Damon Phineas Jordan v. Commonwealth of Virginia

The majority holds Jordan’s act of pointing an object appearing to be a firearm at Matthew Arrowood’s head is sufficient evidence to support the jury’s finding that the object “was designed, made, and intended to expel a projectile by means of explosion.” Armstrong v. Commonwealth, 263 Va. 573, 584, 562 S.E.2d 139, 145 (2002). Because I believe this ruling effectively nullifies the distinction the Supreme Court has drawn between the definition of a firearm under Code § 18.2-53.1 (which prohibits the use or display of a firearm in the commission of certain specific felonies) and the definition…