Startin v. Commonwealth

Summary

The Supreme Court of Virginia held that a nonfunctional commemorative replica handgun may qualify as a “firearm” under Virginia Code § 18.2-53.1 when it gives the appearance of having the capability to fire a projectile. The court affirmed Duane Elmer Startin, Jr.’s convictions for using or displaying a firearm during the commission of a felony, relying on the statute’s purpose of preventing fear of physical harm. The court distinguished the broader definition applicable under § 18.2-53.1 from the narrower definition used in the firearm-possession statute.

Holdings

1. For purposes of Code § 18.2-53.1, the term firearm includes an instrument that is not capable of firing a projectile but gives the appearance of having the capability to fire a projectile.
2. The evidence was sufficient to prove that Startin used or displayed a firearm within the meaning of Code § 18.2-53.1 because the replica had the appearance of an actual firearm and was used in a threatening manner during the robberies.

Questions Presented

1. Whether a nonoperational commemorative replica handgun that has the appearance of an actual firearm qualifies as a firearm under Code § 18.2-53.1.
2. Whether the evidence was sufficient to support Startin's convictions for using or displaying a firearm during the commission of a felony.

Disposition

affirmed