SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2002 SESSION

025984696
HOUSE BILL NO. 132
Offered January 9, 2002
Prefiled December 21, 2001
A BILL to amend the Code of Virginia by adding a section numbered 18.2-308.1:6, relating to the establishment of optional gun-free school zones; penalty.
----------

Patrons-- 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
----------
Referred to Committee on Militia, Police and Public Safety
----------

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.