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Thread: Yay or Nay? Carry in Public School used as a church?

  1. #1
    Regular Member richarcm's Avatar
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    Yay or Nay? Carry in Public School used as a church?

    My cousin is a Pastor at a "church" that is held in a public Elementary school in Amelia.

    Carry? Yes or no?

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    No, carry is not legal. Unfortunately, a designated school never stops being a school, even when non school-related activities are taking place.

    Cite: http://leg1.state.va.us/cgi-bin/legp...cod+18.2-308.1

    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.
    Last edited by VApatriot; 12-24-2012 at 12:14 PM.

  3. #3
    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by richarcm View Post
    ...a public Elementary school in Amelia.

    Carry? Yes or no?
    Depends.

    If you are a good guy, then it would be seriously enough illegal that you should not do it.

    If you are a bad guy intent on evil, then the penalty would pale in comparison to the other acts you have in mind, and you can ignore this law.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    Quote Originally Posted by VApatriot View Post
    No, carry is not legal. Unfortunately, a designated school never stops being a school, even when non school-related activities are taking place.

    Cite: http://leg1.state.va.us/cgi-bin/legp...cod+18.2-308.1

    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.

    That may not be true. I am in the process getting an AG opinion on dual use property.
    A fear of weapons is a sign of retarded sexual and emotional maturity.
    ~Sigmund Freud

  5. #5
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by gearup View Post
    That may not be true. I am in the process getting an AG opinion on dual use property.
    An AG opinion is just that an has no legal force.
    Until there is a court ruling I say no. Christmas in lockup can't be much fun.

  6. #6
    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by gearup View Post
    That may not be true. I am in the process getting an AG opinion on dual use property.
    Keep firmly in mind what happened when someone asked for the AG's opinion whether or not a private organization renting public propertty could impose a "No Firearms" ban on the park. For those that forgot - we got screwed.

    Unless you are absolutely sure of the answer you are posing, and that it is phrased so that the AG has but one way (the way we want it to be) to answer the question, you are jeopardizing all of our rights. There is plenty of case law out there, that the AG will surely cite, saying that being a school is not dependant on the presence of students/teachers.

    Tell your cousin to go find a different hall to rent.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

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  7. #7
    Regular Member ProShooter's Avatar
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    Quote Originally Posted by peter nap View Post
    Christmas in lockup can't be much fun.
    Its not.
    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
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  8. #8
    Accomplished Advocate user's Avatar
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    Besides which, there are two legal systems at work, and the Lautenberg "Gun Free School Zones Act" relates to the real estate at which the school actually congregates, not the school (which is a collection of people, not a place), itself. And local law enforcement do have all enforcement authority with respect to the criminal laws of the United States (though lots don't know it, and even more are in places that don't want to have to pay for enforcement of federal laws).
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

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