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BRCC student contests handgun violations
University relations office says JMU weapons policy will not be reviewed
by Kelly Jasper / staff writer
Students at Blue Ridge Community College can now legally carry concealed weapons on campus after a successful challenge to the school's weapons policy. The Harrisonburg-Rockingham Libertarian Party, which backed the challenge, is contesting weapons policies at several public universities across the state, including JMU.
Students can now carry handguns, with the appropriate permits, according to Dave Briggman, chairman of the HRLP. Although JMU's policy is not currently under review, Briggman said, "There are going to be changes to the weapons policies of schools all across the Commonwealth [of Virginia]."
The challenge to BRCC's policy on possession of concealed handguns on campus was initiated by Briggman, a night school student at BRCC. He said the situation developed when he brought his handgun to a night class in mid-January.
"I had just come from the firing range and was running late for class," Briggman said. "It's irresponsible to just leave a gun unattended in my car, so I brought it in." Because Briggman has a permit issued by order of the Circuit Court Judge of Rockingham County to carry a concealed weapon, he thought that "carrying the weapon in wouldn't be a problem."
Briggman made a comment after class to a fellow student with which he had discussed gun possession. "I mentioned to her that I was always in support of the Second Amendment and the right to carry a concealed weapon," Briggman said. "She never saw my handgun and I never told her that I had it, but the implication was there.
"The young lady basically freaked out and called the instructor after class," he said. Briggman said the instructor called the chairman of the English department, who contacted Briggman. "When I came in for a discussion with the department chair, he asked me if I carried a gun into class and I told him that I had," he said. "I was told that I was prohibited from carrying a handgun on campus according to the student handbook."
BRCC's student handbook states, "Carrying firearms or other weapons on college property or at any college activity except as explicitly authorized for instructional purposes or as exempted by Virginia Code 18.2-308" is prohibited.
Under the old interpretation of BRCC's weapons policy, a student must either be a current police officer or a retired police officer with at least 15 years of service to carry a concealed weapon on campus.
Although Briggman said he served with the U.S. Air Force Security Police, he did not meet either of these requirements.
"The college interpreted this as not allowing any concealed weapons on campus," he said. Briggman carries a valid permit issued under section 18.2-308 of the Code of Virginia and said, "If a public university bars me from carrying a concealed hand gun on campus, those regulations violate state law."
A case involving possession of concealed weapons in Virginia State Parks last September served as the basis of Briggman's objections. "The opinion of that case came back saying that the institutions didn't have the ability to create a regulation that conflicted with state law," he said. "That decision also applies to colleges and prohibits them from enacting regulations that contradict Virginia state law."
Through discussions and meetings with Robert Baldygo, vice president of financial & administrative services at BRCC, Briggman voluntarily agreed to relinquish his right to carry his weapon on campus while waiting for the attorney general's office to issue an interpretation of the policy. Briggman was advised that he would be suspended or expelled from school and referred to law enforcement if caught on campus with a weapon prior to this decision.
By early February, Baldygo informed Briggman that BRCC's policy does, in fact, allow students with the proper permit to carry a concealed handgun on campus.
Because concealed weapons are now allowed on campus, BRCC currently is working with the attorney general's office to revise the school's policy, Baldygo said. "We don't feel that weapons on campus are compatible with an educational environment and are considering restricting our current policy further," he said.
Briggman said the HRLP will "strongly contest any regulations that contradict state law" after he was advised that the current policy is under review.
After examining BRCC's policies, the HRLP began to research the policies at other universities in the state. The organization started with JMU considering it is "right in the backyard of Blue Ridge use parentheses [Community College] and has similar policy," Briggman said. He found that "JMU's policy also conflicts with state law."
According to the JMU Manual of Policies and Procedures, JMU policy 1105 does not allow students to possess a weapon on campus, including students who possess a concealed weapons permit.
Briggman contacted Steven Knickrehm, assistant vice president of resource planning, regarding the statutory authority of JMU to enact a weapons policy contradictory to state law.
Knickrehm said that he was "unaware of any section of state code that either allows or prohibits JMU to create such regulations." Knickrehm also said that many of [JMU's policies have no specific code authorization, but are designed to "minimize threats to campus security and protect the interests of students, faculty and staff."
JMU's policy on the prohibition of weapons is not currently under review, according to Fred Hilton, director of university relations. According to Hilton, however, the university would be forced to adapt its policy if the attorney general decides that the university regulations conflict the opinion issued.
"JMU, like any university, has the right to establish regulations that are required to uphold standards of conduct governing those employees and students who work or attend the school," Hilton said. "[The University thinks] that the policy is a reasonable standard that has been put in place to protect students."
However, Briggman said that a public institution like JMU does not have the ability to enact policies which are contrary to Virginia law, regardless of the intentions of the regulations. "The goal here isn't to allow anyone … to walk around campus with guns slung over his shoulder," he said. "But if the Second Amendment rights of citizens are going to be challenged, they should expect a fight."
