Shooter pleaded guilty to that charge. Felony; drive-by shooting. Gender: M. Race: WHITE. He said he was absolutely sure that it was a handgun. provide legal advice. A violation of this Subsection shall be punishable as a Class 4 misdemeanor. By that definition, he argues, the evidence is insufficient to prove that he recklessly handled such a firearm.. Reckless handling of firearms; reckless handling while hunting. Such signs shall be placed where they can reasonably be seen. 3. It shall be unlawful to discharge a projectile from any of theaforementioned bows within one hundred (100) yards of any public road, public building or structure, privateresidence or structure, or property of another. The trial court denied the second motion to strike without elaboration. Learn more about FindLaws newsletters, including our terms of use and privacy policy. To contact us, pleasecomplete this formand well respond as soon as we are able. Virginia law forbids any person who is not a licensed firearms dealer to purchase more than one handgun within any thirty-day period. 2. Charges: Charge Code: WPN5232M1 Charge Description: WEAPONS RECKLESS HANDLING OF FIREARM Charge Code: ASL1334A3 Charge Description: ATTEMPTED - ASSAULT STAB - CUT - WOUND WITH MALICIOUS INTENT Charge Code: WPN5291F6 Charge Description: CONVICTED FELON(NON-VIOLENT>10 YRS)POSSESS/TRANSPORT FIREARM Charge Code: VAN2939F4 Charge Description: VANDALISM, DAMAGE PROPERTY SHOOT OR THROW MISSILE AT . Any person who handles any firearm in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony. %PDF-1.5 If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such persons hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. 10-45. 2016 Code of Virginia Title 18.2 - Crimes and Offenses Generally . Jf/d}&i{jFx(D^R^9zn|8+;d_rt>~z^S_){cP}Gub0:(,~PO:)}:giC3S_c!^O+JJrdOMw0MJ n- dSR This article is written by award-winning trial attorney Marina Medvin, a former National Rifle Association (NRA) law clerk, NRA Life Member. A. Virginia's once-a-month rule This field is for validation purposes and should be left unchanged. A1. A deadly weapon is an instrument likely to produce death or great bodily harm from the way in which it was used classic examples include a gun or a knife. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. Read more about Fairfax criminal defense attorney Marina Medvin, who represented this client and achieved this result. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty. At approximately 11:02 a.m. on February 28, police were dispatched to the report of trouble unknown. Any person violating this section shall be guilty of a Class 1 misdemeanor. 561, 570, 760 S.E.2d 132, 136 (2014).3. Alexandria [], FAIRFAX, VIRGINIA DEFENSE ATTORNEY CASE RESULT Misdemeanor charge for Assault and Battery On a Family or Household Member with a loaded firearm was DROPPED for insufficient evidence to prosecute. C. Upon a revocation pursuant to subsection B hereof, the clerk of the court in which the case is tried pursuant to this section shall forthwith send to the Department of Game and Inland Fisheries (i) such persons revoked hunting or trapping license or notice that such persons privilege to hunt or trap while in possession of a firearm has been revoked and (ii) a notice of the length of revocation imposed. In Virginia, it is illegal to handle recklessly any firearm in such a way that endangers the life, limb, or property of another person. You're all set! Courthouse: United States District Court Eastern [], CRIMINAL DEFENSE ATTORNEY CASE RESULT IN ARLINGTON VIRGINIA: Class 1 Misdemeanor Carrying a Concealed Weapon Brass Knuckles (VA Code 18.2-308 metal knucks) was DROPPED at the first appearance. The weapons covered by the law are handguns, switchblade knives and some fixed blade knives, razors, slingshots, brass knuckles, spring sticks, throwing stars, ballistic knives, machetes, blackjacks, and nunchucks or fighting chains. Armstrong also held that, with respect to Code 18.2308.2, [i]t is not necessary that the Commonwealth prove the instrument was operable, capable of being fired, or had the actual capacity to do serious harm. 263 Va. at 584, 562 S.E.2d at 145. Firearms; discharge prohibited; exceptions. Reckless handling of firearms; reckless handling while hunting 18.2-56.1(A) Maybe5 6No Most likely not, under 8 U.S.C. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (a) It shall be unlawful for any person to shoot any firearm in any areas of the County that are so heavily populated as to make such conduct dangerous to the inhabitants thereof, which areas are designated in Appendix J to the Fairfax County Code. Federal law does not distinguish between violent and nonviolent felony offenses. B. REPORTS RECKLESS HANDLING OF A FIREARM, 2023-02280101, 5800 block of Washington Boulevard. 