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Places NOT allowed to carry

Freeflight

Campaign Veteran
Joined
Sep 28, 2007
Messages
306
Location
Yorktown VA, ,
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cmg266 wrote:
yes, I don't want to carry illegally. I'm not sure, but I think its a felony charge to carry a firearm on campus. I go to northern VA CC, annandale. I just think its BS i have to feel like I am rolling the dice with my life just by going to class. And there isn't a damn thing I can legally do about it.

Could you carry some MACE and KNIFE? of course theres the joke I heard about why does Bear poo smell like pepper? Because he used the pepper spray as seasoning as he ate the tourist.

No bears on campus I know... but you see my point...
 

LRS76251

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Oct 16, 2007
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Right Coast
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[align=left]Its NOT a felony charge to carry on a COLLEGE/UNIVERSITY campus in the Commonwealth of Virginia. If you are a student/faculty/staff of the public college/university and have a CCW and are caught, you may be subject to expulsion. As far as private universities go, you could be subject to both expulsion and a trespassing charge provided you don't leave the private property when directed by LE or someone with authority of the university/college (university official, etc). LE must be contacted by the university and a request must be made to remove the offender. As a general rule, per the AG ruling, public universities cannot outright ban carrying of weapons on campus by CCW holders who are NOT students. Another thing that seems to confuse people...you aren't subject to any VAC regarding colleges/universities unless you are a part of the university community which means student/faculty/staff. The AG ruling attempts to spell out that point because it seems lots of people can't understand the difference between statutory code and administrative code. Administrative code cannot supersede statutory code because Statutory code defines the limits of an administrative code's authority. Administrative codes are internal rules for particular agencies. Statutory code is law. That being said, unless you are a member of the particular agency in which the VAC section was written out for (employee, student, staff, faculty, etc) , it does NOT apply to you so don't sweat it. Hope this helps a little. Legalese can be very confusing for folks who are not members of the Bar.
The felony charge (class 6) is reserved for carrying of firearms on elementary and secondary school property unless you fall into one of the stated exemptions and exceptions defined in 18.2-308.1.
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LRS76251

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Not even VCU unless you are a member of the VCU community. Please refer to rules for administrative code. This is a huge misconception and is clarified in the AG ruling. Since VCU is a public university, you are only subject to disciplinary action if you are a student/faculty/staff (university community). Its not a criminal offense and not even trespassing regardless of how much the school would like you to believe it is a trespassing violation. Another example of agencies not understanding the differences between their own rules and what the statutory limitations are for those rules. School rules and Administrative Code do NOT supercede Statutory law (VA Code 1950). As stated before, the Administrative Code is a list of agency regulations that are a guideline and are only applicable to those people for which the agency has control over (employees, students, etc). If you don't work for the agency the VAC section is spelled out for or governed by the specific regulations (health professionals, insurance agents, etc, etc) or aren't a student at a particular school the code is written for, then it does NOT apply to you. :banghead:
Preemption (15.2-915) law applies here for the general public.
 

cmg266

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so students, faculty, etc are "expected" to know that the university does not allow them to carry so thus the penalty being a little more severe? but a student from another university say Radford comes to NOVA to check out the campus (how ever unlikely that situtation is to arise) he is allowed to CC/OC? Could you give me some examplesof situtations that are and arn't allowed Id appreciate it a lot :)
 

Neplusultra

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Christiansburg, Virginia, USA
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LRS76251 wrote:
Not even VCU unless you are a member of the VCU community. Please refer to rules for administrative code. This is a huge misconception and is clarified in the AG ruling. Since VCU is a public university, you are only subject to disciplinary action if you are a student/faculty/staff (university community). Its not a criminal offense and not even trespassing regardless of how much the school would like you to believe it is a trespassing violation. Another example of agencies not understanding the differences between their own rules and what the statutory limitations are for those rules. School rules and Administrative Code do NOT supercede Statutory law (VA Code 1950). As stated before, the Administrative Code is a list of agency regulations that are a guideline and are only applicable to those people for which the agency has control over (employees, students, etc). If you don't work for the agency the VAC section is spelled out for or governed by the specific regulations (health professionals, insurance agents, etc, etc) or aren't a student at a particular school the code is written for, then it does NOT apply to you. :banghead:
Preemption (15.2-915) law applies here for the general public.
I thought VCU was specifically mentioned in state law as a no go area. Applicable to everyone. It's the only college so mentioned and preemption does not apply there.
 

fairfax1

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Joined
Oct 3, 2006
Messages
245
Location
Fairfax, Virginia, USA
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cmg266 wrote:
so students, faculty, etc are "expected" to know that the university does not allow them to carry so thus the penalty being a little more severe? but a student from another university say Radford comes to NOVA to check out the campus (how ever unlikely that situtation is to arise) he is allowed to CC/OC? Could you give me some examplesof situtations that are and arn't allowed Id appreciate it a lot :)
When you applied to NOVA, you agreed to follow NOVA policy (honor code, campus rules, etc). Their policy says you can't carry or it is a violation of the rules. Being a student there, they have the ability to expel you. If you are just a visitor, the NOVA police can't arrest you because it is not a violation of VA law (assuming you have a permit or are OC). They can't really expel a visitor because you aren't enrolled there and they have nothing to expel.

After you graduate from NOVA (or officially transfer out to another college), you are no longer a student and can carry there all you want.

If you went to visit Radford, you could carry there also. But if you applied as a student there and were accepted, then Radford could expel you if had a gun on campus after that because you are in violation of their campus policy (which I'm assuming says no guns).

Here is the official NOVA policy:

http://www.nvcc.edu/resources/stuhandbook/studenthb2007-09.pdf

FIREARMS AND OTHER DANGEROUS WEAPONS

Bringing firearms and other dangerous weapons onto campus is prohibited. It is a violation of the rules to carry weapons or to leave them in a car parked on the campus. The only exception applies to duly sworn Commonwealth of Virginia police officers. While civilian-attired police officers have the authority to carry firearms, they must do so by keeping them concealed so as not to alarm others.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
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cmg266 wrote:
And there isn't a damn thing I can legally do about it.

BZZZZZZZZZZZZZZZZZZZZZZZZZ. WRONG!!

To begin with, join VCDL at Lobby Day at the General Assembly on Monday 1/21/08. Follow up by writing your Delegate and Senator to co-sponsor and vote in favor of HB109





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HB109[/b] Patron: Mark L. Cole - all patrons
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[font="Verdana, Arial, Helvetica, sans-serif"][size=-2]Regulation of firearms by state entities. Prohibits a state agency, council, commission, or other entity from adopting any rules, regulations, or policies governing the purchase, possession, transfer, ownership, carrying, storage, or transporting of firearms, ammunition, or components or combinations thereof, unless expressly authorized by statute. The prohibition does not apply to state, local, and regional correctional facilities or mental health facilities, nor is it to be construed to prohibit a law-enforcement officer from acting within the scope of his duties. Any rule, regulation, or policy adopted prior to July 1, 2007, except for those specifically authorized by statute, will be invalid.




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[font="Verdana, Arial, Helvetica, sans-serif"][size=-2]12/17/07 House: Prefiled and ordered printed; offered 01/09/08 087907468
12/17/07 House: Referred to Committee on Militia, Police and Public Safety




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Hammer them on the point that statewide pre-emption needs to mean just that - only the General Assembly can write rules about firearms. Remind them how VCU and GMU are thumbing their noses at the General Assembly by their illegal actions. Remind them that backdoor student handbook "policies" are just another sign of disrespect of the General Assembly's intent.

stay safe.

skidmark
 
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