SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2010 SESSION
10101085DBe it enacted by the General Assembly of Virginia:
1. That § 18.2-308.1 of the Code of Virginia is amended and reenacted as follows:
§ 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 with the intent to use such firearm unlawfully or
to threaten or endanger another person, or actually attempts to use such
firearm unlawfully or to threaten or endanger another person,
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. If
the person possesses unlawfully discharges 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, while upon any such place set
forth in clause (i), (ii), or (iii),
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.
As used in this section:
"Stun weapon" means any device that emits a momentary or pulsed output, which is electrical, audible, optical or electromagnetic in nature and which is designed to temporarily incapacitate a person.