2-Never point a . Forfeiture of weapons that are concealed, possessed, transported or carried in violation of law. A person who consumes alcoholic beverages in a restaurant or club whileconcealed carrying a handgun, can be found guilty of a Class 2 misdemeanor, which is punishable by up to 6 months in jail. Va Code 18.2-287.01: Carrying weapon in air carrier airport terminal. Va Code 18.2-308.1: School property. (6) Discharge of any firearm for the purpose of protecting any person from death or great bodily harm. A1. An excuse to this law is replacing a lost or stolen handgun, or trading handguns with another person. Virginia Law punishes various acts of hunting and poaching of game / wild animals. A violation of this Subsection shall be punishable as a Class 3 misdemeanor. [], Virginia law defines a firearm as an instrument which was designed, made and intended to expel a projectile by means of an explosion. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty. Reckless Handling of a Firearm | JTQ Law - thejqlawfirm.com 10-45.1. The clients family was able to contact one , Tony Quitiquit of Jurach, Tacey & Quitiquit was able to have a previous clients gun rights restored in Hanover County. Discharge of firearms. Any person violating this section shall . It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. To be found guilty of the Felony the handling of the firearm must be in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of another person resulting in permanent and significant physical impairment. Ms. Medvin has represented numerous individuals in Alexandria, Fairfax, Arlington, Vienna, and Falls Church on various firearms charges. A class 1 misdemeanor has a maximum penalty of 1 year in jail and a $2500 fine. Charges: Charge Code . It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. )Og'e7NcR7` Read more about Virginia [], Under current federal law, a federal felony conviction results in the permanent loss of firearm possession rights. Violation of this rule isa Class 1 misdemeanor offense punished by up to 1 year in jail and a $2500.00 fine. He argues that the evidence failed to prove that the object in question was a firearm as contemplated by Code 18.256.1. PDF. (8) Discharge of any firearm (i) pursuant to a permit issued in accordance with Virginia Code 29.1-529, if the discharge is on land that contains at least five acres and is zoned for agricultural use; or (ii) pursuant to authorization issued in accordance with 4 VAC 15-40-240 by the Director of the Department of Game and Inland Fisheries. It shall be unlawful for any person in the Town to willfully fire or discharge any gun, pistol or other firearms except in a shooting gallery constructed and operated in accordance with the design criteria and specifications of the National Rifle Association as set forth in the NRA Range Source Book, and further, except where such firing or discharging is done with the written permission of the Town Manager and under the supervision of properly authorized Town personnel. [], VIRGINIA: A class 2 hunting misdemeanor offense was REDUCED to a non-jailable class 4 offense with only a $100 fine. Design by Meticulous, Violation of 18.2-286 while hunting; revocation of license and privileges, Hunting deer with sights after dark; forfeiture of weapon and sighting device, Employment of lights under certain circumstances upon places used by deer. 702, 708, 467 S.E.2d 294, 297 (1996) (quoting Pugliese v. Commonwealth, 16 Va.App. 1 0 obj Weight: 190. 18.2-56.1. B. A. The court shall dispose of such weapons as it deems proper by entry of an order of record. Hunting or discharge of firearms in certain places prohibited; exceptions. Looking to hire anexperienced criminal defense attorneyfor Federal or Northern VirginiaFelony orMisdemeanor charges? However, this section shall not apply to any person engaged in excusable or justifiable self-defense. The Department shall keep a list which shall be furnished upon request to any law-enforcement officer, the attorney for the Commonwealth or court in this Commonwealth, and such list shall contain the names and addresses of all persons whose license or privilege to hunt or trap while in possession of a firearm has been revoked and the court which took such action. The client was a young student with no criminal record. After some confusion on what this right really meant these days, in 2008, the Supreme Court in the monumental case of District of Columbia v. Heller, concluded that the Second Amendment guarantee[s] the individual right to possess and carry weapons in case of confrontation. The Supreme Court made a strong reinforcement as to the right to self-defense, which it described as the central component of the right itself. The Court labeled this core right as the right of law-abiding, responsible citizens to use arms in defense of hearth and home.. Upon arrival, it was determined the suspect allegedly discharged a firearm in his residence, causing damage to the interior of his home and an adjacent unit. JONES v. COMMONWEALTH | FindLaw We have concluded that the definition of a firearm is the same under Code 18.2308.2 as it is under Code 18.256.1(A). You can explore additional available newsletters here. By contrast, the offense of possessing a firearm as a convicted felon under Code 18.2308.2 has no element of perception by a victim that would warrant applying the same broad construction to the term firearm in that statute as is applicable to the same term in Code 18.253.1. Id. Current with changes through Ch. . (9) Shooting or discharge of a firearm by any representative of the Virginia Department of Game and Inland Fisheries in the performance of duty for scientific collection or wildlife management purposes. Reckless handling of firearms; reckless handling while hunting. Testimonials & Reviews: Our Clients Words. Click to review Virginia's new gun control laws. Reckless handling of firearms; reckless handling while hunting. . [], Virginia Law Explained: Brandishing Firearm, Va Law 18.2-282 Under Virginia law 18.2-282, it is a class 1 misdemeanor criminal offense topoint, hold or brandish a firearmin such manner as to reasonably induce fear in the mind of another. A person who sells a firearm to another person in Virginia without obtaining the required background check can be charged with a Class 1 misdemeanor offense. 