18.2-53.1 - Use or display of firearm in committing felony. - Virginia Statutes

§ 18.2-53.1. Use or display of firearm in committing felony.

It shall be unlawful for any person to use or attempt to use any pistol,shotgun, rifle, or other firearm or display such weapon in a threateningmanner while committing or attempting to commit murder, rape, forciblesodomy, inanimate or animate object sexual penetration as defined in §18.2-67.2, robbery, carjacking, burglary, malicious wounding as defined in §18.2-51, malicious bodily injury to a law-enforcement officer as defined in §18.2-51.1, aggravated malicious wounding as defined in § 18.2-51.2, maliciouswounding by mob as defined in § 18.2-41 or abduction. Violation of thissection shall constitute a separate and distinct felony and any person foundguilty thereof shall be sentenced to a mandatory minimum term of imprisonmentof three years for a first conviction, and to a mandatory minimum term offive years for a second or subsequent conviction under the provisions of thissection. Such punishment shall be separate and apart from, and shall be madeto run consecutively with, any punishment received for the commission of theprimary felony.

(1975, cc. 624, 628; 1976, c. 371; 1980, c. 333; 1982, c. 654; 1991, c. 506;1992, cc. 191, 726; 1993, cc. 549, 835; 1994, c. 950; 2004, c. 461.)