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· 3/4/2011

Startin v. Com.

Citations

  • 706 S.E.2d 873
  • 281 Va. 374

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a replica firearm, like a BB gun, may qualify as a firearm under the broader definition
  • explaining that although the definition of “firearm” under Code § 18.2-308.2 “is more narrowly construed” than under Code § 18.2-53.1, “it is not necessary that the instrument is ‘operable’ ”
  • noting that the statute prohibits the use or display of an actual firearm or “an instrumentality that has the appearance of having the capability of an actual firearm”
  • finding an inoperable replica firearm sufficient to support conviction under this statute
  • “[N]either the replica at issue here nor the BB gun in Holloman[ v. Commonwealth, 221 Va. 196, 269 S.E.2d 356 (1980
  • the evidence was sufficient to support the defendant’s conviction where he robbed a pharmacy by lifting his shirt and displaying a “John Wayne” replica handgun to a pharmacist

Source: CourtListener parenthetical corpus (CC0).

Judges: Donald W. Lemons

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.