|Introduced in House||Passed House||Introduced in Senate||Passed Senate||Became Law|
Firearms or other weapons; unauthorized to possess on school property.
Provides that no school board may authorize or designate any person to possess a firearm on school property other than those persons expressly authorized by statute. The bill also clarifies that no exemption exists for a special conservator of the peace to possess a firearm or other weapon on school property.
Be it enacted by the General Assembly of Virginia:
� 18.2-308.1. Possession of firearm, stun weapon, or other weapon on school property prohibited; penalty.
A. If any person knowingly possesses any (i) stun weapon as defined in this section; (ii) knife, except a pocket knife having a folding metal blade of less than three inches; or (iii) weapon, including a weapon of like kind, designated in subsection A of � 18.2-308, other than a firearm; upon (a) the property of any public, private or religious elementary, middle or high school, including buildings and grounds; (b) that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place; or (c) any school bus owned or operated by any such school, he is guilty of a Class 1 misdemeanor.
B. If any person knowingly possesses any firearm designed or intended to expel a projectile by action of an explosion of a combustible material while such person is upon (i) any public, private or religious elementary, middle or high school, including buildings and grounds; (ii) that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place; or (iii) any school bus owned or operated by any such school, he is guilty of a Class 6 felony.
C. If any person knowingly possesses any firearm designed or intended to expel a projectile by action of an explosion of a combustible material within a public, private or religious elementary, middle or high school building and intends to use, or attempts to use, such firearm, or displays such weapon in a threatening manner, such person is guilty of a Class 6 felony and sentenced to a mandatory minimum term of imprisonment of five years to be served consecutively with any other sentence.
D. The exemptions set out in �� 18.2-308 and
18.2-308.016 shall apply, mutatis mutandis, to the provisions of this section.
The provisions of this section shall not apply to (i) persons who possess such
weapon or weapons as a part of the schools curriculum or activities; (ii) a
person possessing a knife customarily used for food preparation or service and
using it for such purpose; (iii) persons who possess such weapon or weapons as
a part of any program sponsored or facilitated by either the school or any
organization authorized by the school to conduct its programs either on or off
the school premises; (iv) any law-enforcement officer, or retired
law-enforcement officer qualified pursuant to subsection C of � 18.2-308.016;
(v) any person who possesses a knife or blade which he uses customarily in his
trade; (vi) a person who possesses an unloaded firearm that is in a closed
container, or a knife having a metal blade, in or upon a motor vehicle, or an
unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle; (vii)
a person who has a valid concealed handgun permit and possesses a concealed
handgun while in a motor vehicle in a parking lot, traffic circle, or other
means of vehicular ingress or egress to the school; (viii) a school security
officer authorized to carry a firearm pursuant to � 22.1-280.2:1; or (ix) an
armed security officer, licensed pursuant to Article 4 (� 9.1-138 et seq.) of
Chapter 1 of Title 9.1, hired by a private or religious school for the
protection of students and employees as authorized by such school. For the
purposes of this
paragraph subsection, "weapon"
includes a knife having a metal blade of three inches or longer and
"closed container" includes a locked vehicle trunk.
E. Nothing in subsection D or any other provision of law shall be construed as providing an exemption to the provisions of this section for a special conservator of the peace appointed pursuant to � 19.2-13, other than the specifically enumerated exemptions that apply to the general population as provided in subsection D.
F. As used in this section:
"Stun weapon" means any device that emits a momentary or pulsed output, which is electrical, audible, optical or electromagnetic in nature and which is designed to temporarily incapacitate a person.
� 22.1-280.2:4. School boards; firearms on school property.
No school board may authorize or designate any person to possess a firearm on school property other than those persons expressly authorized by statute.
|02/26/2020||Senate||Senate: Passed Senate (21-Y 19-N)|
|02/25/2020||Senate||Senate: Constitutional reading dispensed (39-Y 0-N)|
|02/24/2020||Senate||Senate: Reported from Judiciary (9-Y 5-N)|
|02/12/2020||Senate||Senate: Referred to Committee on the Judiciary|
|02/11/2020||House||House: VOTE: Passage (54-Y 46-N)|
|02/07/2020||House||House: Reported from Public Safety (13-Y 9-N)|
|01/07/2020||House||House: Prefiled and ordered printed; offered 01/08/20 20104100D|
|01/07/2020||House||House: Referred to Committee on Public Safety|