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.
1999 SESSION
988612138Patrons-- Brink, Albo, Almand, Callahan, Darner, Devolites, Hull, Keating, Plum, Puller, Van Landingham and Watts; Senators: Barry, Gartlan and Howell
Be 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.
If any person has in his possession any (i) stun weapon or taser as defined in
this section or, (ii) knife having a metal blade of three inches or longer, [
provided that the provisions of this act shall not apply to butter knives, or other implements used for food
consumption or preparation whether or not on school property, ] or (iii)
weapon, other than a firearm, designated in subsection A of § 18.2-308
upon (i) the property of any public, private or parochial elementary, middle or
high school, including buildings and grounds, (ii) that portion of any property
open to the public 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
1 misdemeanor. If any person has in his possession any firearm designed or
intended to propel a missile of any kind while such person is upon (i) any
public, private or parochial elementary, middle or high school, including
buildings and grounds, (ii) that portion of any property open to the public
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.
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 [
persons who possess such weapon or weapons as a part of the curriculum or other
programs sponsored by the school or any organization permitted by the school to use
its premises or to any law-enforcement officer while engaged in his duties as such.
In addition, this section shall not apply to possession of an unloaded firearm
which is in a closed container in or upon a motor vehicle or an unloaded
shotgun or rifle in a firearms rack in or upon a motor vehicle. (i) persons who
possess such weapon or weapons as a part of the school's curriculum or
activities, including food service, (ii) 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, (iii) any law-enforcement officer while engaged in
his duties as such, (iv) any person who possesses a knife or blade which he
uses customarily in his trade, or (v) a person who possesses an unloaded
firearm which 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. ]
As used in this section:
"Stun weapon" means any mechanism that is (i) designed to emit an electronic, magnetic, or other type of charge that exceeds the equivalency of a five milliamp sixty hertz shock and (ii) used for the purpose of temporarily incapacitating a person; and
"Taser" means any mechanism that is (i) designed to emit an electronic, magnetic, or other type of charge or shock through the use of a projectile and (ii) used for the purpose of temporarily incapacitating a person.