I am an assistant district attorney (called a “state” attorney in Florida).
It sounds like Virginia’s “brandishing” statute is the equivalent of Florida’s aggravated assault statute. An assault is a threat to do harm with the apparent means to carry it out the threat that creates a well founded fear in the mind of the victim. The assault is “aggravated” if it is made with a weapon.
Florida has a long line of cases that examines what sort of conduct does and does constitute an actual threat and cases are highly fact specific. For instance, someone lifting their shirt to show a gun in their waistband could be a threat even if the person doesn’t hold or point the gun at anyone. Yet in another circumstance the action might not be a threat.
I don’t see what the problem with the law is. Either the guy was holding the gun in a manner a reasonable person would find threatening, or he wasn’t. Its probably a question of fact for a jury to decide.