495, 503, 704 S.E.2d 135, 13839 (2011) (citations and quotation marks omitted). 18.2-282. You're all set! However, upon petition to the court and notice to the attorney for the Commonwealth, the court, upon good cause shown, shall return any such weapon to its lawful owner after conclusion of all relevant proceedings if such owner (i) did not know and had no reason to know of the conduct giving rise to the forfeiture and (ii) is not otherwise prohibited by law from possessing the weapon. In addition to standard criminal penalties, upon conviction of a hunting, fishing, or trapping offense, a judge may also prohibit the accused from hunting, fishing, or trapping for a period of one to five years. A1. In addition, the Commonwealth's argument runs contrary to the basic legal precept that a trial court may not render inconsistent verdicts in the guilt phase of a bench trial . Commonwealth v. Greer, 63 Va.App. Richmond, VA 23294. Virginia Code Title 18.2. Crimes and Offenses Generally - Findlaw Booking Number: 23-001677. For more information on Brandishing a Firearm in Virginia, click here. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Zequez Deaairo JONES v. COMMONWEALTH of Virginia. 18.2-56.1. Charlottesville, VA Reckless Handling of a Firearm Attorney | Bryan J of a firearm), Va. Code 18.2-311.1 (1975) (prohibiting the alteration or removal of serial codes on firearms). These laws are enforced by game wardens of the Virginia Department of Game and Inland Fisheries. 18.2-56.1 prohibits "reckless handling of firearms," and provides, A. The Supreme Court labeled the core right of the Second Amendment in Heller as the right of law-abiding, responsible citizens to use arms in defense of hearth and home. This is a clear self defense right, but is not directly related to hunting for food, materials, trade or recreation. When the seizing agency ceases to so use the weapon, it shall be disposed of as otherwise provided in this section. Whether the prosecution must prove that a firearm in a prosecution under Code 18.256.1(A) must be operable or capable of being fired will depend on the facts of each case. It shall be unlawful for any person to discharge or shoot or throw any dangerous missiles bymechanical, explosive, air-or gas-propelled means, or similar method or device onto or across any public sidewalk,path, or roadway, at any public structure or building, or at or onto the property of another. B. Call us to inquire about eligibilityfor a free consultation. (g) Notwithstanding the provisions of Subsections (a) through (f) of this Section, the following acts shall not be violations of this Section: (4) Shooting or discharge of any firearm by any law enforcement officer acting in the performance of the duties of a law enforcement agency. Concealed carry [], ALEXANDRIA VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Trial for Impersonating Law Enforcement Officer, Brandishing a Firearm (VA Code 18.2-282), and Driving on a Suspended License, resulted in a NOT GUILTY finding for the Impersonating Law Enforcement charge and the Driving on Suspended charge, and no active jail time for the [], ARLINGTON, VIRGINIA: Class 1 misdemeanor charge for carrying a concealed weapon without a permit under VA Code 18.2-308 was AMENDED to a disorderly conduct charge with no active jail time, a fine, and weapon surrender. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. A1. The clerk of the court shall notify the Department of Game and Inland Fisheries as is provided in subsection C herein. B. (f) It shall be unlawful for any person to discharge any firearm from or across any highway, sidewalk or any public land except on a properly constructed target range. 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For the purposes of this Section the term law enforcement officer includes any person defined as a law enforcement officer pursuant to Virginia Code 9.1-101 and any animal control officer acting in the performance of his or her duty. 1227(a) (2)(C) (firearms offense)7 If type of firearm is not included in federal definition (e.g. is an antique or fake firearm), emphasize that fact in charging document, written plea agreement, transcript of 2755953, 1996 Va.App. Reckless Handling of Firearms (Section 18.2-56.1) Any individual who (1) recklessly handles a firearm and thus (2) puts another person's health or person's property in danger is guilty of a Class 1 misdemeanor. explanation of Virginias self-defense law, Permit Required for Concealed Carry in Virginia, Virginia Department of Game and Inland