 (1980)). Neither does the Second Amendment explain the nature or reason for the right to bear arms. Firearms may lawfully be discharged in those areas that are exempted in Appendix J to the Fairfax County Code so long as the firearms are discharged on a Parcel of Land that is posted with signs giving reasonable notice that firearms are in use on that Parcel of Land and that no trespassing is allowed. (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. B. The laws are owned by the Any person violating this section shall be guilty of a Class 1 misdemeanor. 18.2-56.1 prohibits "reckless handling of firearms," and provides, A. A deadly weapon is an instrument likely to produce death or great bodily harm from the way in which it was used classic examples include a gun or a knife. You can explore additional available newsletters here. Armstrong also held that, with respect to Code 18.2308.2, [i]t is not necessary that the Commonwealth prove the instrument was operable, capable of being fired, or had the actual capacity to do serious harm. 263 Va. at 584, 562 S.E.2d at 145. 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. 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. A defense to brandishing is exercising justifiable self-defense. Copyright 2023, Thomson Reuters. Crimes and Offenses Generally 18.2-56.1. Charges: Charge Code: WPN5232M1 Charge Description: WEAPONS RECKLESS HANDLING OF FIREARM Charge Code: ASL1334A3 Charge Description: ATTEMPTED - ASSAULT STAB - CUT - WOUND WITH MALICIOUS INTENT Charge Code: WPN5291F6 Charge Description: CONVICTED FELON(NON-VIOLENT>10 YRS)POSSESS/TRANSPORT FIREARM Charge Code: VAN2939F4 Charge Description: VANDALISM, DAMAGE PROPERTY SHOOT OR THROW MISSILE AT . Virginia may have more current or accurate information. As a general proposition, an inoperable firearm will not endanger the life, limb, or property of another. Arlington General District Court, 1425 N Courthouse, Arlington, [], FAIRFAX VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Misdemeanor Petit Larceny charge (VA Code 18.2-96), for larceny of a weapon at the Dulles Expo Center Gun Show in Chantilly Virginia, was DROPPED at the first hearing for insufficient evidence. A second violation is a Class 6 felony. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. B. Upon receipt of such notice of a conviction, the court shall revoke the permit of a person disqualified pursuant to this subsection, and shall promptly notify the State Police and the person whose permit was revoked of the revocation. 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. Virginia for RECKLESS HANDLING OF FIREARM 18.2-56.1. The clerk of the court shall notify the Department of Game and Inland Fisheries as is provided in subsection C herein. 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. You're all set! (9) Shooting or discharge of a firearm by any representative of the Virginia Department of Game and Inland Fisheries in the performance of duty for scientific collection or wildlife management purposes. It shall be unlawful for any person who is hunting with a loaded firearm to traverse any public school ground or public park or to be within 100 yards from any such school ground or park. Reckless handling of firearms; reckless handling while hunting. 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. This Subsection shall not prohibit either (i) the lawful possession of a firearm when such firearm is carried for purposes of personal safety or (ii) the lawful possession of a firearm on a public highway within 100 yards of any public school ground or public park. The maximum penalty for brandishing a firearm in Virginia is 12 months [], Fairfax, Virginia Criminal Defense Attorney Case Result: Client was initially found guilty of Assault with a firearm in the Fairfax County General District Court and sentenced to 5 days in jail. 18.2-282. B. However, upon petition to the court and notice to the attorney for the Commonwealth, the court, upon good cause shown, shall return any such weapon to its lawful owner after conclusion of all relevant proceedings if such owner (i) did not know and had no reason to know of the conduct giving rise to the forfeiture and (ii) is not otherwise prohibited by law from possessing the weapon. At trial, plaintiff asked for jury instruction on negligence per se. Client remains eligible to obtain concealed carry permit. The court shall dispose of such weapons as it deems proper by entry of an order of record. Violation of this rule isa Class 1 misdemeanor offense punished by up to 1 year in jail and a $2500.00 fine. Stay up-to-date with how the law affects your life. All user-contributed content is owned by its authors. All pistols, shotguns, rifles, dirks, bowie knives, switchblade knives, ballistic knives, razors, slingshots, brass or metal knucks, blackjacks, stun weapons, and other weapons used by any person in the commission of a criminal offense, shall, upon conviction of such person, be forfeited to the Commonwealth by order of the court trying the case. Hunting is not a guaranteed right at this time. 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. . Hunting or discharge of firearms in certain places prohibited; exceptions. Powered by The State Decoded In addition, the Commonwealth's argument runs contrary to the basic legal precept that a trial court may not render inconsistent verdicts in the guilt phase of a bench trial . Commonwealth v. Greer, 63 Va.App. Fairfax County: 6-1-2. B. Please try again. In Virginia, it is illegal to handle recklessly any firearm in such a way that endangers the life, limb, or property of another person. A. While every effort is made to keep all information Click below to generate an email in your email client. Licenses revoked shall be sent to the Director. A. of Any firearm, stun weapon as defined by 18.2-308.1, or any weapon concealed, possessed, transported or carried in violation of 18.2-283.1, 18.2-287.01, 18.2-287.4, 18.2-308.1:2, 18.2-308.1:3, 18.2-308.1:4, 18.2-308.2, 18.2-308.2:01, 18.2-308.2:1, 18.2-308.4, 18.2-308.5, 18.2-308.7, or 18.2-308.8 shall be forfeited to the Commonwealth and disposed of as provided in 19.2-386.29. A. 