§ 18.2-308.1 Possession of firearm, stun weapon, or other weapon on school property prohibited.

History

This law was first passed in 1979. It was updated in 1988, 1990, 1991, 1992, 1995, 1999, 2001, 2003, 2004, 2005, 2007, and 2011.

Amendment Attempts

2007
- HB1866: Firearms on school property; increases penalty for pneumatic weapons. (failed)
- HB2652: Concealed weapons; amends provisions relating thereto. (failed)
- HB2769: Pocket knives on school property; amends exception that allows person to carry. (failed)
- HB2853: Stun weapons; eliminates references to tasers throughout Code.
- HB3013: Firearms on school property; misdemeanor to possess pneumatic weapons thereon. (failed)
2008
- HB136: School; definition thereof for purposes of prohibiting weapons on school grounds. (failed)
- HB210: Private schools and child day centers; armed security officers may carry firearms onto property. (failed)
2009
- HB1822: Handguns; exempts permit holders from prohibition against carrying onto school property. (failed)
2010
- HB1214: Firearm on public school property; prohibits those in closed container in motor vehicle. (failed)
- HB475: Concealed handgun permit; permit to carry in part of school building not being used for activities. (failed)
- HB489: Concealed weapon and concealed handgun permits; reorganizes existing law. (failed)
- HB72: Firearms; possession with intent to use on school property is a Class 1 misdemeanor. (failed)
- SB580: Airsoft guns; prohibited on school property. (failed)
2011
- HB2386: Concealed weapons permit; authorizes person to obtain permit to carry any lawfully possessed weapon. (failed)
- SB903: Violent felony; possession of firearm on school property prohibited, penalty. (passed)
2012
- HB139: Concealed handguns; persons who may lawfully carry hidden from common observation, penalty. (failed)
2013
- HB1557: School boards; training for persons designated to carry concealed handguns on school property. (failed)
- HB1582: Armed security officers; protection of schools and child day centers. (passed)
- HB1693: Firearms; removes specific exception for possession on public school property, penalty. (failed)
- HB2269: Mandatory minimum sentences; terms of confinement or imprisonment to be served consecutively. (passed)
- HB2277: School security officers; officers shall be retired law-enforcement officers. (failed)
- SB1377: Explosive devices or firearms; possession of with intent to commit violent felony; penalties. (failed)
- SB832: Mandatory minimum sentences; terms of confinement or imprisonment to be served consecutively. (passed)

Court Decisions

Arous John Phillips v. Commonwealth of Virginia (COA, 07/13/10)
Appellants conviction for recruitment of a juvenile for membership in a criminal street gang is affirmed; appellants conviction for felony participation in criminal activity for the benefit of a criminal street gang that includes a juvenile is reversed, and the case is remanded to the trial court
Garrett Scott McNamara v. Commonwealth of Virginia (COA, 05/18/10)
Appellants conviction of possession of machete on school grounds under Code 18.2-308.1(A) reversed and dismissed where a machete is a type of knife within the meaning of Code 18.2-308.1(B)(iv) exceptions and his possession of the machete in his vehicle on school grounds was legal
Shiron W. Herron, Jr. v. Commonwealth of Virginia (COA, 02/23/10)
Trial court did not err in finding evidence sufficient to support finding that appellant voluntarily possessed drugs inside a correctional facility as appellant had been warned of consequences of taking drugs into correctional facility and chose not to disclose presence of drugs; decision not to disclose drugs does not violate right against self-incrimination
Tyrone Alonzo Bullock v. Commonwealth (COA, 07/05/06)
Trial court did not err in refusing to consider the possibility of allowing appellant to serve any part of his sentences in a juvenile facility and in concluding it lacked the discretion to suspend any portion of the mandatory minimum sentences on the firearm convictions or to set those sentences to run concurrently
Dwayne Earl Branch v. Commonwealth (COA, 03/23/04)
No error in trial court's determination of guilt, appellant was convicted of a felony and thereafter, knowingly and intentionally purchased, and consequently possessed, the firearm.

Cross References

§ 16.1-246 When and how child may be taken into immediate custody.
§ 17.1-805 Adoption of initial discretionary sentencing guideline midpoints.
§ 18.2-46.1 Definitions.
§ 18.2-57 Assault and battery.
§ 18.2-57.02 Disarming a law-enforcement or correctional officer; penalty.
§ 18.2-283.1 Carrying weapon into courthouse.
§ 18.2-287.01 Carrying weapon in air carrier airport terminal.
§ 18.2-308.2 Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for permit; when issued.
§ 19.2-81 Arrest without warrant authorized in certain cases.
§ 19.2-120 Admission to bail.
§ 19.2-386.28 Forfeiture of weapons that are concealed, possessed, transported or carried in violation of law.
§ 22.1-277.07 Expulsion of students under certain circumstances; exceptions.

Cite As

Official: Va. Code § 18.2-308.1
Universal: VA Code § 18.2-308.1

Trust, But Verify

If you’re reading this for anything important, you should double-check its accuracy—read § 18.2-308.1 on the official Code of Virginia website.

Keyboard Guide

A. If any person 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 shall be guilty of a Class 1 misdemeanor. ¶

B. If any person 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 shall be guilty of a Class 6 felony. ¶

C. If any person 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 shall be 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. ¶

The exemptions set out in § 18.2-308 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 school’s 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; (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; or (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. For the purposes of this paragraph, “weapon” includes a knife having a metal blade of three inches or longer and “closed container” includes a locked vehicle trunk. ¶

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. ¶

History

This law has been modified 12 times since it was first created in 1979. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1988, chapter 493; in 1990, chapters 635, 744, ; in 1991, chapter 579; in 1992, chapters 727, 735, ; in 1995, chapter 511; in 1999, chapters 587, 829, 846; in 2001, chapter 403; in 2003, chapters 619, 976; in 2004, chapters 128, 461; in 2005, chapters 830, 928; in 2007, chapter 519; in 2011, chapter 282.

Virginia Decoded

The Virginia state code, for humans.

§ 18.2-308.1 Possession of firearm, stun weapon, or other weapon on school property prohibited.

History

Amendment Attempts

Court Decisions

Cross References

Cite As

Trust, But Verify

History

Comments

§ 18.2-308.1 Possession of firearm, stun weapon, or other weapon on school property prohibited.

History

Amendment Attempts

Court Decisions

Cross References

Related Laws

Cite As

Trust, But Verify

History

Comments