Jonah Patel
In Virginia, it is a crime to possess a firearm or weapon on school property. This includes public, private, and religious schools, from preschools to universities. The specific definition of what constitutes a weapon varies, but it generally includes firearms, stun weapons, and other dangerous weapons such as knives. The penalties for possessing a weapon on school property depend on the type of weapon and can range from a Class 1 misdemeanor to a Class 6 felony, with punishments including fines, imprisonment, or both. There are, however, some exceptions to these laws, such as weapons used as part of a school curriculum or by law enforcement officers. Understanding the specific laws and penalties is crucial for Virginia residents to avoid legal consequences and ensure the safety of students and staff in educational institutions.
| Characteristics | Values |
|---|---|
| Type of weapons | Firearms, stun weapons, knives (other than certain pocket knives), or other dangerous weapons |
| Type of school property | Public, private, or religious elementary, middle, or high school, including buildings and grounds; school bus; portion of property open to the public used exclusively for school-sponsored functions or extracurricular activities |
| Penalty for possessing a firearm | Class 6 felony; minimum term of imprisonment of five years served consecutively with any other sentence |
| Penalty for possessing a stun weapon, knife, or other dangerous weapon | Class 1 misdemeanor; punishable by up to 12 months in jail, a fine of up to $2,500, or both |
| Exemptions | Weapons used as part of the school's curriculum or activities; knives customarily used for food preparation or service; weapons used in programs sponsored or facilitated by the school or authorized organizations; law enforcement officers carrying handguns; knives or blades customarily used in one's trade; unloaded firearms in closed containers or firearms racks in motor vehicles; individuals with valid concealed handgun permits |
| College campuses | Private colleges may prohibit firearms on their grounds or buildings; public colleges may have restricted areas, but members of the public may be able to carry in some places like open grounds |
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Firearm possession on school property
In Virginia, it is a crime to possess a firearm on school property. This includes public, private, and religious elementary, middle, and high schools, as well as school buses. The law also applies to school-sponsored functions or extracurricular activities held on property open to the public.
Virginia Code § 18.2-308.1 defines the crime and the potential penalties. Possessing a firearm on school property is a Class 6 felony, which can result in a prison term of up to five years, a fine of up to $2,500, or both. However, if there is an intent to use, an attempt to use, or the firearm is displayed in a threatening manner within a school building, there is a mandatory minimum sentence of five years in prison.
There are specific exceptions to the law:
- Possession of a weapon as part of the school's curriculum or activities.
- Possession of a knife used for food preparation or service.
- Possession of a weapon as part of a program sponsored or facilitated by the school or an authorized organization, either on or off school grounds.
- Law enforcement officers or retired law enforcement officers qualified to carry a handgun.
- Possession of a knife or blade customarily used in one's trade.
- Possession of an unloaded firearm or stun weapon in a closed container, or a knife in a motor vehicle, or an unloaded shotgun or rifle in a firearms rack in a motor vehicle.
- Possession of a concealed handgun with a valid permit while in a motor vehicle in a parking lot, traffic circle, or other vehicular ingress or egress from the school.
It is important to note that private colleges and universities in Virginia may prohibit the carry of firearms on their grounds or in their buildings. Even public colleges and universities may have restricted areas, and their students and employees may be prohibited from carrying weapons. Therefore, it is recommended to check with the specific school to understand their policies.
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Stun weapons
In Virginia, it is a crime to possess a weapon on school property. This includes stun weapons, which are defined as any device designed to temporarily incapacitate a person with an electrical charge or an audible, optical, or electromagnetic output. Stun guns and Tasers are included in this definition, despite their differences in functionality. Stun guns require direct contact with the target, while Tasers work from a distance by shooting small darts attached to wires that deliver an electric shock.
Virginia law prohibits the possession of stun weapons on school property, and violations are classified as a Class 1 misdemeanour. This applies to public, private, and religious schools, including day centres, preschools, elementary, middle, and high schools. The law also covers school-sponsored functions and extracurricular activities held on portions of properties open to the public. Possessing a stun weapon on a school bus is also prohibited.
The penalty for knowingly possessing a stun weapon on school property in Virginia is a Class 1 misdemeanour, which can result in up to 12 months in jail, a fine of up to $2,500, or both. However, there are specific exceptions outlined in Virginia Code § 18.2-308.1(E) where individuals may not be convicted of possessing a stun weapon on school property. These exceptions include possessing a stun weapon as part of the school's curriculum or activities, for food preparation or service, or as part of a program sponsored or facilitated by the school or an authorised organisation.
Additionally, individuals with a valid concealed handgun permit can possess a stun weapon in a motor vehicle on school property. It is important to note that using a stun gun offensively is a crime in Virginia, and charges can range from misdemeanour to felony, depending on the circumstances. Virginia also prohibits individuals convicted of certain crimes or specific juvenile offences from possessing stun weapons outside of their homes or properties.
