18.2-308.1 - Possession of firearm, stun weapon, or other weapon on school property prohibited. - Virginia Statutes

§ 18.2-308.1. Possession of firearm, stun weapon, or other weapon on schoolproperty 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 thanthree inches; or (iii) weapon, including a weapon of like kind, designated insubsection A of § 18.2-308, other than a firearm; upon (a) the property ofany public, private or religious elementary, middle or high school, includingbuildings and grounds; (b) that portion of any property open to the publicand then exclusively used for school-sponsored functions or extracurricularactivities while such functions or activities are taking place; or (c) anyschool bus owned or operated by any such school, he shall be guilty of aClass 1 misdemeanor.

B. If any person possesses any firearm designed or intended to expel aprojectile by action of an explosion of a combustible material while suchperson is upon (i) any public, private or religious elementary, middle orhigh school, including buildings and grounds; (ii) that portion of anyproperty open to the public and then exclusively used for school-sponsoredfunctions or extracurricular activities while such functions or activitiesare taking place; or (iii) any school bus owned or operated by any suchschool, he shall be guilty of a Class 6 felony; however, if the personpossesses any firearm within a public, private or religious elementary,middle or high school building and intends to use, or attempts to use, suchfirearm, or displays such weapon in a threatening manner, such person shallbe sentenced to a mandatory minimum term of imprisonment of five years to beserved consecutively with any other sentence.

The exemptions set out in § 18.2-308 shall apply, mutatis mutandis, to theprovisions 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'scurriculum or activities; (ii) a person possessing a knife customarily usedfor food preparation or service and using it for such purpose; (iii) personswho possess such weapon or weapons as a part of any program sponsored orfacilitated by either the school or any organization authorized by the schoolto conduct its programs either on or off the school premises; (iv) anylaw-enforcement officer; (v) any person who possesses a knife or blade whichhe uses customarily in his trade; (vi) a person who possesses an unloadedfirearm that is in a closed container, or a knife having a metal blade, in orupon a motor vehicle, or an unloaded shotgun or rifle in a firearms rack inor upon a motor vehicle; or (vii) a person who has a valid concealed handgunpermit and possesses a concealed handgun while in a motor vehicle in aparking lot, traffic circle, or other means of vehicular ingress or egress tothe school. For the purposes of this paragraph, "weapon" includes a knifehaving 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 whichis designed to temporarily incapacitate a person.

(1979, c. 467; 1988, c. 493; 1990, cc. 635, 744; 1991, c. 579; 1992, cc. 727,735; 1995, c. 511; 1999, cc. 587, 829, 846; 2001, c. 403; 2003, cc. 619, 976;2004, cc. 128, 461; 2005, cc. 830, 928; 2007, c. 519.)