NoVa Community College question

NoVa Community College question

This is a discussion on NoVa Community College question within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; From their website: Policies :: Northern Virginia Community College Firearms/Dangerous Weapons and Materials Policy Bringing firearms and other dangerous weapons onto campus is prohibited. It ...

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Thread: NoVa Community College question

  1. #1
    Member Array nkanofolives's Avatar
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    NoVa Community College question

    From their website:

    Policies :: Northern Virginia Community College

    Firearms/Dangerous Weapons and Materials Policy

    Bringing firearms and other dangerous weapons onto campus is prohibited. It is a violation of the rules to carry weapons or to leave them in a car parked on the campus. The only exception applies to duly sworn law enforcement officers. While civilian-attired police officers have the authority to carry firearms, they must do so by keeping them concealed so as not to alarm others. Bringing explosives and other dangerous chemicals onto campus is also prohibited.



    No specific laws are mentioned, they are calling them "rules." If one were to break these rules, what is the WORST that the college could do to you? Kick you out/off campus, not allow you to take classes there again?

    Also, not allowed to leave your weapon in your car on campus property? I thought that Virginia had a law that superseded such policies.

    Thanks!


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    From handgunlaws.us

    No person shall carry a concealed handgun onto the premises of any restaurant or club as defined in 4.1-100 for which a license to sell and serve alcoholic beverages for on-premises consumption has been granted by the Virginia Alcoholic Beverage Control Board under Title 4.1 of the Code of
    Virginia, nothing herein shall prohibit any owner or event sponsor or his employees from carrying aconcealed handgun while on duty at such restaurant or club if such person has a concealed handgunpermit. NOTE: only concealed handguns are prohibited - openly carried handguns are allowed
    Private property when prohibited by the owner of the property, or where posted as prohibited. Violation is a trespass charge and not a firearms violation
    Carrying dangerous weapon to place of religious worship while a meeting for religious purposes is being held unless you have "good and sufficient reason." There is no known definition of what a good and sufficient reason would be. Violation is a minor crime, punishable by a fine of up to $100.
    Courthouse. Violation is a high-level misdemeanor
    School property/school functions (School busses are school property) unless gun is unloaded, in an enclosed container (but NOT in the glove box or console) and in the vehicle. A car's trunk is considered an enclosed container. However, a concealed handgun permit holder can have a loaded, concealed handgun in the vehicle while in the school parking lot, traffic circle, etc. The concealed handgun and the permit holder must stay in the vehicle. Firearms are not banned from property open to the public where a school function is being held unless that property is being used exclusively for the school function. Violation of this statute is a felony
    Virginia Commonwealth University (8VAC90-10-50). Violation is a trespass charge
    Non-secure areas of airport terminals are off limits unless you are a passenger and you have your gun unloaded, in a locked container in your checked luggage, and declare the gun at the check-in counter. Violation is a high-level misdemeanor.
    Regional Jail or Juvenile Detention Facility.

  3. #3
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    Rules not laws

    In Virginia, these are rules that can only apply to employees and students, not to the general public .

    Yes, they can terminate your "contract" as a student or employee, for misconduct under the rules.

    However, no laws would be broken by carrying.
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    Quote Originally Posted by archer51 View Post
    From handgunlaws.us
    Community Colleges are public not private. So, the trespass law does not apply.

    15.2-915. Control of firearms; applicability to authorities and local governmental agencies.

    A. No locality shall adopt or enforce any ordinance, resolution or motion, as permitted by 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.

    Nothing in this section shall prohibit a locality from adopting workplace rules relating to terms and conditions of employment of the workforce. Nothing in this section shall prohibit a law-enforcement officer, as defined in 9.1-101 from acting within the scope of his duties.

    The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail or juvenile detention facility.

    B. Any local ordinance, resolution or motion adopted prior to the effective date of this act governing the purchase, possession, transfer, ownership, carrying or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid.

    C. In addition to any other relief provided, the court may award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in an action challenging (i) an ordinance, resolution, or motion as being in conflict with this section or (ii) an administrative action taken in bad faith as being in conflict with this section.


    School in Virginia means K-12

    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.

    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; however, if the person possesses any firearm 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 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.
    Last edited by DaveH; September 11th, 2009 at 12:54 PM.
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    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

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    If you, as a registered student, are caught carrying on campus, you could be expelled from the school. If that happens, it may be difficult to be accepted into any other institue of higher education, so be very careful. If you are considering carrying in violation of the rules, carry deeply concealed and tell nobody. You might consider carrying only when you are on campus at night.

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    Quote Originally Posted by jofrdo View Post
    If you, as a registered student, are caught carrying on campus, you could be expelled from the school. If that happens, it may be difficult to be accepted into any other institue of higher education, so be very careful.


    Absolutely
    Μολὼν λαβέ

    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

  7. #7
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    Quote Originally Posted by jofrdo View Post
    If you, as a registered student, are caught carrying on campus, you could be expelled from the school. If that happens, it may be difficult to be accepted into any other institue of higher education, so be very careful.
    Just move to Utah :D

    (State law prohibits colleges from banning firearms on campus)

  8. #8
    Senior Member Array rljohns's Avatar
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    Since you are in the same state as Virginia Tech, I would be very discreet and careful. When I was going to College here in Colorado a couple years ago I was extremely discreet, told no one, and made sure I was caught on security cameras doing anything tell-tell. Make sure not to re-arrange under surveillance, that is a typical mistake by newbies.

    I didn't see one single posted sign at my school, but I'm sure they had some deeply hidden policy against CCW. It was private school so they could have terminated my relationship as a student if I were careless and reported. Here in CO signs and buried intentions have no weight of law. I would need to be ask to leave and refuse before legal action would be appropriate.

    With that said be very careful of actions and discussions. I would suggest not even getting into 2nd Amendment conversations, self-defense conversations, or any conversation that makes any of the students uncomfortable.

    I made a small mistake of being a little on the edge in one class where my business plan was to open an indoor pistol range. My instructor was very vocal and very pro-2nd Amendment. He was often defending elk hunting, shooting in general, and pro-gun in general. He often approached it from a business case point of view.

    Your biggest challenge will be handling all the diverse students from countries where firearms are NEVER seen, nor discussed except in terms of evil. If such a student caught a single glance of a firearm by anyone not in some uniform they would probably pull the fire alarm out of sheer fear. That happen to an employee at my company in another location. He simply said that if anyone came in the building he had his own plan to stop them, another employee "felt threatened" so they pulled the fire alarm. He was promptly terminated for violating policy.

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    Senior Member Array rljohns's Avatar
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    Quote Originally Posted by KralBlbec View Post
    Just move to Utah :D

    (State law prohibits colleges from banning firearms on campus)
    So does Colorado law, except if they metal detect every single person entering each bldg. Our problem is that CU-Boulder considers themself under "Home Rule" and exempt from state law.

    CSU allows CCW under the demand of the County Sheriff. The sheriff advised CSU not to try and violate state law.

  10. #10
    Member Array nkanofolives's Avatar
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    No one still has addressed the gun in the car while on campus. Is that legal? Are they (the college) allowed to make such a "rule"???

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    Quote Originally Posted by nkanofolives View Post
    No one still has addressed the gun in the car while on campus. Is that legal?
    Legal? Yes.

    Against the rules? No

    Re: OP the rule quoted said "onto campus ."

    Quote Originally Posted by nkanofolives View Post
    Are they (the college) allowed to make such a "rule"???
    In Virginia, yes. Most public funded colleges here have and enforce such rules.
    Μολὼν λαβέ

    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

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