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. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the. Arlington County: 17-5. The clerk of the court shall notify the Department of Wildlife Resources as is provided in subsection C herein. A. The trial court acquitted the defendant of possession of a firearm as a convicted felon, concluding that the respective statutes required different standard[s] of proof of a firearm. The victim of a crime can be intimidated as much by a revolver that does not fire bullets as by one that does . 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 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. B. Belowyou can read the language of18.2-56.1. Hunting while intoxicated is a class 1 misdemeanor under Va. Code 18.2-285. A1. 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 $2,500 fine if found guilty of this class 1 misdemeanor charge. This law appears specifically targeted towards this group. A firearm is a deadly weapon without proof that it was operable or loaded. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty. stream 2016 Code of Virginia Title 18.2 - Crimes and Offenses Generally . Any person who handles any firearm in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony. z$Q 8QHlOe9yc`47032!s'i;}aY 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 . You have the right to remain silent, and you should not talk to the police without the advice and presence of your lawyer. Ms. Medvin has represented numerous individuals in Alexandria, Fairfax, Arlington, Vienna, and Falls Church on various firearms charges. 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 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. A1. Indiana Petition for Waiver of Reinstatement Fee, Alabama Code > Title 13A > Chapter 6 - Offenses Involving Danger to the Person, California Codes > Penal Code > Part 1 > Title 8 - OF CRIMES AGAINST THE PERSON, Connecticut General Statutes > Chapter 939 - Offenses Against the Person, Florida Statutes > Chapter 784 - Assault; Battery; Culpable Negligence, Illinois Compiled Statutes > Chapter 720 > Offenses Against Persons, Indiana Code > Title 35 > Article 42 - Offenses Against the Person, Kentucky Statutes > Chapter 437 - Offenses Against Public Peace -- Conspiracies, Missouri Laws > Chapter 565 - Offenses Against the Person, New York Laws > Penal > Part 3 > Title H - Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation, North Carolina General Statutes > Chapter 14 > Article 35 - Offenses Against the Public Peace, South Carolina Code > Title 16 > Chapter 3 - Offenses Against the Person, Tennessee Code > Title 39 > Chapter 13 - Offenses Against Person, Texas Penal Code > Title 5 - Offenses Against the Person, Virginia Code > Title 18.2 > Chapter 4 - Crimes Against the Person, Wisconsin Statutes > Chapter 940 - Crimes against life and bodily security. ), 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.. Read more about Assault [], CARRYING A CONCEALED HANDGUN WHILE INTOXICATED Virginia law criminalizes the carrying of a legally concealed handgun while under the influence of alcohol or drugs under Va Law 18.2-308.012. 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. The statute, however, does not specify that the firearm must be operable or capable of being fired. Fairfax County General District Court: 4110 Chain Bridge Road, Fairfax, Virginia 22030. A. 444, 579. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. B. Reckless handling of firearms; reckless handling while hunting on Westlaw. So there are three different offenses in the Reckless Handling of a Firearm statute: The commonwealth has the burden to prove you actually handled the firearm recklessly. One way for them to prove this will be to use statements that you make to the police. 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 A1. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Arlington, VA Criminal Defense Attorney Case Result: Class 1 Misdemeanor charge for Brandishing a Firearmduring an argument, underVa Law 18.2-282, is scheduled to be DISMISSED conditioned on 12 months of no new violations of law and on the destruction of the firearm used during the altercation. When interpreting statutes, courts ascertain and give effect to the intention of the legislature. That intent is usually self-evident from the words used in the statute. 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. Booking Number: 23-001677. A1. The clerk of the court shall notify the Department of Wildlife Resources as is provided in subsection C herein. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. 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 reckless handling must endanger person or property in order to qualify as a crime. 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. If found hunting, trapping or fishing during this prohibited period, the person shall be guilty of a Class 2 misdemeanor. The time was about 9:30 p.m., and it was dark outside. 18.2-56.1 Reckless handling of firearms; reckless handling while hunting A. %PDF-1.5 REPORTS RECKLESS HANDLING OF A FIREARM, 2023-02280101, 5800 block of Washington Boulevard. Dec. 31, 1996). 444, 579; 2020, c. 958. Read more about Fairfax criminal defense attorney Marina Medvin, who represented this client and achieved this result. Va Code 18.2-287.01: Carrying weapon in air carrier airport terminal. Lee recognized appellant because he was one of the store's regular customers. Thus, the courts were left to interpret whether a butterfly knife is a weapon that cannot be concealed under the code section as the ones described above. [], VIRGINIA: A class 2 hunting misdemeanor offense was REDUCED to a non-jailable class 4 offense with only a $100 fine. Virginia Law punishes various acts of hunting and poaching of game / wild animals. