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1999 SESSION

983314204
HOUSE BILL NO. 901
Offered January 26, 1998
A BILL to amend the Code of Virginia by adding a section numbered 18.2-283.2, relating to possessing a dangerous weapon in a publicly owned community or recreation center; penalty.
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Patrons-- Diamonstein, Almand, Christian, Crittenden, Croshaw, Darner and Williams; Senator: Maxwell
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Referred to Committee on Militia and Police
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-283.2 as follows:

§ 18.2-283.2. Possessing dangerous weapons in a publicly owned community center or recreation center in certain localities; penalty.

Notwithstanding the provisions of § 15.2-915, the governing bodies of the cities of Newport News, Norfolk, Richmond and Virginia Beach and of the county of Fairfax may, by ordinance, make it unlawful for any person to possess a dangerous weapon upon the property, including buildings and grounds, of any publicly owned or publicly operated recreation or community center facility. Notice of any such ordinance shall be posted at each public entrance to each such county facility that is within the scope of the ordinance. A violation of such an ordinance shall be punishable as no more than a Class 1 misdemeanor, and upon conviction, any weapon seized shall be disposed of in accordance with § 15.2-1721.

For the purposes of this section, the term "dangerous weapon" means: (i) any gun or other weapon designed or intended to propel a missile or projectile of any kind; (ii) any frame, receiver, muffler, silencer, missile, projectile or ammunition designed for use with any gun or other weapon designed or intended to propel a missile or projectile of any kind; or (iii) any explosive, taser, stun weapon, knife or other weapon specified in subsection A of § 18.2-308.

The exemptions set out in § 18.2-308 shall apply, mutatis mutandis, to the provisions of any ordinance adopted pursuant to this section. No such ordinance shall apply to the following individuals: (i) any law-enforcement officer, as defined by § 9-169; (ii) any game warden, animal warden or deputy animal warden; (iii) any special police officer; (iv) any magistrate, court officer or judge; (v) any person who holds a valid concealed weapons permit; or (vi) any person who legally possesses a dangerous weapon on the grounds outside of said facility and who does not use or threaten to use such weapon in a manner which may endanger another person.