This is in the category of I cannot believe it. I am a Neighborhood Watch Coordinator. Some bad neighbors are upset that I have called the police about their delinquents illegally riding ATVs and racing down the street. As part of patrolling my neighborhood (which we are encouraged to do) I typically use concealed carry (and have the CHP for it!). Several months ago there was an incident that I had to call the police for I ended up exiting my vehicle when I happened to be in open carry (again, legal in Virginia). Mind you, I never removed the gun from the holster, never touched the gun and never even talked to anyone other than the police while I had the gun visible.
Now I'm told that one of those bad neighbors is trying to get charges filed against me for brandishing under Virginia Code -- I assume because he is ticked off that when he beat on my door yesterday upset that I chased his little delinquents from my yard where they were trespassing (no gun carried at all nor any threat of any!), I then ordered him from my property (the parent). When he refused to leave I called the police who then responded.
In Virginia has it become brandishing simply because I wore a gun???