Legality of CCW at VA Colleges

[disneyd]

I've heard several people say that concealed carry (with a permit) is legal at VA colleges... its just that most have their own policies against it with regard to students and faculty. If that is true, I assume the most they could do to a visitor is ask them to leave.

Does anyone know of a link to any legal resource that proves this?

All I've found in the VA code is:

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

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

...which specifies elementary, middle, or high schools, but not colleges.

Does anyone have any additional information?

If it is just one of those cases where the law doesn't directly address it, can anyone point to specific court cases dealing with the issue?

Thanks

 

[benminer]

There used to be a scanned letter from the VA Attorney General on the VCDL website saying basically that there was no law that would make it illegal but now I can't find it.

As a general rule, there is no way for anybody to prove that something is legal. Laws tell us what we can't do, not what we can. If there is no law that says something is illegal, then it's legal.

The text you quoted is irrelevant for your question because it specifically says it applies only to elementry middle and high schools. Also there have been updates to that because it's now legal to for a permit holder to keep a loaded gun in a car in a school parking so long as it's concealed, and it's always been legal (at least for a long time) to keep a gun in your trunk provided it's cased, locked, etc.

 

[Bacchus]

It's my understanding that carrying a concealed weapon is against the individual schools' rules but not specifically prohibited by VA code. I believe that your statement about visitors not being included is true--that the "worst" a school would do is ask a visitor to leave if s/he was carrying concealed.

 

[JJY]

I've heard several people say that concealed carry (with a permit) is legal at VA colleges...

That is correct, but I believe it is specifically illegal to carry at Virginia Commonwealth University. Other than that, it is legal to conceal carry at Virginia public colleges and universities with a permit or open carry (no permit needed), but students and employees a subject to discipline for violating school policy. Of course, private colleges and universities are private property and make their own rules.

 

[marley]

http://www.thehighroad.org/showthread.php?t=296326


This thread might be helpful.

 

[RNB65]

There is no state law in VA that prohibits concealed carry on college campuses. VCU has a statement in the state administrative code that prohibits guns. All the other schools have a university policy that prohibit guns on campus.

The penalty for being caught with a gun on campus is pretty much the same at all VA colleges: If you're a student, you'll be expelled. If you're faculty/staff, you'll be disciplined or terminated. If you're a visitor, you'll be asked to leave campus immediately and charged with trespassing if you fail to do so.

 

[IA_farmboy]

It would have been nice if that policy was enforced.

I'm thinking chain link fences with gates that have metal detectors and armed guards searching backpacks.

Think about what a lovely looking and welcoming campus that would be.

 

[JJY]

If you're a visitor, you'll be asked to leave campus immediately and charged with trespassing if you fail to do so.

State schools can not flat out prohibit guns on campus.

See the attorney general opinion on the matter.

"Governing boards of Virginia’s public colleges and universities may not impose general prohibition on carrying of concealed weapons by permitted individuals. Pursuant to specific grants of statutory authority, however, colleges and universities may regulate conduct of students and employees to prohibit them from carrying concealed weapons on campus."


http://www.vcdl.org/pdf/OP-05-078.pdf

 

[RNB65]

State schools can not flat out prohibit guns on campus.

But if you read the fine print, you'll see that I'm correct. The AG opinion states that VA universities "may not impose a general prohibition on the carrying of concealed weapons by permitted individuals" (referring to non-students, faculty staff).

However, in an earlier paragraph, the AG says, "It is my opinion that the safe operation of the campus allows regulation of, or under limited circumstances, prohibition of, firearms by any persons attending events on campus, visiting dormitories or classroom buildings, attending specific events as invitees, or under any circumstance permitted by law."

In other words, if you're on campus for a valid reason, they can prohibit concealed carry. If you're not on campus for a valid reason, they can't prohibit general concealed carry but they will charge you with trespassing if you refuse to leave the campus immediately since you don't have a valid reason for being there.

There's a lot of carefully worded double talk in that AG opinion and there's absolutely nothing there that would prevent a campus PD from directly or indirectly enforcing a no guns policy on campus.

 

[tinygnat219]

No, the Atty General opinion only states that colleges and Universities can set policies for the students and faculty and other employees. They cannot, however, prohibit the general public from Concealed Carry, or Open Carry on campus.

