HB 1080

            
2020 SESSION


CHAPTER 1037

An Act to amend and reenact � 18.2-308.1 of the Code of
Virginia and to amend the Code of Virginia by adding a section numbered
22.1-280.2:4, relating to firearms or other weapons on school property.

[H 1080]

Approved April 10, 2020

 

Be it enacted by the General Assembly of Virginia:

1. That � 18.2-308.1 of the Code of Virginia is amended and
reenacted and that the Code of Virginia is amended by adding a section numbered
22.1-280.2:4 as follows:

� 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.