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Thread: hunting guns in truck at school

  1. #1
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    i attend bayside high in virginia beach virginia, am a senior and drive my truck to school, back in october i had my truck searched for firearms and the LEO found a couple spent 12ga hulls , he tried to press the issue but i had a trusted adult family friend who dispuresed the issue. the officer told me in most of va you can posess hunting guns on school propertythat are unloaded and cased but not in virginia beach

    according to what i have read since (I WAS PISSED ABOUT THE ISSUE BUT THATS ANOTHER STORY) this goes against state law of preemption is this true or is the LEO correct?

    On [highlight= #88ffff]School Property


    § 18.2-308.1. Possession of firearm, stun weapon, or other weapon on school property prohibited.

    A. If any person possesses any (i) stun weapon as defined in this section; (ii) knife, except a pocket knife having a folding metal blade of less than three inches; or (iii) weapon, including a weapon of like kind, designated in subsection A of § 18.2-308, other than a firearm; upon (a) the property of any public, private or religious elementary, middle or high school, including buildings and grounds; (b) 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 (c) any school bus owned or operated by any such school, he shall be guilty of a Class 1 misdemeanor.

    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; 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.

    The exemptions set out in § 18.2-308 shall apply, mutatis mutandis, to the provisions of this section. The provisions of this section shall not apply to (i) persons who possess such weapon or weapons as a part of the school's curriculum or activities; (ii) a person possessing a knife customarily used for food preparation or service and using it for such purpose; (iii) persons who possess such weapon or weapons as a part of any program sponsored or facilitated by either the school or any organization authorized by the school to conduct its programs either on or off the school premises; (iv) any law-enforcement officer; (v) any person who possesses a knife or blade which he uses customarily in his trade; (vi) a person who possesses an unloaded firearm that is in a closed container, or a knife having a metal blade, in or upon a motor vehicle, or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle; or (vii) a person who has a valid concealed handgun permit and possesses a concealed handgun while in a motor vehicle in a parking lot, traffic circle, or other means of vehicular ingress or egress to the school. For the purposes of this paragraph, "weapon" includes a knife having a metal blade of three inches or longer and "closed container" includes a locked vehicle trunk.







  2. #2
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    You have identified the correct statute nd yes you cannot be prosecuted for legal gun carry. But, unfortunately, K-12 school rules could be enforced upon you - be careful.

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    its not that i want to carry then to school just a clarity of the law if i have a cases shotgun w/ a 4 round tube un loaded behind my backseat can i get in trouble... and what are the k-12 laws

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    Schools are allowed by the state to make regulations regarding conduct of students, faculty and staff. This unfortunately trumps preemption. So if your school system bans firearms and amunition in your vehicle then you can get suspended or expelled. Faculty and staff could get fired.
    Revelation 1911 - And I saw heaven opened, and behold a white horse; and he that sat upon him was called Faithful and True, and in righteousness he doth judge and make war.

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    It's the administrative issue you have to worry about. There is not a legal issue to what you described, but if you check your handbook there is probably a policy against any firearms regardless of how they are stored.

    If you see the officer again (assuming he's a school resouce officer or similar), try to get him to cite the code section, if VAB has an ordinance against it, it is pre-empted, but that doesn't mean that they will not try to charge you for it...

    A quick scan of VB city codes don't show anything that should bite you...


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    Is it possible to park on a public street? They cannot do diddly if it's not on school property.


    Why was he allowed to search your vehicle? He needs a warrant for that unless he has probable cause to search (ie: a crime is in progress and there is some sort of evidence).

    If he asks to search, it means he does NOT have probable cause to search.

    Make sure you just say "Sorry officer, I decline your invitation to search my vehicle by exerting my Fourth Amendment rights."

    They will engage in all sorts of circular logic. Ignore that and if they keep at it for too long, it becomes police harassment (20 minutes is about as long as most courts will allow).

    Be polite, keep your cool...but make them follow the rules.

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    cREbralFIX wrote:
    Why was he allowed to search your vehicle? He needs a warrant for that unless he has probable cause to search (ie: a crime is in progress and there is some sort of evidence).

    If i remember correctly, School Cops can search your car if you park on a school parking lot, much in the same way that a cop can pull you over on a public street if your driving. I think that going to a K-12 school and parking on their property gives them that right. Kinda a "if you park here then you consent to random searches" type stuff.


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    PackininVB wrote:
    cREbralFIX wrote:
    Why was he allowed to search your vehicle? He needs a warrant for that unless he has probable cause to search (ie: a crime is in progress and there is some sort of evidence).

    If i remember correctly, School Cops can search your car if you park on a school parking lot, much in the same way that a cop can pull you over on a public street if your driving. I think that going to a K-12 school and parking on their property gives them that right. Kinda a "if you park here then you consent to random searches" type stuff.
    A cop cannot legally pull you over on a public street for no reason. They still need to havecause, either you were speeding, had a taillight out, or driving erratically, they can't just say "That car is blue, I think I'll stop 3 blue cars today!"

    It may indeed be part of the school rules however, something like "Any person who wishes to utilize the school parking lot agrees to be subject to random search of thier vehicle."



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    Decoligny wrote:
    PackininVB wrote:
    cREbralFIX wrote:
    Why was he allowed to search your vehicle? He needs a warrant for that unless he has probable cause to search (ie: a crime is in progress and there is some sort of evidence).

    If i remember correctly, School Cops can search your car if you park on a school parking lot, much in the same way that a cop can pull you over on a public street if your driving. I think that going to a K-12 school and parking on their property gives them that right. Kinda a "if you park here then you consent to random searches" type stuff.
    A cop cannot legally pull you over on a public street for no reason. They still need to havecause, either you were speeding, had a taillight out, or driving erratically, they can't just say "That car is blue, I think I'll stop 3 blue cars today!"

    It may indeed be part of the school rules however, something like "Any person who wishes to utilize the school parking lot agrees to be subject to random search of thier vehicle."

    Im sure they could pull over three blue cars if the cop wanted to. What i was thinking of when i wrote it was that you HAVE to show ID when you are pulled over, versus if a cop starts talking to you when you are out walking around adn asks for your ID, you dont have to show it to them.

    Out adn about you have your right to privacy, driving on the roads you have to produce ID. Kinda like on school property they have control over things.

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    Decoligny wrote:
    A cop cannot legally pull you over on a public street for no reason. They still need to havecause, either you were speeding, had a taillight out, or driving erratically, they can't just say "That car is blue, I think I'll stop 3 blue cars today!"

    That's OK. With the new seat belt law they are working on, they will be able to stop you because the cop "thought he saw you without your seatbelt on"

    I have driven in states with a primary seat belt law before and been stopped for the sam thing despite the fact I don't even drive from one part of my driveway to another without a seatbelt. One time as I rolled up to a DUI checkpoint; I reached over to roll down my window. the "eagle eyed" officer almost gave me a ticket because he said he "saw me" putting my seat belt on.

    And of course, once they stop you for (falsely) seeing you without a seat belt, they can probably toss the entire car in a search.

  12. #12
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    I've been to court twice on charges of not wearing a seat belt (one for me and once for my wife). Both times I was pulled because they wanted to and when they couldn't find anything, they issued a false seatbelt charge. Luckily, I haven't had one since I graduated college...

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