GOVERNOR'S VETO

Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto House Bill 560, which would amend the law related to brandishing a firearm and provide that, in order for a person to be convicted under the amended statute, the person must know or reasonably should know that his conduct induces fear in the mind of another person.

The Code of Virginia currently prohibits a person from pointing, holding, or brandishing a firearm in such a manner as to induce fear in the mind of another person. Virginia's courts have interpreted this language to mean that it is not enough that someone inadvertently witnesses a person with a firearm—there must be additional evidence that the person with the weapon actually intended to induce fear in the mind of the witness.

Making the change requested in this bill would create unintended consequences for prosecutors and law enforcement officers attempting to secure convictions for violators of this law. This proposed modification would unnecessarily burden our public safety officials and potentially create a defense for individuals who recklessly handle firearms.

Pointing, holding, or brandishing a firearm in a manner that induces fear in the mind of another person is irresponsible and dangerous behavior and should be appropriately addressed within our criminal justice system. Because current law provides clear guidelines for our law enforcement personnel without creating unintended consequences that could lead to unsuccessful prosecutions, House Bill 560 is unnecessary.

Accordingly, I veto this bill.