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2003 SESSION

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HB 1907 Student expulsions; possession of air rifle or BB gun.

Introduced by: James F. Almand; Resigned 8/03 | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Student expulsions; possession of air rifle or BB gun. Modifies the "Gun-Free Schools" statute to add possession of an air rifle or BB gun on school property or at a school-sponsored activity to those firearms-related offenses for which school boards are to expel students for one calendar year, unless the school board determines that "special circumstances exist and no disciplinary action or another disciplinary action or another term of expulsion is appropriate."

The current weapons, firearms, and destructive device definitions in the Gun-Free Schools and criminal statutes do not clearly address air rifles or BB guns. Under current law, students are to be expelled (unless "special circumstances" exist) for possession of "firearms," defined in the Gun-Free Schools statute as "any destructive device," and those weapons that may "expel a projectile by the action of an explosive," those weapons prohibited on school property or at school-sponsored activities in § 18.2-308.1." Section 18.2-308.1, in turn, cross-references and incorporates the definition of "weapons" listed in § 18.2-308 A, which includes various knives as well as "any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material."

The measure does not alter the definition of "firearm" in the criminal statutes or within the Gun-Free Schools provision.


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