VA: Student charged with gun posession at college

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http://www.bdtonline.com/local/loca..._278212400.html

BC student charged with intoxication, weapons on campus
By CHARLES OWENS
Bluefield Daily Telegraph

BLUEFIELD, Va. — A student who had five firearms inside of a vehicle parked on the Bluefield College campus has been charged with the possession of weapons on school property, police said Friday.

The Bluefield, Va., Police Department was contacted by campus security around 11:30 p.m. Wednesday night regarding the incident, Police Chief Harry Cundiff said.

“It was a student at Bluefield College,” Cundiff said. “He was inside his vehicle when we arrived, and he was under the influence. He was charged with intoxicated in public. He had five weapons in his vehicle with him, which on campus property is a class six felony. He was charged with having the weapons on school property. We have taken custody of all of the weapons. The young man did have a concealed carry permit.”

Nathaniel Harrell, 22, of Fredericksburg, Va., was arrested and charged with intoxicated in public and possession of weapon on school property, Lt. Pete Beavers, of the Bluefield, Va., Police Department, said.

“One of the biggest things we want to stress is there was no threat toward anyone before or after (the incident),” Beavers said.

Beavers said Harrell was transported before a magistrate, and released on bond. Beavers said an arraignment hearing on the charges is pending in Tazewell County General District Court.

“At no time were the weapons a threat to the officers who made the arrests or the security officers,” Cundiff said.

It is a violation of Bluefield College policy, and state law, to have a firearm on campus, Chris Shoemaker, a college spokesman, said.

“The student has been suspended, and he’s no longer on campus,” Shoemaker said. “Whether it be for hunting or whatever purpose, it is against school policy to have a firearm on campus.”

Shoemaker said the college has received several calls from concerned parents regarding the incident.

“We’ve had lots of calls from parents, and of course questions from students, and we have communicated with the students and parents the details of what happened,” Shoemaker said. “And we are sharing with them the steps we are taking to be vigilant, and we certainly want to assure them that we believe this is isolated, and we don’t believe that any threat still exists for students.”

— Contact Charles Owens at [email protected]
 
which on campus property is a class six felony.

OK I am way passed confused here. During the Virginia Tech thing I read repeatedly that carrying on campus was NOT illegal in Virginia but that it was only against school policy at V Tech and could result in expulsion.

Which is it? Am I getting this confused with a Utah case? My brain hurts :)
 
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.1

If any person possesses any firearm...while such person is upon (i) any public, private or religious elementary, middle or high school...he shall be guilty of a Class 6 felony...

If the law has changed to include colleges and universities, I missed the memo.


It is a violation of Bluefield College policy, and state law, to have a firearm on campus, Chris Shoemaker, a college spokesman, said.
I guess Chris isn't teaching the criminal justice class.

Link posted by starter of this thread is invalid.
correct link is http://www.bdtonline.com/local/local_story_278212400.html
 
being drunk and stupid is not a class 6 felony, but it does have consequences.
 
No reason for YOU to be confused.

Whew, I was scared there for a minute :)

But even the sloppiest reporter wouldn't just make up a story about what charges were filed would he?

Eh, I guess that's a stupid question huh.....
 
No reason for YOU to be confused.

Its the author of the article who is confused.

I just sent him an email notifying him of the incorrect information in his article.

Actually, its Chris Shoemaker, the college spokesman, who is confused. The reporter was just reporting what he said.
 
The Bluefield, Va., Police Department was contacted by campus security around 11:30 p.m. Wednesday night regarding the incident, Police Chief Harry Cundiff said.

“It was a student at Bluefield College,” Cundiff said. “He was inside his vehicle when we arrived, and he was under the influence. He was charged with intoxicated in public. He had five weapons in his vehicle with him, which on campus property is a class six felony. He was charged with having the weapons on school property. We have taken custody of all of the weapons. The young man did have a concealed carry permit.”

So the Police Chief has seized the weapons illegally? The Police Chief does not know Virginia Law? Crazy!

IIRC, being drunk and carrying is illegal, though.

Interesting one there. Not sure on the weapon-in-car policy in Virginia but if he was NOT driving and the weapons were in the trunk or something, does that fall under carrying? Is it illegal to sit in your own parked car and be drunk?

This is one weird story here.
 
IIRC, being drunk and carrying is illegal, though.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308

J1. Any person permitted to carry a concealed handgun, who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place, shall be guilty of a Class 1 misdemeanor....Upon such conviction that court shall revoke the person's permit for a concealed handgun and promptly notify the issuing circuit court. A person convicted of a violation of this subsection shall be ineligible to apply for a concealed handgun permit for a period of five years.
 
http://www.vsp.state.va.us/Firearms_StateLaws.shtm

There is nothing in the concealed weapons law the prohibits weapons on a college or university campus (there may be an exception for VCU in Richmond, but I'd have to go look for it).

It is NOT illegal for a person to carry a firearm on a university campus IF they are not under contract with that institution AND that institution does not forbid firearms for students, faculty, and staff.

In other words, the contract you sign with a university includes a section where the signee agrees to abide by the weapons policy set by the university administration.

