BRCC student (successfully) contests handgun violations
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."
) has been part and parcel of AQ tactics for a long time.