Fisheries, Virginia Boating While Intoxicated, Recklessly Operating Boat & Watercraft Criminal Offenses, Carrying Concealed handgun while intoxicated, Discharging firearm in public causing injury, Possessing firearm with Drugs Schedule I or II, Reckless handling of firearms; reckless handling while hunting Va. Code 18.2-56.1, Carrying loaded firearms in public areas prohibited Va. Code 18.2-287.4, Discharging firearms or missiles within or at building or dwelling house Va. Code 18.2-279, Possession or transportation of certain firearms by persons under the age of 18 Va. Code 18.2-308.7, Pointing, holding, or brandishing firearm, air or gas-operated weapon or objects Va. Code 18.2-282, Personal protection; carrying concealed weapons without a Permit Va. Code 18.2-308, Receipt of / receiving stolen firearm Va. Code 18.2-108.1, Shooting at or throwing missiles, etc., at a train, car, vessel, etc. Weapons; carrying concealed prohibited. 2023 LawServer Online, Inc. All rights reserved. Vienna Sec. B. Any person violating this section shall be guilty of a Class 1 misdemeanor. The laws are enumerated in Title 29.1 of the VA Code GAME, INLAND FISHERIES AND BOATING. These crimes are generally punished as a misdemeanor offense, some carrying no jail time at all, while other offenses carrying up to a year in jail. VA Code 18.2-308 prohibits the concealed carry of any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack or any weapon of like kind. The first violation of this law is a Class 1 misdemeanor. (a) A person is guilty of a felony who, while in or having just exited from a motor vehicle, recklessly discharges a firearm at or toward: (1) an unoccupied motor vehicle or building; (2) an occupied motor vehicle or building; or. Any person who handles any firearm in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony. VA Code 18.2-56.1 (2016) What's This? Height: 510. A1. If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such persons hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. It [], CRIMINAL DEFENSE ATTORNEY CASE RESULT IN ARLINGTON VIRGINIA: Not Guilty plea to a Class 1 Misdemeanor charge for Carrying a Weapon into the DCA Ronald Reagan Airport under VA Code 18.2-287.01 (a concealed carry permitted firearm that was forgotten in luggage) resulted in a fine and surrender of weapon, no [], CRIMINAL DEFENSE ATTORNEY CASE RESULT IN ARLINGTON VIRGINIA: Class 1 Misdemeanor charge for Carrying a Concealed Weapon While Intoxicated under VA Code 18.2-308, and a related Drunk in Public Charge (Va Law 18.2-388, Arlington Code 17-7) were both DROPPED for insufficient evidence. Take a look at the code sections posted below for the many different ways you can violate Virginia law. The client was charged with multiple counts of Distribution of Marijuana (18.2-248.1), Possession of a Schedule I/II (18.2-250), Possession of Marijuana by a Juvenile , A young client had their charges in Hanover dismissed. 18.2-56.1 Reckless handling of firearms; reckless handling while hunting A. Read this complete Virginia Code Title 18.2. A. Virginia also regulates the transfer and record . The laws are owned by the <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 792 612] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Clients weapons were returned to him and he was able to keep his hunting license. [], FAIRFAX COUNTY, VIRGINIA: Class 1 Misdemeanor charge for Brandishing a Firearm (VA Code 18.2-282) for pointing a handgun at another driver during a road rage incident resulted in no active jail time, no surrender of concealed carry permit, no surrender of weapon, and no fines! 19.2-386.28. In contrast to bench trials, it is permissible for juries to reach inconsistent verdicts. Ludwig v. Commonwealth, 52 Va.App. Any person who recklessly leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any person under the age of 14can be charged with a Class 1 misdemeanor. Eastern District of Virginia District Court, Prince William County Virginia Courthouse, Law Office of Samuel C. Moore, PLLC526 King St., Suite 506Alexandria, Virginia 22314email: [emailprotected]phone: 703.535.7809fax: 571.223.5234, 2023 The Law Office of Sanuel L Moore, PLLC | Document Retention | Advertising & Terms | Privacy & Cookie Policy. The statute, however, does not specify that the firearm must be operable or capable of being fired. Under Virginia law, a Class 1 misdemeanor is punished by up to one year in jail and a $2500.00 fine. C. The court shall revoke the permit of any individual for whom it would be unlawful to purchase, possess, or transport a firearm under 18.2-308.1:2 or 18.2-308.1:3, and shall promptly notify the State Police and the person whose permit was revoked of the revocation. 18.2-56.1. 444, 579. 