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor. The court may authorize the seizing law-enforcement agency to use the weapon for a period of time as specified in the order. However, if firearms are in use on only a portion of any Parcel of Land which meets the acreage and other requirements of the term Parcel of Land, as defined by Section 6-1-1, then only that portion of that Parcel of Land on which firearms are used shall be posted with signs. Read more about Virginia [], Under current federal law, a federal felony conviction results in the permanent loss of firearm possession rights. Firearms, Missiles, Etc. (d) It shall be unlawful for any person to hunt with a shotgun loaded with slugs. On appeal to Circuit Court, the case was Dismissed after Defense filed 3 motions to dismiss. Vienna Sec. The weapons covered by the law are handguns, switchblade knives and some fixed blade knives, razors, slingshots, brass knuckles, spring sticks, throwing stars, ballistic knives, machetes, blackjacks, and nunchucks or fighting chains. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. 1977, c. 194; 1985, c. 182; 1991, c. 384; 2010, c. 183; 2011, c. 684; 2014, cc. Testimonials & Reviews: Our Clients Words. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. He said he had heard gunshots before, and he knew that these were real gunshots. The trial court denied the second motion to strike without elaboration. The clients family was able to contact one , Tony Quitiquit of Jurach, Tacey & Quitiquit was able to have a previous clients gun rights restored in Hanover County. ZyjeQ[S.rl["Igm~ W~c"Elx LEXIS 800 (Va.Ct.App. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. [], Virginia law defines a firearm as an instrument which was designed, made and intended to expel a projectile by means of an explosion. SungIl Lee, the manager of Short's Grocery, observed a group of young men enter the store. Zequez Deaairo JONES v. COMMONWEALTH of Virginia. 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. City of Fairfax: Sec. 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. VA Code 18.2-56.1 (2016) What's This? 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. 2023 LawServer Online, Inc. All rights reserved. He did not see a gun fire. Reckless handling of firearms; reckless handling while hunting. And, a purchaser who receives a firearm from another person without obtaining the required background check can also be charged with a Class 1 misdemeanor. 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). Section 18.2-56.1 (A). Law-enforcement officers are exempt from this law. 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. This section shall not apply to any law enforcement officer in the performance of his official duties nor to any other person whose act is otherwise justifiable or excusable at law in the protection of his life or property, or is otherwise specifically authorized by law. This article is written by award-winning trial attorney Marina Medvin, a former National Rifle Association (NRA) law clerk, NRA Life Member. (3) a person. The email address cannot be subscribed. 1w"kv9 Home Criminal Defense Reckless Handling of a Firearm: Va. Code 18.2-56.1. with them. D. Nothing in this section shall be construed to prohibit the use of firearms or other instruments ormissiles or compound bows, crossbows, longbows, or recurve bows in lawful self defense or in the lawful defense ofproperty, or to prohibit the use of firearms or other missiles or compound bows, crossbows, longbows, or recurvebows in supervised sport, recreation, or training conducted on safety-inspected and approved ranges and courses,provided the same is not contrary to existing law. Pointing or brandishing firearm or object similar in appearance. The Possession charge was DROPPED, which means the client did not [], FAIRFAX COUNTY, VIRGINIA: VA Code 18.2-250.1 was charged for possession of drug paraphernalia, 8 film containers of marijuana, and possession of a handgun in the same bag. Read this complete Virginia Code Title 18.2. )Og'e7NcR7` Related Public Intoxication charge was DROPPED. (a) A person is guilty of a felony who, while in or having just exited from a motor vehicle, recklessly discharges a firearm at or toward: (1) an unoccupied motor vehicle or building; (2) an occupied motor vehicle or building; or. Federal law does not distinguish between violent and nonviolent felony offenses. Brandishing a firearm in Virginia (Va. Code 18.2-282) is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2,500. 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 . Lee was standing about twenty meters from appellant. 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; . A. Lee also responded, I don't know when asked if it was a squirt gun. He then heard two or three loud gunshots. Reckless Handling of Firearm Revocation of license and privileges; penalties. (g) Notwithstanding the provisions of Subsections (a) through (f) of this Section, the following acts shall not be violations of this Section: (4) Shooting or discharge of any firearm by any law enforcement officer acting in the performance of the duties of a law enforcement agency. 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. Design by Meticulous, Violation of 18.2-286 while hunting; revocation of license and privileges, Hunting deer with sights after dark; forfeiture of weapon and sighting device, Employment of lights under certain circumstances upon places used by deer. This field is for validation purposes and should be left unchanged. 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). people and, consequently, are not governed by copyrightso do whatever you want 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. LawServer is for purposes of information only and is no substitute for legal advice. The court may also prohibit the convicted person from hunting, fishing, or trapping in the Commonwealth for a period of one to five years. Eye Color: GREEN. 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 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. 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. Even a stationary object can be a deadly weapon if the victim is impelled into or against it. (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.
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