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2002 SESSION
025984696Patrons-- Darner, Almand, Baskerville, Christian, Crittenden, Dillard, Hull, Jones, J.C., Plum, Scott, Van Landingham, Van Yahres and Watts; Senators: Barry, Byrne, Howell, Miller, Y.B., Ticer and Whipple
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 18.2-308.1:6 as follows:
18.2-308.1:6. Establishment of optional gun-free school zones; penalty.
A. Notwithstanding the provisions of § 18.2-308.1, each school division may establish a "gun-free school zone" encompassing the physical boundaries of the school property and those areas under exclusive use by the school division for school-sponsored functions or extracurricular activities, provided that the local governing body has adopted an ordinance enabling the school division to establish such zones.
B. Before creating any gun-free school zone, a school board shall obtain public comment through a public hearing no fewer than ten days after giving reasonable notice to the public in a newspaper of general circulation in the school division.
C. No firearms shall be allowed within a gun-free school zone under any conditions or circumstances unless (i) used in a school-sponsored curriculum or program or (ii) in the possession of any law-enforcement officer, military personnel or government official with the authority to carry a firearm, while any such person is engaged in his duties as such. A notice warning of the prohibition of the possession of firearms in a school zone shall be posted at (a) all entrances to the school property, (b) around the perimeter of the property, and (c) at all off-campus, school-sponsored or extracurricular events in areas under the exclusive use by the school division.
D. Violation of this section is a separate and distinct offense. Any person who knowingly possesses any firearm while within a gun-free school zone is guilty of a Class 4 misdemeanor and may be punished pursuant to this section or any other applicable provision of law.