University relations office says JMU weapons policy will not be reviewed
by Kelly Jasper / staff writer
Students at Blue Ridge Community College can now legally carry concealed weapons on campus after a successful challenge to the school's weapons policy. The Harrisonburg-Rockingham Libertarian Party, which backed the challenge, is contesting weapons policies at several public universities across the state, including JMU.
Students can now carry handguns, with the appropriate permits, according to Dave Briggman, chairman of the HRLP. Although JMU's policy is not currently under review, Briggman said, "There are going to be changes to the weapons policies of schools all across the Commonwealth [of Virginia]."
The challenge to BRCC's policy on possession of concealed handguns on campus was initiated by Briggman, a night school student at BRCC. He said the situation developed when he brought his handgun to a night class in mid-January.
"I had just come from the firing range and was running late for class," Briggman said. "It's irresponsible to just leave a gun unattended in my car, so I brought it in." Because Briggman has a permit issued by order of the Circuit Court Judge of Rockingham County to carry a concealed weapon, he thought that "carrying the weapon in wouldn't be a problem."
Briggman made a comment after class to a fellow student with which he had discussed gun possession. "I mentioned to her that I was always in support of the Second Amendment and the right to carry a concealed weapon," Briggman said. "She never saw my handgun and I never told her that I had it, but the implication was there.
"The young lady basically freaked out and called the instructor after class," he said. Briggman said the instructor called the chairman of the English department, who contacted Briggman. "When I came in for a discussion with the department chair, he asked me if I carried a gun into class and I told him that I had," he said. "I was told that I was prohibited from carrying a handgun on campus according to the student handbook."
BRCC's student handbook states, "Carrying firearms or other weapons on college property or at any college activity except as explicitly authorized for instructional purposes or as exempted by Virginia Code 18.2-308" is prohibited.
Under the old interpretation of BRCC's weapons policy, a student must either be a current police officer or a retired police officer with at least 15 years of service to carry a concealed weapon on campus.
Although Briggman said he served with the U.S. Air Force Security Police, he did not meet either of these requirements.
"The college interpreted this as not allowing any concealed weapons on campus," he said. Briggman carries a valid permit issued under section 18.2-308 of the Code of Virginia and said, "If a public university bars me from carrying a concealed hand gun on campus, those regulations violate state law."
A case involving possession of concealed weapons in Virginia State Parks last September served as the basis of Briggman's objections. "The opinion of that case came back saying that the institutions didn't have the ability to create a regulation that conflicted with state law," he said. "That decision also applies to colleges and prohibits them from enacting regulations that contradict Virginia state law."
Through discussions and meetings with Robert Baldygo, vice president of financial & administrative services at BRCC, Briggman voluntarily agreed to relinquish his right to carry his weapon on campus while waiting for the attorney general's office to issue an interpretation of the policy. Briggman was advised that he would be suspended or expelled from school and referred to law enforcement if caught on campus with a weapon prior to this decision.
By early February, Baldygo informed Briggman that BRCC's policy does, in fact, allow students with the proper permit to carry a concealed handgun on campus.
Because concealed weapons are now allowed on campus, BRCC currently is working with the attorney general's office to revise the school's policy, Baldygo said. "We don't feel that weapons on campus are compatible with an educational environment and are considering restricting our current policy further," he said.
Briggman said the HRLP will "strongly contest any regulations that contradict state law" after he was advised that the current policy is under review.
After examining BRCC's policies, the HRLP began to research the policies at other universities in the state. The organization started with JMU considering it is "right in the backyard of Blue Ridge use parentheses [Community College] and has similar policy," Briggman said. He found that "JMU's policy also conflicts with state law."
According to the JMU Manual of Policies and Procedures, JMU policy 1105 does not allow students to possess a weapon on campus, including students who possess a concealed weapons permit.
Briggman contacted Steven Knickrehm, assistant vice president of resource planning, regarding the statutory authority of JMU to enact a weapons policy contradictory to state law.
Knickrehm said that he was "unaware of any section of state code that either allows or prohibits JMU to create such regulations." Knickrehm also said that many of [JMU's policies have no specific code authorization, but are designed to "minimize threats to campus security and protect the interests of students, faculty and staff."
JMU's policy on the prohibition of weapons is not currently under review, according to Fred Hilton, director of university relations. According to Hilton, however, the university would be forced to adapt its policy if the attorney general decides that the university regulations conflict the opinion issued.
"JMU, like any university, has the right to establish regulations that are required to uphold standards of conduct governing those employees and students who work or attend the school," Hilton said. "[The University thinks] that the policy is a reasonable standard that has been put in place to protect students."
However, Briggman said that a public institution like JMU does not have the ability to enact policies which are contrary to Virginia law, regardless of the intentions of the regulations. "The goal here isn't to allow anyone … to walk around campus with guns slung over his shoulder," he said. "But if the Second Amendment rights of citizens are going to be challenged, they should expect a fight."
