Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

In the event of brandishing a firearm, what must the object do to fulfill the legal definition?

1. Be a fully functional firearm

2. Induce reasonable fear in the victim

3. Be a registered weapon

4. Be visible to law enforcement

The correct answer is: Induce reasonable fear in the victim

The legal definition of brandishing a firearm primarily focuses on the impact a firearm has on the victim. For an act to be considered brandishing, it must create a situation where the victim feels reasonable fear for their safety due to the display or use of the firearm. This concept is grounded in the intent and perception of the observer rather than the technical characteristics of the weapon itself. Emphasizing the element of inducing reasonable fear highlights that brandishing is not just about the object being a functional firearm, its registration, or its visibility to law enforcement. Instead, it hinges on the subjective experience of the victim and the circumstances surrounding the incident. The intent behind brandishing a firearm and the resulting fear in others are crucial factors in classifying the act, which aligns with the correct answer.