• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

VA exceptions allowing firearms on VA school buses?

ChristCrusader

Regular Member
Joined
Mar 8, 2014
Messages
199
Location
Virginia, US
According to VA code,
"B. If any person knowingly possesses any firearm... while such person is upon... (iii) any school bus owned or operated by any such school, he shall be guilty of a Class 6 felony"...

... I thought that having a gun on a school bus in VA was an absolute no-no; but it appears to me now that all of the exceptions in that section apply to the entire section ("The provisions of this section shall not apply to..."), including on a bus?

That would mean that,
"(vi) a person who possesses an unloaded firearm that is in a closed container... in or upon a motor vehicle, or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle"
...would be all right on the bus too?
http://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-308.1/
school-bus-driver-clipart-school-bus9.jpg
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
Write us and let us know how that worked out.

And Thursday is not pepper steak night.

stay safe.
 

jmelvin

Founder's Club Member
Joined
Jun 12, 2008
Messages
2,195
Location
Lynchburg, Virginia, USA
Using the whole of the text is awfully handy to figure out what a law means. If you find something in the code that makes a school bus a personal, private motor vehicle or vessel then you may have a path.
 
Last edited:

ChristCrusader

Regular Member
Joined
Mar 8, 2014
Messages
199
Location
Virginia, US
If you find something in the code that makes a school bus a personal, private motor vehicle or vessel then you may have a path.

Well, when I read this:
I see illustrated that when they want to single out and differentiate
personal
private
motor vehicles
that they know how to do so...

but as is, the exception I'm pointing to merely calls for a motor vehicle.
 
Last edited:

HPmatt

Regular Member
Joined
Aug 18, 2013
Messages
1,467
Location
Dallas
This reminds me of a Disc Jockey joke I heard in Houston growing up - "hire the Vet - you never know when you need a tailgunner for your beer truck..."

Perhaps with young darlings riding school busses these days you w/b riding protecting the driver's back w a coachgun...


Sent from my iPhone using Tapatalk
 

scouser

Regular Member
Joined
Apr 4, 2011
Messages
1,341
Location
804, VA
I'd suggest paying a competent attorney, licensed to practice in Virginia, now for their time to explain what the statute is saying. Doing so is much less expensive than the alternative
 

SouthernBoy

Regular Member
Joined
May 12, 2007
Messages
5,837
Location
Western Prince William County, Virginia, USA
This begs a question, if you don't mind.

What about standing with your child or grandchild while they wait for their bus, then watching as they and the other children load on board? Is there anything in the law that precludes you from doing this while armed, open or concealed?
 
Last edited:

grylnsmn

Regular Member
Joined
Dec 28, 2010
Messages
620
Location
Pacific Northwest
This begs a question, if you don't mind.

What about standing with your child or grandchild while they wait for their bus, then watching as they and the other children load on board? Is there anything in the law that precludes you from doing this while armed, open or concealed?

From 18.2-308.1(B):
If any person knowingly 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.
Unless the school bus stop is on the school grounds, or the school bus location is used exclusively for school-sponsored functions or extracurricular activities that are taking place at that time, then there should be no problem. The law prohibits possession on a school bus, but not at a school bus stop.
 

sidestreet

Regular Member
Joined
Jul 12, 2007
Messages
673
Location
, ,
Nothing really, EXCEPT…,

This begs a question, if you don't mind.

What about standing with your child or grandchild while they wait for their bus, then watching as they and the other children load on board? Is there anything in the law that precludes you from doing this while armed, open or concealed?

a horribly written, often purposely and hideously interpreted (against the citizen) brandishing statute, and then to compound the problem, it becomes even more and especially dubious if the bus driver simply "feels" that you have singled him out from the populace for no reason at all, and your only purpose for being there is to intimidate him and just generally ruin the rest of his day. Regardless of the FACTS!!!

Of course, if you'd like to be another test case, I will be monitoring with great interest. Oh…, I don't mind at all, and good luck with that!

sidestreet

Jeremiah 29:11-13

we are not equal, we will never be equal, but we must be relentless.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
You can't be charged, arrested and tried for brandishing if all you are doing is standing somewhere with you handgun in the holster.

But you can if pointing your finger causes someone to be more skeered for their life than they have ever been.

There! Beat all y'all to it this time! :p

stay safe.
 

Wstar425

Regular Member
Joined
Jul 1, 2014
Messages
570
Location
Tomahawk and Abbotsford, Wi.
You can't be charged, arrested and tried for brandishing if all you are doing is standing somewhere with you handgun in the holster.

