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Thread: Bill to redefine school for purposes of carrying a weapon.

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    Regular Member possumboy's Avatar
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    Summary: http://leg1.state.va.us/cgi-bin/legp...?081+sum+HB136
    "Summary as introduced:
    Definition of "school" for the purposes of prohibiting weapons on school grounds. Defines "school" for the purposes of prohibiting weapons on school grounds as any public school from kindergarten through grade 12 operated under the authority of any locality within the Commonwealth, or any private or religious school that offers instruction at any level or grade from kindergarten through grade 12. Currently the definition is limited to any elementary, middle, or secondary school."


    Full: http://leg1.state.va.us/cgi-bin/legp...?081+ful+HB136

    I have always thought anything with K-12 meant I couldn't carry there. Any ideas about this?



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    Regular Member Thundar's Avatar
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    What it means:

    When you go to church packing, don't worry about good and sufficient, with the class 4 misdemeanor and the $250 fine. Under this definition,if your church has a Sunday school and you get caught carrying, you are a felon!
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    Thundar, they are referring to private schools (k-12 and daycare preschools that have kindergarten) run by churches, NOT sunday school. Please wake up before its too late.

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    Regular Member Thundar's Avatar
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    LRS76251 wrote:
    Thundar, they are referring to private schools (k-12 and daycare preschools that have kindergarten) run by churches, NOT sunday school. Please wake up before its too late.
    IANAL but Read the second link with all of the additions and deletions. Elementary, middle and high school are deleted. Now a school must only offer "instruction" at any "level" or grade.

    Sunday school certainly offers a level of instruction.

    I wish it were otherwise. I am awake.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    Regular Member Virginiaplanter's Avatar
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    If you think this law will be burdensome for you to attend your place of worship, last year the General Assembly for the first time enacted a law to specifically allow suit in court when the state burdens your religious rights.



    http://leg1.state.va.us/cgi-bin/legp...00+cod+57-2.02





    "There's a passage I got memorized, seems appropriate for this situation: Ezekiel 25:17. "The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men. Blessed is he who, in the name of charity and good will, shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children. And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers. And you will know my name is the Lord when I lay my vengeance upon you."


    If you want to be the good shepherd you must have the means to protect your flock.

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    Excellent find, Planter. Excellent find.
    Why open carry? Because 1911 > 911.

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    possumboy wrote:
    or any private or religious school that offers instruction at any level or grade from kindergarten through grade 12.

    I'm not sure how you manage to fit Sunday School into K-12. It doesn't say "instruction at any level or grade". It says "at any level or grade from K- 12".

    Unless your church runs an actual school during the weekdays, you aren't in trouble from this law. The only way this might change things for you is if your church ran a kindergarten, but not grades 1-12. If your church ran an elementary, middle, or high school on the premises, it was already a felony for you to step onto the church property, or into the buildings, at any time.

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    How about if you home school, wouldn't that fall under private school?

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    Virginiaplanter wrote:
    If you think this law will be burdensome for you to attend your place of worship, last year the General Assembly for the first time enacted a law to specifically allow suit in court when the state burdens your religious rights.



    http://leg1.state.va.us/cgi-bin/legp...00+cod+57-2.02





    "There's a passage I got memorized, seems appropriate for this situation: Ezekiel 25:17. "The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men. Blessed is he who, in the name of charity and good will, shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children. And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers. And you will know my name is the Lord when I lay my vengeance upon you."


    If you want to be the good shepherd you must have the means to protect your flock.
    I know that quote, but probably for other reasons. That's the quote that Samuel L. Jackson quoted in Pulp Fiction

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    Regular Member Neplusultra's Avatar
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    PT111 wrote:
    How about if you home school, wouldn't that fall under private school?
    HA! I love lawyerin'.

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    I don't see where it really changes anything. Maybe my eyes are too strained from wrapping kids gifts. :shock:

    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.
    <snip>

    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 (emphasis added) 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.

    <snip>


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    Regular Member Thundar's Avatar
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    Thundar wrote:
    LRS76251 wrote:
    Thundar, they are referring to private schools (k-12 and daycare preschools that have kindergarten) run by churches, NOT sunday school. Please wake up before its too late.
    IANAL but Read the second link with all of the additions and deletions. Elementary, middle and high school are deleted. Now a school must only offer "instruction" at any "level" or grade.

    Sunday school certainly offers a level of instruction.

    I wish it were otherwise. I am awake.
    VCDL has the same concern. Who was sleeping?
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    Please refer to vtme's post above. He is spot on. The bill states any level of instruction k-12. How one could interpret that to mean sunday school is beyond me unless they are selectively reading. If your church currently runs an actual school with grades k-12 or any grade k-12 you are already in violation of 18.2-308.1 if you bring a weapon onto the grounds unless you either have a CCW and both you and the weapon never leave your car and the weapon stays concealed or you fall within one of the exemptions stated in 18.2-308. This bill doesn't really change anything.

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    From VA Alert:

    SNIP...
    Here are the new bills and VCDL's position on them:

    HB 136, Delegate Peace, clarifies the definition of K-12 schools.
    However, VCDL opposes the bill in its current form as it could
    unintentionally make "Sunday schools" a school for purpose of banning
    guns! Delegate Peace is NOT anti-gun and we are working with him to
    change the language. This bill was put in because a murder was
    committed in a K-3 school and the judge said current wording of the
    law didn't ban guns from that particular situation.

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    I could see this as meaning "flight school" as well.

    Since many "flight schools" have offices in airport terminals (NOT air carrier terminals as defined by state law, but private aircraft terminals) i could see this as an issue...

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    savery wrote:
    I could see this as meaning "flight school" as well.

    Since many "flight schools" have offices in airport terminals (NOT air carrier terminals as defined by state law, but private aircraft terminals) i could see this as an issue...
    Flight schools are not grade K-12. The law is just expanding the range covered by 18.2-308.1 to cover K-12 instead of just 1-12.

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