Guns in (VA public) university housing?

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MrX

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There's a thread about guns at VA public colleges, and a thread about guns in apartments---here's a questioning combining both.

I currently live in university housing, for graduate/professional students and younger/new faculty. These are not college "dorms", but apartments owned by the university near campus, but not actually on campus. Of course, the university does own the piece of land the apartments sit on.

Now, the lease I signed specifically states that, among other items, firearms are not allowed. Is this legal? I understand that a privately owned apartment complex might be able to put such a thing in a lease, but can the University (of Virginia) do this? For example, when I pay my rent, my check is made out to the university.

A related question...the lease also states that all couples (single students cannot live here) MUST be married. Is this legal? Again, can a publicly owned university apartment, for example, prevent a gay couple from living here?

Neither of these issues apply to me directly (yet) since I'm not gay and don't yet own a gun, but I'm curious none the less what some of you think about these "rules".
 
I am a student at the University of Texas @ Austin, so I can only speak to the rules governing college campuses here in Texas. It is a BIG NO-NO to bring a firearm onto the UT campus, even if you are a private citizen with a concealed carry license. At least this is what a university cop told me in casual conversation. As for an apartment owned by the university that is technically OFF campus, that is a lot harder to determine. I’d wait and see what people in Virginia have to say about it.

Good luck.
 
Under present state law, no jurisdiction in the commonwelath can pass any laws governing teh possesion or carrying of firearms. This is the 'local pre-emption' law. It was passed to prevent local jurisdictions from creating a patchwork of laws for concealed carry.
You could attemp to use this to defend aginast carrying on a campus (colleges are not covered by federal law).
The Virginia code is online for the searching, so you might carefully references to school restrictions and see if there is a state law that applies. Absent that, the school cannot have any rules that contravene the existing state law.
 
Property owners are allowed to determine whether or not firearms are allowed in the apartment; if it's specified in the lease and you signed it, then you have to abide by it. Whether or not it's Constitutional hasn't been decided, but good luck being the one to fight it.

The University of Maryland prohibits possession of firearms by students on property that's owned, leased, or supervised by the University. As a result housing that's off campus can still be subject to the Code of Student Conduct, no matter what's actually in the lease.

Your best bet is to talk to the administration about what can and can't be done. In my case I store the weapons disassembled, with pieces located in my car, which technically makes them "collections of machine parts". The discussion I had with my police friends indicated that the weapon has to be able to discharge in order to be a firearm.
 
Most universities do not allow firearms on their property, which includes parking lots and dorms. They obviously feel strongly enough about it to include it in your lease--which leads me to believe that you have to (legally) abide by it.

However, what you have in the privacy of your own home (apartment) is your business...
 
"Property owners are allowed to determine whether or not firearms are allowed in the apartment"

If the property is owned by a state entity in Virginia it is not this simple. Even in the dorms, the ability of a state employee (residential advisor) is restricted. As an agent of the state he cannot do whatever he wants.
 
Right, but I believe the gun laws in MD are more strict. The reason I brought this topic up is because of the other thread that states the decision made saying that VA universities cannot bar students from carrying firearms on campus. Does that transfer over to a VA university owned apartment on university (and thus publicly) owned land?
 
Interesting test case...

Virginia law prohibits landlords from enforcing a prohibition of personal firearms in individual dwellings unless they are required to do so by federal law. See Va. Code 55-248.9(6).

As mentioned above, only the General Assembly can pass laws or regs governing firearm possession, and the "guns in schools" laws don't apply to colleges in Virginia.

I think that the lease provision is unenforceable in court, and Berkley East would lose if they tried to evict you.

BUT...

Nothing would prevent the school from expelling you for violating school policy.
 
DelayedReaction Property owners are allowed to determine whether or not firearms are allowed in the apartment; if it's specified in the lease and you signed it, then you have to abide by it. Whether or not it's Constitutional hasn't been decided, but good luck being the one to fight it.

The University of Maryland prohibits possession of firearms by students on property that's owned, leased, or supervised by the University. As a result housing that's off campus can still be subject to the Code of Student Conduct, no matter what's actually in the lease.

Your best bet is to talk to the administration about what can and can't be done. In my case I store the weapons disassembled, with pieces located in my car, which technically makes them "collections of machine parts". The discussion I had with my police friends indicated that the weapon has to be able to discharge in order to be a firearm. Sorry just a bit feeling my oooos & maybe a lil confused. considering your gun is not a hunting rifle whats the reasoning of having a gun in parts ?
 
I don't condone breaking any laws, and having a gun on campus in VA is NOT illegal. School policy is not law. The stuff with GMU and VCU is in the Virginia Administrative Code, not Virginia Legislative Code (law) and as far as I know there is no penalty for 'breaking' VAC, other than a trespass charge if you refuse to leave if you're found to have a gun.
 
Agree with novaDAK. Firearms on campus can get you expelled, but they are not illegal. Virginia Tech allows you to store your guns with the police dept, in the case you live in a dorm, for instance. Just bringing the gun to the dept would be a violation of the law, if it were illegal.

Guns cannot be banned from apartments in VA because of preemption at the state level. The question then, is the possession of firearms in this apartment against school policy.

You may want to confirm that the property is owed by UVA. Who you send the rent check to is irrelevant, I think. If UVA has leased the land long term (like businesses do) or it is owed by a foundation, then the apartment is not on school property.
 
Virginia Code

Copy and pasted from § 55-248.9. Prohibited provisions in rental agreements.

A. A rental agreement shall not contain provisions that the tenant:

6. Agrees as a condition of tenancy in public housing to a prohibition or restriction of any lawful possession of a firearm within individual dwelling units unless required by federal law or regulation; or

Is that considered public housing? That'd be the thing to figure out.
 
You bring a firearm into a UVa or other Virginia run school and you take your chances. At best you'd only be evicted. Of course, you could also lose any privileges, i.e., education you currently enjoy with them.
 
Technically, he'd still be on University Property and since that silly ATTY General's opinion states that Universitys can regulate firearms through their administrative code, you'd technically be breaking the student code by having a firearm in your home. This is regardless of the lease. Now, that's the code, which does not have the force of law. However, if caught, you could be expelled and losing what you had worked so hard for.
It's your choice, but I'd prefer off campus housing that is NOT affiliated with the University.
 
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