But you can if pointing your finger causes someone to be more skeered for their life than they have ever been.

There! Beat all y'all to it this time! :p

stay safe.

AND convicted.

Wanna bet?? Well, I guess she was displaying "threatening behavior". What is threatening behavior? Standing around with a gun on your hip, to many.

I agree with you, but never say never. We're pretty much doomed.

http://www.richmond.com/archive/article_ea43f2c5-a143-5530-a064-ae9ea3cc61ed.html

"The judge said he doesn't have to find that Reed touched her gun to convict her. Her threatening behavior combined with carrying the gun reasonably induced fear in the children, a necessary ingredient for a finding of guilt."
 
Last edited:

sidestreet

Regular Member
Joined
Jul 12, 2007
Messages
673
Location
, ,
Yep, yep…,

AND convicted.

Wanna bet?? Well, I guess she was displaying "threatening behavior". What is threatening behavior? Standing around with a gun on your hip, to many.

I agree with you, but never say never. We're pretty much doomed.

http://www.richmond.com/archive/article_ea43f2c5-a143-5530-a064-ae9ea3cc61ed.html

"The judge said he doesn't have to find that Reed touched her gun to convict her. Her threatening behavior combined with carrying the gun reasonably induced fear in the children, a necessary ingredient for a finding of guilt."

yes you can. All of that. Of course I realize that much of Skid's comment was "tongue in cheek" even though his emoticon has its tongue sticking out, and you have to relate to the "Ferry Tale" and Scouser's horrible experience also. Point is, the "authorities" like to "pile on" and stretch the envelope to ridiculous lengths, have seemingly endless resources, nearly always have home field advantage, the many advantages associated with the old "home cooking" scheme, and rarely ever suffer any consequences for wrongful prosecution.

In Skid's case, there was much physical exculpatory evidence "done away with" by the other principles involved, many mandated procedures not complied with by the other parties involved, hardly any favorable evidence except Skid's own testimony, and he prevailed, although not without extreme tribulation, expenses, and stress.

Scouser on the other hand, had incredible (as in unable to be reasonably believed) evidence placed against him, had what I would consider extremely strong evidence for his innocence, yet was convicted, and is currently being appealed, and again, all not with extreme tribulation, expenses and stress.

What's the point? I guess it's to pick your poison very carefully!

sidestreet

Jeremiah 29:11-13

we are not equal, we will never be equal, but we must be relentless.
 

SouthernBoy

Regular Member
Joined
May 12, 2007
Messages
5,837
Location
Western Prince William County, Virginia, USA
From 18.2-308.1(B):Unless the school bus stop is on the school grounds, or the school bus location is used exclusively for school-sponsored functions or extracurricular activities that are taking place at that time, then there should be no problem. The law prohibits possession on a school bus, but not at a school bus stop.

That is what I thought. I should have looked this up myself so thanks for your response.
 

SouthernBoy

Regular Member
Joined
May 12, 2007
Messages
5,837
Location
Western Prince William County, Virginia, USA
a horribly written, often purposely and hideously interpreted (against the citizen) brandishing statute, and then to compound the problem, it becomes even more and especially dubious if the bus driver simply "feels" that you have singled him out from the populace for no reason at all, and your only purpose for being there is to intimidate him and just generally ruin the rest of his day. Regardless of the FACTS!!!

Of course, if you'd like to be another test case, I will be monitoring with great interest. Oh…, I don't mind at all, and good luck with that!

sidestreet

Jeremiah 29:11-13

we are not equal, we will never be equal, but we must be relentless.

This would be one of the really good reasons to record the goings-on. However, there would be a host of witnesses there to hopefully aid you should some idiot bus driver decide to exact revenge on you for his misguided concepts. Anyway it wouldn't affect me since I most always conceal my sidearm nowadays.
 

sidestreet

Regular Member
Joined
Jul 12, 2007
Messages
673
Location
, ,
Just wondering if you realized..,

This would be one of the really good reasons to record the goings-on. However, there would be a host of witnesses there to hopefully aid you should some idiot bus driver decide to exact revenge on you for his misguided concepts. Anyway it wouldn't affect me since I most always conceal my sidearm nowadays.

that Scouser has and presented very good video evidence that showed that about 95% of the testimony and claims against him were and still are false and/or patently pretentious. Scouser was the proverbial "ham sandwich" that got convicted.

I'm reminded of all the folks that thought "well, that couldn't happen to me", just before it happened to them.

I'm done now, through with this thread.

sidestreet

Jeremiah 29:11-13

we are not equal, we will never be equal, but we must be relentless.
 
Top