Question on interpreting VA law

This is a discussion on Question on interpreting VA law within the General Firearm Discussion forums, part of the Related Topics category; http://leg1.state.va.us/cgi-bin/legp...cod+18.2-308.1 Skip to the bolded section of the code, then my question at bottom. § 18.2-308.1. Possession of firearm, stun weapon, or other weapon on ...

Results 1 to 4 of 4

Thread: Question on interpreting VA law

  1. #1
    VIP Member Array paramedic70002's Avatar
    Join Date
    Jun 2006
    Location
    Franklin, VA
    Posts
    5,122

    Question on interpreting VA law

    http://leg1.state.va.us/cgi-bin/legp...cod+18.2-308.1

    Skip to the bolded section of the code, then my question at bottom.

    § 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 (dictionary.com: "with the necessary changes"), 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.

    So, I can carry my weapon into school as long as it is in a closed container and is unloaded? I think I've found a new use for one of those plastic storage gun boxes. Doesn't say it has to be locked, just closed. Doesn't say ammo unavailable, just unloaded. Hmmm.
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

    Guns Save Lives. Paramedics Save Lives. But...
    Paramedics With Guns Scare People!

  2. Remove Ads

  3. #2
    Member Array prawls's Avatar
    Join Date
    May 2007
    Location
    VA
    Posts
    236
    Its in "legalese", which stinks, but I would take vi. to apply specifically to when in a vehicle.
    CARRY GUNS:
    S&W 638, Ruger LCP, Kimber Ultra CDP

  4. #3
    Member Array dls56's Avatar
    Join Date
    Apr 2007
    Location
    VA
    Posts
    132
    I think it means you can have an unloaded gun in its case (or locked trunk) in your vehicle while it's on school property. You can't really parse out one sentence the paragraph defines better as a whole.
    Disclaimer: I'm not a lawyer and this is only my (layman) interpretation.

  5. #4
    Administrator
    Array QKShooter's Avatar
    Join Date
    Dec 2004
    Location
    Off Of The X
    Posts
    35,107

    Post

    Probably a question best posed to a representative of the legislative branch of VA unless we have a VA lawyer that's a member here.
    Seems quite poorly written to me.
    Liberty Over Tyranny Μολὼν λαβέ

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Question from a previous question
    By NCConcealed in forum Defensive Carry Guns
    Replies: 11
    Last Post: July 4th, 2009, 11:15 PM
  2. Application question..question
    By ripntear in forum Concealed Carry Issues & Discussions
    Replies: 13
    Last Post: September 3rd, 2008, 06:23 PM
  3. Interpreting my target
    By Doc Holliday in forum General Firearm Discussion
    Replies: 13
    Last Post: January 10th, 2007, 01:41 PM

Search tags for this page

a person who possesses an unloaded firearm that is in a closed container, or a knife having a metal blade, in or upon a

Click on a term to search for related topics.