Therefore, at Virginia Tech (whose weapon policy banned firearms from campus), it is perfectly LEGAL for a PARENT to carry, but a student will face 1) administrative penalties, and 2) possible criminal charges for trespass if he or she refused to leave when asked.
 
The police in Virginia frequently do not know the weapons laws. VCDL (vcdl.org) will beat them about the head and shoulders until they 1) know the law, and 2) apply it appropriately.
 
So the Police Chief has seized the weapons illegally? The Police Chief does not know Virginia Law? Crazy!

Not necessarily.

If a person is mentally incompetent, even if through self-administered substances, the police will be within their rights to seize weapons in the interest of public safety until the weapons can be secured by a competent person. They take your belt too when you go in the drunk tank.

The drunk probably gets his guns back.

As noted above, he probably WON'T get his carry permit back anytime soon.
 
J1. Any person permitted to carry a concealed handgun, who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place, shall be guilty of a Class 1 misdemeanor....Upon such conviction that court shall revoke the person's permit for a concealed handgun and promptly notify the issuing circuit court. A person convicted of a violation of this subsection shall be ineligible to apply for a concealed handgun permit for a period of five years.

The story doesn't say but I find it hard to believe he was concealed carrying 5 handguns.

Likely as not his firearms were locked in the trunk and not on his person. That's why I was wondering what "carrying" actually meant in Virginia.

I'm not sure there would be a violation of the law here in Texas if I were sitting in my car drunk with 5 rifles locked and unloaded in the trunk and not driving or carrying any weapon on my person.

If that's true they every deer and dove hunter in the state is a criminal ;)
 
I get the impression it was probably more like:

1 or 2 guns
1 or 2 knives
pepper spray
something else

I too find the 5 guns line implausible.

Although to be fair, it says 5 weapons. So I suppose that was intentionally left to the imagination.
 
What an idiot

If the rules on Bluefield college says no weapons, that means no weapons. State law cannot supercede a privite policy, and I'm sure that the students that attend have signed a document saying that they will obide by these rules as part of the entrance process. That being said, I'm sure that the campus police seized the weapons for their own piece of mind and security (one does not know what a drunk person). Being that the person was drunk and in close proximity (guns in the vehicle) of their weapons, this idiot will probably lose his CCW and possibly never get another one issued to him (especially west of Richmond). People like this makes everyone else in the CCW gun loving community look bad, I have no sympathy.
 
State law cannot supercede a privite policy, and I'm sure that the students that attend have signed a document saying that they will obide by these rules as part of the entrance process

But a private party (such as the college) doesn't enforce state laws. Certainly, he can be expelled for failing to abide by the code of conduct. That's the risk he took. But it is apparently not illegal under state law to possess weapons on a college campus. So where is the authority to charge him with a crime?
 
Just for grins I sent this to, campus safety, Bluefield Police, The reporter and his editor, as well as the towns mayor.

I would like to know if you could clear up the actual events of the recent incident on the Bluefield campus . I think the Bluefield WV reporter got his info terribly wrong.

The Bluefield, Va., Police Department was contacted by campus security around 11:30 p.m. Wednesday night regarding the incident, Police Chief Harry Cundiff said.

“It was a student at Bluefield College,” Cundiff said. “He was inside his vehicle when we arrived, and he was under the influence. He was charged with intoxicated in public. He had five weapons in his vehicle with him, which on campus property is a class six felony. He was charged with having the weapons on school property. We have taken custody of all of the weapons. The young man did have a concealed carry permit.”

1: He said Va law does not allow weapons on campus and is a class 6 felony. Va only forbids guns up to the high school level. "If any person possesses any firearm...while such person is upon (i) any public, private or religious elementary, middle or high school...he shall be guilty of a Class 6 felony...". If he had a carry permit and was carrying the weapon while drunk it is only a class 1 misdemeanor. If he was not carrying but drunk the most would be public intoxication or trespassing. There is no mention in Va state code of any other type of weapon. which leads me to #2

2: What kind of weapons? Under most campus policies pepper spray and pen knives and kubaton key chains are weapons. By saying he had 5 weapons in his vehicle leads everyone to automatically think guns. I have a TN handgun permit and have never carried more than 1 and a pocket knife.

I wish comments from the chief of police would not be misleading or false, intentional or not as the chief he should know the law.

Charles Iley
Piney Flats TN
 
Here is the reply I just got from chief Cundiff. Hows this for a brush off.

Sir, I have spoken to our Commonwealth Attorney concerning issues you raise on this matter,he has assurred me he will do the necessary research and do what is necessary. Thank You for your input. Harry Cundiff, Chief of Police
 
If I am going to the range I usually have at least five guns in my car. Combining it with with being drunk and on a college campus on the other hand.....just asking to be arrested.
 
TexasRifleman: Is it illegal to sit in your own parked car and be drunk?
In Texas you can be cited for DWI while sitting in a stationary vehicle if you are in possession of the keys to that vehicle. It happened to the wife of a friend a while back and she was passed out at the time.
 
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