2 0 obj All rights reserved. Reckless handling of firearms; reckless handling while hunting. This law appears specifically targeted towards this group. Have you or someone you know been charged with Reckless Handling of a Firearm in violation of18.2-56.1 in Virginia? Appellant was charged with reckless handling of a firearm under Code 18.256.1(A) and with possession of a firearm as a convicted felon under Code 18.2308.2. He said he had heard gunshots before, and he knew that these were real gunshots. So there are three different offenses in the Reckless Handling of a Firearm statute: The commonwealth has the burden to prove you actually handled the firearm recklessly. One way for them to prove this will be to use statements that you make to the police. Complete the form below to receive a free consultation. Many Virginia gun owners do not hold a concealed carry permit because they feel telling the government they own a gun it is a violation of their privacy, and they do not wish to be added to a government-held list of firearm owners. Project. For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapons true nature. 18.2-308.013. Written by an award-winning criminal defense attorney specializing in state and federal criminal law in the state and federal courts of Northern Virginia and Washington DC. If this section is violated while the person is engaged in hunting, trapping or pursuing game, the trial judge may, in addition to the penalty imposed by the jury or the court trying the case without a jury, revoke such person's hunting or trapping license and privileges to hunt or trap while possessing a firearm for a period of one to five years. Virginia Firearm & Weapon Charges and Hunting Laws: Defense Lawyers Explanation of Brandishing, Reckless Handling of a Firearm, and Hunting Offenses, Criminal Defense Lawyer for Firearms Offenses, Criminal Defense Lawyer in Arlington Virginia, Reckless Handling of a Firearm in Virginia, Felony Grand Larceny Charges in Fairfax County DROPPED at Preliminary Hearing. A. The maximum penalty for brandishing a firearm in Virginia is 12 months [], Fairfax, Virginia Criminal Defense Attorney Case Result: Client was initially found guilty of Assault with a firearm in the Fairfax County General District Court and sentenced to 5 days in jail. That means a judge must make the decision based on what the judge's definition of reckless is. If the violation is committed while hunting or trapping, the civil penalty of license revocation may also be imposed. Any person violating this section shall be guilty of a Class 1 misdemeanor. x=r8?Q o5]r'e$[SyP,%%o %i*+ ;2O.K_z6~y'WrR/u6V''Wg~ H$Xj-? It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. The first such offense is a misdemeanor, while any subsequent offense is a felony. Appellant argues that we should employ the definition of firearm applicable to Code 18.2308.2 in assessing the sufficiency of the evidence for his conviction under Code 18.256.1(A). Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Lee also responded, I don't know when asked if it was a squirt gun. He then heard two or three loud gunshots. Reckless handling of firearms; reckless handling while hunting on Westlaw. 1w"kv9 Lee testified that appellant had a handgun. . As you can tell these charges are serious by their very nature. We serve Alexandria, Fairfax, Arlington & DC.Meetings by appointment only. 2013, c. 746; 2015, cc. A. Unlawfully discharging a gun. This prohibited discharge of firearms shall not apply to the killing of deer pursuant to Code of Virginia, 29.1-529 on land of at least five acres that is zoned for agricultural use. Lee went outside and called out for the money. Looking to hire anexperienced criminal defense attorneyfor Federal or Northern VirginiaFelony orMisdemeanor charges? Over the last few years our law firm decided to put an emphasis on working with clients who lost their rights to possess a firearm. (a) It shall be unlawful for any person to point, or brandish any firearm, as hereinafter described, or any object similar in appearance to a firearm, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another. Shooter was charged with violation of Va. Code 18.2-56.1 (a) making it unlawful for any person to handle recklessly any guns so as to endanger life, limb, or property of any person. Thus, firing two shots would be two counts of unlawful discharge. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. All pistols, shotguns, rifles, dirks, bowie knives, switchblade knives, ballistic knives, razors, slingshots, brass or metal knucks, blackjacks, stun weapons, and other weapons used by any person in the commission of a criminal offense, shall, upon conviction of such person, be forfeited to the Commonwealth by order of the court trying the case. We agree and reverse his conviction. A violation of this Subsection shall be punishable as a Class 3 misdemeanor. <> An individual who has a felony charge pending or a charge pending for an offense listed in subdivision 14 or 15 of 18.2-308.09, holding a permit for a concealed handgun, may have the permit suspended by the court before which such charge is pending or by the court that issued the permit. The Department shall keep a list which shall be furnished upon request to any law-enforcement officer, the attorney for the Commonwealth or court in this Commonwealth, and such list shall contain the names and addresses of all persons whose license or privilege to hunt or trap while in possession of a firearm has been revoked and the court which took such action. The time was about 9:30 p.m., and it was dark outside. Any person who handles any firearm in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony.

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