West Virginia Gun Laws & Firearms Safety Practice Exam

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What constitutes brandishing a weapon in West Virginia?

  1. Carrying a firearm openly in public

  2. Displaying a firearm in a manner intended to intimidate

  3. Accidentally showing a concealed weapon

  4. Hunting with a licensed firearm

The correct answer is: Displaying a firearm in a manner intended to intimidate

The definition of brandishing a weapon in West Virginia is specifically linked to the intent behind displaying the firearm. When a firearm is shown in a manner that is intended to intimidate others, it constitutes brandishing. This act goes beyond merely carrying or possessing a firearm; it involves a deliberate display meant to instill fear or convey a threat. Carrying a firearm openly in public does not meet the criteria for brandishing, as it entails lawful and visible possession without the intent to intimidate. Accidentally showing a concealed weapon is not considered brandishing either, since there is no intention to intimidate in such cases. Hunting with a licensed firearm is also unrelated to the concept of brandishing, as it involves the lawful and responsible use of a firearm for sport, rather than an aggressive or threatening demeanor. Thus, the act that specifically embodies brandishing in West Virginia is the intentional display of a firearm to intimidate others.

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