Is a private daycare off limits?

Is a private daycare off limits?

This is a discussion on Is a private daycare off limits? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I have read the State Police law site on carry limitations, one place in the VA state police laws say no carry in private, public, ...

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Thread: Is a private daycare off limits?

  1. #1
    Member Array I3ear17's Avatar
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    Is a private daycare off limits?

    I have read the State Police law site on carry limitations, one place in the VA state police laws say no carry in private, public, or religious elementary, middle, or high school. Another VCDL adds K-12. Ok I get that.

    But does anyone know if that pertains to a privately owned pre-school or daycare? It's not in any sort of marked school zone and shares a parking lot with other businesses. I usually put it in a lock box on drop off and pickup of the kiddos, but really hate un and re-holstering if I don't need to.

    Just wondering if anyone has checked into this? Am I being unnecessarily cautious in this situation?


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

    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.

    To the best of my knowledge pre-schools do not fall into the category of elementary/middle or high schools. If, however an elementary school also houses a pre-school, that would be against the law to carry into.
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    Quote Originally Posted by Harryball View Post
    USCCA is giving total erroneous BS information. The following link gives you the actual VA State law:

    LIS > Code of Virginia > 18.2-308.1
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    Member Array I3ear17's Avatar
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    Quote Originally Posted by archer51 View Post
    USCCA is giving total erroneous BS information. The following link gives you the actual VA State law:

    LIS > Code of Virginia > 18.2-308.1
    Yep, that's where I was pulling my info from. The daycare is a stand-alone building.

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    Member Array Dan.1977P's Avatar
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    Is it daycare or a school? If it's just a private daycare you could be trespassing if they ask you to leave or have a proper sign, otherwise keep it on you.
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    Quote Originally Posted by Harryball View Post
    Wow, that's a page worth working hard to have eliminated from the statutes.
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    Quote Originally Posted by Eagleks View Post
    Wow, that's a page worth working hard to have eliminated from the statutes.
    Could be worse. It could be Ohio, where a strict reading of the definition of a daycare includes when your kid's friends come over to play. (Basically, if there are children in the home who don't belong the the home owner.). Everybody is pretty sure that's not actually what was intended by the legislature, bit that's how it's written.

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    Member Array I3ear17's Avatar
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    Quote Originally Posted by Eagleks View Post
    Wow, that's a page worth working hard to have eliminated from the statutes.
    Yeah, seems like a lot of misinformation in there.

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    Quote Originally Posted by Voice View Post
    Could be worse. It could be Ohio, where a strict reading of the definition of a daycare includes when your kid's friends come over to play. (Basically, if there are children in the home who don't belong the the home owner.). Everybody is pretty sure that's not actually what was intended by the legislature, bit that's how it's written.

    Source?
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    Quote Originally Posted by Rotorflyr View Post
    Source?
    Discussions on the topic on the OFCC forums, complete with citations of Ohio Revised Code. It's either 3, or more than 3 kids (under the age if 18, IIRC) where at least one of them is not related to the adult in charge is a 'daycare' by a strict reading of the law. Strictly speaking, there isn't even a requirement that money changes hands.

    Ohio has a classification of 'daycare' that doesn't require a license of any sort, and daycares are statutory no-carry zones (felony-grade). I suspect that the only way someone would run afoul of carrying in their own home or even the home of a friend would be if they advertised themselves as a daycare, but that's not what a strict reading of the law indicates.

    I'll try to dig up a link to the thread, but it was months ago, so I can't make any guarantees.

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