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FebruarY 11, 1969
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<br />shall, by order of the court be forfeited to the Commonwealth and may be seized by an officer as forfeited and
<br />such as may be needed for police officers and ~0~servators of t~e peace shll be devoted to that purpose, and
<br />the remainder shall be destroyed by the office~ hav~ng tP~em in ~%arge,
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<br /> This section shall not .apply to any police officers, ~ergeants, sheriffs', officers or guards of the peni~
<br />tentiary or other institutions or camps of the State eorrect~ons?system, conservators o~ the peace other t~an
<br />notaries public, or to carriers of United States mail ~ the ru~l districts, or to any collecting officer
<br />while in the discharge of his official duty~ k
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<br /> Any circuit or*co:~orat~on court~ upon a written applicatiOB and satisfactory proof of the good character
<br />and necessity ~f the applicant to carry concealed weaponsl, may grant permission so to do for one year. The
<br />order granting such permission shall be entered in the law order book of such court.
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<br />Sec. 18.1-344. If any person sell, barte~ give or furnish, or cause to be sold, bartered, given or furnished
<br />to any minor under eighteen years of age i pistol, dirk, switc~lade kn~_e or bowie knife~ ha~i~ good caus'e
<br />to believe him to be a minor under eighteen years of age, or if any. person sell, barter, give or furnish,
<br />or cause to be sold, bartered~ given or f~rnished to any minor under sixteen years of age cigarettes or to-
<br />bacco in any form, having good cause to believe him to be a minor under sixteen years of age such person ~hall
<br />be guilty of a misdemeanor and be fined not less than two dollars and fifty cents nor more than one hundred
<br />dollars.
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<br />Sec. 18.1-547. No person shall sell, barter, exchange, furnish, or dispose of by purchase, gift, or in any
<br />other manner ~ny toy gun, pistol) rifle or other toy firearm, if the same shall,' by means of powder or other
<br />explosive, discharge blank or ball charges. Any person violating the provisions of this section shall be
<br />builty of a misdemeanor, and, upon conviction thereof, shall Be fined not less than fifty dollars nor more
<br />than one hundred dollars, or confined in jail for a Defied not less than thirty nor more than ninety days,
<br />or both. Each sale of any of the articles hereinbefore specified to any person shall constitute a separate
<br />offense.
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<br />Nothing in this section shall be construed as preventing the sale of what are commonly kno%~m as cap plato
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<br />Sec. 4-85. If any persons shall unlawfully manufacture, transport or sell any alcoholic beverages, as herein
<br />defined, and a~ the time of such unlawful manufacturing, transporting, or selling or aiding or assisting in
<br />any manner in such act, shall carry on or ab:out his person, or have on or in any vehicle which he may be
<br />using to aid him in any such purpose, or have in his possession, actual or constructive, at or withing one
<br />hundred yards of any place ~here any such alcoholic beverages are being unlawfully mamufactured~ transported
<br />or sold, any firearm, or any weaoon of like kind, ke shall 5e guilty of a felony, and on conviction shall be
<br />confined in the penitentiary not less than one year or more than three years, or in the discretion of the jury
<br />or the court trying the case without a jury, confined in jail for not less than six months nor more than
<br />twelve months.
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<br />Sec. 29~140. Ail wild birds and wild animals may be hunted with shotgm~ not larger $han ten gauge, and with
<br />an automatic-loading or hand operated repeating shotgun capable of holding no~ more than three shells, the
<br />magazine of which has been cut off or plugged with a one-niece metal or wooden filler incapable of removal
<br />through the loading end thereof, so as' to reduce the capacity of the gun to not more than three shells at one
<br />time in the magazine and chamber combined, or rifle or bow and arrow, unless shooting is expressly prohibited
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<br />Sec. 29=140.1. It shall be unlawful for any pm~son to hunt with firearms in the State of Virginia while
<br />under the influence of alcohol, brandy, rum, whiskey, gin, wine, beer, lager beer, ale, porter, stout or other
<br />liquid beverage or article containing alcohol or while under the influence of any narcotic drug or any other
<br />self-administered intoxicant or drug of whateoever nature. Any person vio%ating the provisions of this
<br />section shall be guilty of a misdemeanor and upon conviction punished by a fine of not less than twenty-five
<br />nor more than two hundred fifty dollars. Game wardens and sheriffs shall ehforce the ~Fovisions of this
<br />section.
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<br />Sec. 55-287. If any person shoot in or along any road, or within one hundred yards thereof, or in a street
<br />of an~ city or town, whether the town be incorporated or not, he shall, for each offense, be fined not less
<br />than five dollars.
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<br /> It is clear from the above cited enactments that in certain circumstances the~uaa o£ m firearm or a
<br />particular type of firearm in the commission or attempted commission of a criminal act either renders the act
<br />more serious and subjects the offender to a greater#penalty than would be the case had no firearm been used
<br />or constitutes a separate offense within itself. For example, under the terms of Section 18.1-259 of the
<br />Code of Virginia~ the possession or use of a machine gun in the perpetration or attemnted perpetration of a
<br />crime of violence is punishable by death or not less than 20 years. Th~s, although the crime of violence of
<br />wh~ one stood accused carried a maxium sentence of five years if a machine gun was used in the commission
<br />of the crime, the accused would be subject to the death penalty, The same situation exists with respect
<br />to the use of a sawed-off shotgun in the perpetration or attempted perpetration of a crime of violence.
<br />Similarly, pursumnt to Section 4-85 of the Virginia Code, the carrying or possession of a firearm on one's
<br />person or in one's vehicle while engaged in unlawful manufacture, transport or sale of alcoholic beverage
<br />or in any manner assisting in such an act, is a separate and complete o~fense. Thus, one engaged in the un-
<br />lawful manufacture, etc. of alcoholic beverages without more would ~e guilty of one specific offense. If he
<br />was also carrying or in possession of a firearm at the time, he would be subject to prosecution for an
<br />additional offense. Moreover, by the terms of 18.1-69.2 of the State Code, it is unlawful for any person
<br />to ~oint or brandish a firearm in such a manner as to reasonably induce fear in another and it would appear
<br />that any person who used a firearm in such a manner in the perpetration of a criminal act, would be subject
<br />to nrosecution under that section in addition to other nrovisions.
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<br /> In other cases, however, although substantial penalties are nrovided for crimes committed by means of
<br />violence or the threat thereof, no distinction is made between the use of firearms and other weaDons or
<br />methods of inflicting violence. Thus, Section 18.1-91 af the Virginia Code provides<that if any person
<br />coF~mit r~obery by partial strangulation, suffocation, striking or bcating~ or other violence to the person,
<br />or by threatened use of firearms, or other deadly weapons, he shall be punished with death or by confinement
<br />in the penitentiary for life or for any term not less than five years. The absence?of ~ distinction between
<br />th~ penalty provided where firearms are used and that provided where ther~ is resort to other methods of
<br />violence seemingly rests ~non thei~egislative determinatin that it is no mo~es~rious to commit robbery at
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