Celebratory gunfire the target of a new Virginia gun law

March 13, 2014

Celebratory gunfire the target of a new Virginia gun law

Article provided by A. Mark Nicewicz, Esq.
Visit us at http://www.nicewicz.com

Only on rare occasion is a gun fired in anger. Much more often, gun owners use their weapons for hunting, protection and target practice. Firing a gun can also be a tribute to a fallen veteran or used in celebration, especially as an expression of pride for America on the Fourth of July or on New Year's Eve as a remembrance of the past year.

However, guns are deadly weapons, and the misuse of a weapon can bring severe and tragic repercussions. One incident in Virginia has spurred some legislators in the state to attempt to add to Virginia's existing gun laws and more severely punish gun owners who do not obey Virginia's current gun laws to the letter.

Tragedy prompts legislative response

On July 4, 2013, a .40 caliber bullet struck and killed a seven year-old Chesterfield County boy. Police presumed the bullet was a stray that fell from the sky from celebratory gunfire. Police have not identified the gun or the person who fired the shot.

Virginia bans the practice of firing a gun into the air, as do most states. Currently, it is a misdemeanor to fire a gun into the air without a target. A conviction may carry up to a year in prison time and a fine. "Brendan's Law," named after the boy who was killed, would make this crime a felony, punishable by up to five years in prison, and between five and 40 years if the shooting results in the death of another person. On Jan. 14 the bill passed the Senate Courts of Justice Committee. It is now in the Finance Committee.

There are no firm statistics regarding fatalities from such aerial shootings, but there are numerous examples across the U.S. of injuries and fatalities that occur due to celebratory gunfire. A common myth is that a gun fired into the air will not come down with lethal velocity. According to the television show "Mythbusters," it is true that a gun fired precisely vertically will lose its spin and fall to the ground at a lesser, nonlethal velocity. However, it is very difficult for a human to fire precisely vertically into the air; a much more likely scenario would be that a person fires into the air at a slanted angle, in which case the bullet will maintain its spin, velocity and lethal impact.

Gun crimes come with stiff penalties

Virginia acknowledges a person's Second Amendment right to bear arms. However, Virginia still has numerous restrictions to gun ownership and gun use in the state. If property damage, injury or death result from illegal gun ownership or use, the penalties for violating those laws can be severe. People in Virginia accused of a gun crime should contact an experienced criminal defense attorney to discuss their rights.