Questions on recent VA law allowing CCW in vehicle on school property

Training Training and Tactics
1

I want to start by stating I know this isn’t the place for legal counsel or to discuss illegal actions. That being said, I would like some opinions, especially those of LEO’s and fellow VA residents. It is my understanding that VA recently passed a law allowing a CCP holder to have their CCW in their car while on school premises. I believe this is the section of the law that covers that:

The provisions of this section shall not apply to…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…

Link

Now nowhere on that page does it say anything about college campuses, and unless something has changed at my school (which I doubt), guns are still not allowed on campus by school rules. But, if my understanding of the law is correct, and given the assumption that colleges are included in that law, do you all think I would be legally ok with keeping it in my vehicle? I would expect to be in trouble with the school if I get caught with it, but there’s a big difference between that and legal trouble. Another issue to consider though, is that in VA if a business states that weapons are not allowed on their premises, then that supersedes the law and I believe one could be charged with trespassing (unless its a federal building like a post office, which would then have larger consequences). Technically, the school doesn’t have any signs posted, not sure if that matters though since it is in their handbook.

I bring all of this up not because I intend to carry on me or make it known that it is in my vehicle, but in the event that I get pulled over on campus for something because my CCP will be pulled up with my license. Which brings me to my next question, if pulled over, do I mention it (VA law does not require you to volunteer that you are carrying to the officer)? What if he asks whether I’m armed?

Final note - my school’s PD is recognized by the state as an actual PD, not just a security force or whatever most college campuses have. It is the only one in the state like that I believe. Not sure how that would come into play.

I’d appreciate everyone’s opinions. Luckily, I’ll be done in December and have not been pulled over or questioned on campus in 4 years but I don’t want to mess that up in my last few months.

2

I suspect if you follow all those other links to ground, or maybe even the definitions page for the section, you will find that “school” is defined as K-12 or PK-12…

3

Would you expect that to mean then that the law gives no provision to a college campus, or that a campus is treated the same as any other establishment?

4

That particular interpretative ability is WAY outside my lane, even after staying at a Holiday Inn Express. :cool:

I think the post-secondary facilities are governed by regular property laws, and the students are governed by student agreements.

5

You could always email and ask. I had some questions re my CCW after moving and the email I sent was answered within two hours. The state web site should have the contact info. If you cant find it, PM me and Ill email it to you.

Either way, migt be a good idea to keepma copy of the email in the car, should questions arise.

6

I was definitely planning on keeping a copy in the car. That’s a good idea to email and ask, I had considered emailing the school PD but figured that’d probably get me on the red flag list or something… I hadn’t thought to email the state. Thanks.

7

Sounds like a question for www.vcdl.org

8

A couple points.

If you click on your link, at the bottom of the statutory language, there is a series of years and chapter numbers.

If you click on the “416” by 2013, you go to the bill the legislature considered in 2013 with a redline-markup of the changes.

In 2013, the change was to add armed security officers as an exception to the general prohibition on weapons possession.

Next to 2005, there is a link to chapter 830. That was the amendment that excepted CCW holders from the general prohibition on weapons possession.

To learn what “school” means in § 18.2-308.1(C)(vii), look up above in § 18.2-308.1(A)(a) and (b).

The interpretation/application is that the possession of any of the three defined weapons at a “public, private or religious elementary, middle or high school” is a Class 1 misdemeanor.

However, there is an exemption that one may possess an otherwise prohibited weapon if one has a permit and remains in one’s vehicle in the parking lot, etc.

Colleges and universities are different. In 2011, Virginia had a whole go around with “policies” vs. “regulations.”

UVa could have a policy, but since policies do not carry the weight of law, the policy did not trump the CCW rights "unless otherwise prohibited by law.

A university could pursue a regulation as GMU did. The regulatory process could yield an “unless prohibited by law” outcome that would trump CCW rights.

The Va. Supreme court wrote on that at www.courts.state.va.us/opinions/opnscvwp/1091934.pdf‎

So, at this point, I am not sure where that leaves you. Your school may have a policy or may have a regulation. I would submit, in a friendly way, that your understanding of § 18.2-308.1 is not correct and that your assumption that colleges are included in the law is not correct.

You may want to drop back to your last known position and try navigating this again. :wink:

9

It is my understanding that this law applies only to grade school not colleges. It was put into place as many people had voiced their concern that if they were valid CCW holders why couldn’t they retain their weapon while picking their kids up (curbside) at school… hence the “parking lot” provision that is thrown in there. If the law wasn’t written this way it would essentially disarm every parent who picked their kid up at school since they would have to leave their weapon at home before heading out.