 

[brickeyee]

Since all the universities have tried (in one way or another) to make themselves 'gun free' zones and everyone will (of course) obey the rules, there is no real reason for the campus PD to be armed.
They could only make a situation worse by bringing firearms to an otherwise minor incident.
Remember, it is for the children that we should all make ourselves vulnerable to mayhem based purely on physical size.

If this makes sense you may be a university bureaucrat that has yet to learn from experience, or just a scum that prefers unarmed victms.

 

[ZeSpectre]

James Madison University

AVP Human Resources, Training & Performance
James Madison University

PUBLISHER:
Human Resources
MSC 7009,
Harrisonburg, VA 22807
PHONE: (540) 568-3825


FOR INFORMATION CONTACT:
Human Resources

Privacy Statement
Last Modified: 8/3/2007
Policy #1105
Prohibition of Weapons

Date of Current Revision: March 2007
Responsible Office: Chief of Police

1. PURPOSE

This policy provides rules and regulations concerning the possession of weapons on campus and in all facilities and locations owned or operated by James Madison University in an effort to provide a safe and secure learning and working environment for its students, employees, and visitors.

2. AUTHORITY

The safe operation of the campus is a matter delegated to the Office of Public Safety by the President.

3. DEFINITIONS

Weapons:
Defined as, but not limited, to any pistol, revolver, long gun, or other device designed or intended to propel a missile of any kind such as bow and arrow or crossbow; any dirk; any bowie, switchblade knife, ballistic knife, pocket knife with blade in excess of three inches, or other instrument commonly known as an "edged weapon" ; any straight razor; any slingshot, spring stick, metal knucks, blackjack, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; and any hunting boomerang.

4. APPLICABILITY

This policy applies to all James Madison University faculty, staff, students, visitors and contracted service representatives and to all property owned, leased, operated or controlled by James Madison University.

5. POLICY

No person shall carry, maintain, or store a weapon, concealed or otherwise, on any property owned, leased, or controlled by James Madison University. This policy applies to weapons carried about the person and maintenance or storage of any weapon in any university facility or within any parked vehicle on university premises.

6. PROCEDURES

6.1 Weapons discovered on university premises in violation of this policy will be seized by the police or the Office of Public Safety, and the owner will forfeit ownership. Items that are used as weapons on property owned or operated by the university, whether or not they fit the definition above, will also be subject to seizure.

6.2 Prop Weapons, and Facsimiles
Any item that appears to be a weapon and that is utilized for any purpose on university property must be reported to and approved by university police or safety officials prior to being used in any activity. Examples include, but are not limited to, props used in plays, props or weapons used in class presentations, and Military Science (ROTC) combat military exercises on campus.

6.3 Storage and Related Procedures
Rifles, shotguns, and bows that are to be used for hunting may be registered and stored no more than one week before and during the appropriate hunting season at the university police station. Weapons used for hunting must be checked and removed from campus at the end of the appropriate hunting season. Similarly, weapons (unloaded, disabled, and facsimile) used for demonstration and educational purposes are to be stored at the campus police station until time of class or demonstration, then removed from campus as soon as possible. All such weapons are to be carried or transported in hard or soft case enclosures.

6.4 Reporting Violations
All members of the university community are encouraged to report violations of this policy to the police or the Office of Public Safety on campus. Division heads, deans, academic unit heads, directors, manager and supervisors are required to report violations to the police or the Office of Public Safety if they become aware of violations.

7. RESPONSIBILITIES

It is the responsibility of division heads, academic deans, academic unit heads, directors, managers, and supervisors to ensure that the provisions of this policy are reviewed with employees and students.

It is the responsibility of each student and employee to comply with this policy.

It is the responsibility of each division head, academic dean, academic unit head, director, manager, and supervisor to enforce the provisions of this policy in their area of accountability and to report infractions to the Campus Police.

It is the responsibility of the Chief of Police to ensure that Campus Police investigate matters of noncompliance, take appropriate action, and report resultant findings to the Division of Student Affairs or the Director of Human Resources and to provide and maintain a safe and secure weapons locker and related record keeping for the purposes of legitimate weapons storage.

It is the responsibility of the Chief of Police and/or designated officials to properly inspect and certify stage prop, facsimile, disabled, and/or academic demonstration weapons as unable to discharge a projectile or otherwise disarm and unload such weapons upon petition by employees, students, and invited lecturers and guests of the university.

8. SANCTIONS

Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment.