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Knives
In Virginia, it is a crime to possess a weapon on school property. The specific penalty depends on the type of weapon involved. Possessing a firearm or gun on school property is a Class 6 felony. On the other hand, possessing a knife (other than certain pocket knives), stun weapon, or other dangerous weapon on school property is a Class 1 misdemeanor, which is punishable by up to 12 months in jail, a fine of up to $2,500, or both.
Virginia law does not forbid the ownership of any knife type, although there are restrictions on certain types of knives. "Ballistic" knives and "switchblades" are restricted to the point of a practical prohibition. It is illegal to carry these knives concealed, and it is also illegal to sell or furnish them to a minor. Additionally, "dirks," "bowies," "stilettos," "machetes," and "razors" may not be carried concealed.
Virginia State knife law imposes few restrictions on pocketknives, which are defined as having a folding metal blade less than three inches long. This type of knife may be lawfully possessed on school grounds. However, it is unlawful to carry any other type of knife, whether openly or concealed, on school grounds, as well as in courthouses and airports.
There are specific exemptions to the law prohibiting weapons on school property. For example, possessing a knife customarily used for food preparation or service is allowed. Additionally, persons who possess a weapon as part of the school's curriculum or activities or a program sponsored or facilitated by the school are exempt from the law. Law enforcement officers qualified to carry handguns and individuals with a valid concealed handgun permit are also exempt.
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Exemptions
Curriculum or School Activities:
Weapons possessed as part of the school's curriculum or activities are exempt. This includes weapons used in programs sponsored or facilitated by the school or any authorized organization, both on and off the school premises.
Food Preparation or Service:
Knives customarily used for food preparation or service are exempt when used for their intended purpose.
Law Enforcement Officers:
Law enforcement officers, including retired officers qualified under specific provisions, are allowed to possess weapons on school property.
Trade or Work-Related Knives:
Individuals are allowed to possess knives or blades customarily used in their trade or line of work.
Unloaded Firearms and Stun Weapons in Vehicles:
Possession of unloaded firearms, stun weapons, or knives in a vehicle is permitted, provided they are in a closed container or a firearms rack. This includes unloaded shotguns or rifles in a firearms rack within the vehicle.
Concealed Handgun Permits:
Individuals with valid concealed handgun permits are allowed to possess concealed handguns or stun weapons in their vehicles, including in the parking lot or other vehicular ingress or egress areas of the school.
Residence on School Property:
Individuals whose residence is on school property, such as a child day center or preschool, are exempt from the law when possessing a firearm or other prohibited weapon while in their residence.
It is important to note that while these exemptions exist, Virginia has strict laws regarding weapons on school property, and individuals must exercise caution when carrying firearms or other weapons in school zones.
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Penalties
In Virginia, it is a crime to have a weapon on school property. The specific penalty depends on the type of weapon involved.
If a person knowingly possesses a stun weapon, a knife (except certain pocket knives), or another dangerous weapon (excluding a firearm) on school property, in school buildings, on property used by the school for a function or activity, or on a school bus, they are guilty of a Class 1 misdemeanour. A Class 1 misdemeanour is punishable by up to 12 months in jail, a fine of up to $2,500, or both a fine and jail term.
However, if a person knowingly possesses a firearm or gun on school property, in school buildings, on property used by the school for a function or activity, or on a school bus, they are guilty of a Class 6 felony. The penalty for a Class 6 felony includes a prison term of up to five years, a fine of up to $2,500, or both a fine and jail term.
It is important to note that there are specific exemptions to the law. For example, the provisions of this section do not apply to persons who possess a weapon as part of the school's curriculum or activities, or as part of any program sponsored or facilitated by the school or an authorized organization. Additionally, individuals with a valid concealed handgun permit may possess a loaded handgun in the parking lot or other vehicular ingress or egress from the school.
Virginia law also prohibits carrying firearms during after-school functions, even in places otherwise open to the public. This includes school-sponsored activities such as sports games, even when held on grounds generally accessible to the public.
Regarding college campuses, public colleges and universities typically prohibit their students and employees from carrying weapons. Private colleges may also prohibit the carry of firearms on their grounds or in their buildings. However, members of the public may be able to carry firearms in certain areas, such as the open grounds of a university.
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Frequently asked questions
In Virginia, a weapon can be a firearm, stun weapon, knife, or any other dangerous device. A stun weapon is defined as 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.
School property includes public, private, and religious elementary, middle, and high schools, including buildings and grounds. It also includes any school bus owned or operated by the school and any property used exclusively for school-sponsored functions or extracurricular activities.
Possessing a firearm on school property is a Class 6 felony. Possessing a stun weapon, knife, or other dangerous weapon on school property is a Class 1 misdemeanor, punishable by up to 12 months in jail, a fine of up to $2,500, or both.
