Expert: Dean Speir - 2/8/2008

Question
My brother had guests at his home when 1 got out of control and began making threats. He asked the guest to leave to no avail. He then got his Rifle and stood on his porch. The guest ran. The next day the guest filed a warrant for assault and brandishing a fire arm. Does he have the right to show a gun if threatened?

Answer
Don't you think that the definitive answer would be better found in the Virginia statutes?

In general terms, however, a firearm is considered an instrument of Deadly Physical Force, and displaying a firearm in that situation would, in most jurisdictions, be deemed a threat of Deadly Physical Force, or a form of Assault.

The question here is, did the actions and words of the guest warrant such a display on your brother's part? Was his response commensurate with the "threat" posed? Did the unruly guest verbally threaten your brother or other guests with physical harm, have the disproportionate size to carry out such a threat or have something at hand which could have been used as a weapon? Was the aggressive person known to your brother as one who has a history of violence?

There are many factors involved here… if the guest was 5'4" and 135 pounds, and your brother is 6'1" and 205 pounds, and no weapons were present, then resorting to brandishing a firearm likely would be deemed an "assault" and successfully prosecuted.

Other considerations could be the circumstances of the "event." Was it a Super Bowl party with a considerable amount of beer and/or hard liquor present? Was it a Sunday afternoon church social with tea and soft drinks?

You need to review the Commonwealth of Virginia's laws on the use of Deadly Physical Force for a better idea of your brother's actions and were they those of a reasonable and prudent man.

The way you describe it, SB, seems sketchy and incomplete, but that's the best answer I am prepared to give.

G'luck to you and your brother.