Any student violating this policy will be subject to discipline up to and including expulsion. Any visitor violating this policy will be subject to being barred from campus.

9. EXCLUSIONS

This policy does not apply to law enforcement officials duly authorized to carry such weapons. Also excepted are military drills, honor guards, and color guards utilizing facsimile or functionally disabled weapons; and archery classes, team practice, and competition utilizing target bows and arrows.

10. INTERPRETATION

The authority to interpret this policy rests with the President, and is generally delegated to the Chief of Police.

 

[brickeyee]

"6.1 Weapons discovered on university premises in violation of this policy will be seized by the police or the Office of Public Safety, and the owner will forfeit ownership."

What sweeping powers the university has granted itself over anyone setting foot on their property.

 

[RNB65]

Tinygnat219, my friend, university presidents in VA rule with an iron fist and they're not going to let an opinion written by an elected politician influence how they run their campuses. There are loopholes in this opinion big enough to drive a semi through. It's not worth the paper it's written on.

Below is the discussion and conclusion section of the AG's opinion. I bolded the big loophole he threw in that allows universities to indirectly ban guns from campus. You're correct that universities can't issues a general ban on guns for non-students/faculty/staff. But if you're on campus for a university approved reason, the opinion says they can prohibit guns. If you're on campus for a non-university approved reason, you'll be arrested and charged with trespassing. Either way, your weapon will be removed from campus.

Applicable Law and Discussion

The right of a citizen, with a properly issued permit, to carry a concealed handgun is considered universal within the Commonwealth, subject to limited constraints. The General Assembly specifically has set out those places where the carrying of a concealed handgun is prohibited: (1) places of worship; (2) courthouses; (3) elementary through high schools; (4) places licensed for on-premises alcoholic beverage consumption; and (4) such private property as may be prohibited by the owner. The right to carry openly has not been revoked by the General Assembly.

Additionally, someone to whom a court has granted a concealed carry permit already has undergone an extensive criminal background check. Section 18.2-308(E) necessarily requires that the court is satisfied that the applicant has not received mental health treatment or substance abuse treatment within five years prior to the application, is not a user or distributor of controlled substances, is not an illegal alien, is not a fugitive from justice, and has not been convicted of any assault, sexual battery, stalking, or any of the other offenses detailed in subsection E.

It is well established in Virginia that a university, through its board, "‘has not only the powers expressly conferred upon it, but it also has the implied power to do whatever is reasonably necessary to effectuate the powers expressly granted.’" This broad authority does not, however, supersede statutory or case law, public policy, or explicit statements of the General Assembly regarding specific topics.

The powers expressly conferred and possessed by the governing body of an educational institution include the authority "[t]o establish rules and regulations for the conduct of students while attending such institution" and "[t]o establish rules and regulations for the employment of professors, teachers, instructors, and all other employees and provide for their dismissal for failure to abide by such rules and regulations."

The University of Virginia has promulgated a "Security and Firearms Policy," which provides that "[t]he possession, storage, or use of any kind of ammunition, firearms, fireworks, explosives, air rifles and air pistols on University-owned or operated property, without the expressed written permission of the University Police, is prohibited."

It is my opinion that the safe operation of the campus allows regulation of, or under limited circumstances, prohibition of, firearms by any persons attending events on campus, visiting dormitories or classroom buildings, attending specific events as invitees, or under any circumstance permitted by law. The universal prohibition of firearms by properly permitted persons other than students, faculty, administration, or employees, however, is not allowed under law. A board of visitors has responsibility for the protection of the students enrolled at their university. At the same time, the rights guaranteed by the Second Amendment of the Constitution of the United States and by Article I, § 13, of the Constitution of Virginia, which protect all citizens, may not be summarily dismissed for transient reasons.

In light of the General Assembly’s specific statements regarding the limits of carrying concealed handguns and the grant of authority to colleges and universities to regulate the conduct of students and employees, it is my opinion that neither a board of visitors nor a president of a public college or university may infer authority from its enabling legislation to adopt a universal prohibition of carrying concealed handguns by holders with valid permits.

Conclusion

Accordingly, it is my opinion that the governing boards of Virginia’s public colleges and universities may not impose a general prohibition on the carrying of concealed weapons by permitted individuals. Pursuant to specific grants of statutory authority, however, it is my opinion that colleges and universities may regulate the conduct of students and employees to prohibit them from carrying concealed weapons on campus.