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Thread: OPEN CARRY AT SCHOOLS?

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    Founder's Club Member - Moderator ed's Avatar
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    http://leg1.state.va.us/cgi-bin/legp...cod+18.2-308.1

    I read that.. confusing as hell.. Basically if a politician wants to hold a "town hall" type meeting at a local school.. can you open carry legally?

    Thanks.
    Carry On.

    Ed

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    No. You are prohibited from openly carrying on school property at any time.

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    Founder's Club Member - Moderator ed's Avatar
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    Renegade wrote:
    No. You are prohibited from openly carrying on school property at any time.
    Well.. thanks for your answer but thats wrong too.. I already KNOW I can carry ON the property in the traffic circle (which is on school property)..

    §18.2-308.1: School property. Exemptions to this statute include 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.

    It is THIS part I have the question with...

    "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"

    "while such functions or activities are taking place"..

    Is a politician town meeting a "school" fucntion?
    Carry On.

    Ed

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    ed wrote:
    Renegade wrote:
    No. You are prohibited from openly carrying on school property at any time.
    Well.. thanks for your answer but thats wrong too.. I already KNOW I can carry ON the property in the traffic circle (which is on school property)..

    §18.2-308.1: School property. Exemptions to this statute include 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.

    It is THIS part I have the question with...

    "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"

    "while such functions or activities are taking place"..

    Is a politician town meeting a "school" fucntion?
    Doesn't matter ed...it appears you are reading the "or" as an "and"...think about it like this:

    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;
    OR
    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.

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    ed wrote:
    Renegade wrote:
    No. You are prohibited from openly carrying on school property at any time.
    Well.. thanks for your answer but thats wrong too.. I already KNOW I can carry ON the property in the traffic circle (which is on school property)..
    Ed,

    Don't even think about it. Seriously. You can only carry a weapon there IF you have a CHL AND remain in the vehicle. If you don't have a CHL and carry ANYWHERE on school property, even the curtlage, you're going to find yourself in deep doo-doo!
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    bayboy42 wrote:
    ed wrote:
    Renegade wrote:
    No. You are prohibited from openly carrying on school property at any time.
    Well.. thanks for your answer but thats wrong too.. I already KNOW I can carry ON the property in the traffic circle (which is on school property)..

    §18.2-308.1: School property. Exemptions to this statute include 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.

    It is THIS part I have the question with...

    "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"

    "while such functions or activities are taking place"..

    Is a politician town meeting a "school" fucntion?
    Doesn't matter ed...it appears you are reading the "or" as an "and"...think about it like this:

    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;
    OR
    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.
    Bayboy42 is correct. With exception of having a concealed handgun in your vehicle as long as you don't exit that vehicle, you can't have a gun on k-12 property.

    If you go to a public place that is not part of a K-12 school, say a swim club, you can carry there UNLESS there is a K-12 school function in progress which is using that facility exclusively for such school function and that function is happening.

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    Ed - sorry if I misunderstood your original questions but relative to a meeting at a local school you did ask "can you open carry legally?"

    I stand by my original answer, "No. You are prohibited from openly carrying on school property at any time."

    It appears that Phil answered the question you required clarification on regarding "while such functions or activities are taking place."

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    Regular Member Thundar's Avatar
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    VCDL President wrote:
    Bayboy42 is correct. With exception of having a concealed handgun in your vehicle as long as you don't exit that vehicle, you can't have a gun on k-12 property.
    A long gun may be open carried in a gun rack on school property but must be unloaded, or you may have an unloaded firearm, including handgun in a closed container in your vehicle on school grounds. (Code of VA18.2 308 b Exception vi). Be careful to unload before you are on school grounds. In some places it is unclear where public streets end and school grounds begin.


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    I read this a while back..... basically in the times that you can have a gun on the propertythe gun must remain in the vehicle.

    I saw no provision that says you can walk around armed openly or otherwise on school property.

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    Okay then... here's a good one for ya...

    Last year when I took the MSF course, it was on a local school property. I was told that we're allowed to use the parking lot (as it has MSF markings for maneuvers, etc) anytime after 6pm if we wanted to practice on our own bikes there.

    I got my bike back up and on the road this weekend and wanted to go down to the school to practice my stops, turns and other low speed maneuvers. BUT, I was carrying under my motorcycle jacket, so I didn't go as I didn't know the legality of it and opted for a nearby (smaller) parking lot without markings.

    Now, would I technically be legal to ride my motorcycle on K-12 property with a concealed (or open??) handgun so long as I don't dismount from my motorcycle? Would I have to lock it up in my baggage? Or, do I have to leave it at home, ride unprotected for 30 minutes, practice unprotected for an unknown period of time, then ride 30 minutes back home unprotected.... or just find another parking lot in which to practice (but they won't have the neat little course lines already painted on them).

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    Oooooh...that IS a good one! The way it's worded, yes, it's legal.

    ButI would think the intent was to allow one to drop off or pick up students without having to disarm into a locked container. I'd bet a judge would think that also.

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

    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.



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    I agree with Bob... But I think you would have to leave the property BEFORE you could secure your gun. You cannot do that on the property..

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

    I read that.. confusing as hell.. Basically if a politician wants to hold a "town hall" type meeting at a local school.. can you open carry legally?

    Thanks.
    If you are an assistant Commonwealth's attorneys or a cop. . .then you are one of the "privledged class" and yes. . .you could.

    Regular tax paying law abiding background cleared citizen. . .no.
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    72Malibu wrote:
    Okay then... here's a good one for ya...

    Last year when I took the MSF course, it was on a local school property. I was told that we're allowed to use the parking lot (as it has MSF markings for maneuvers, etc) anytime after 6pm if we wanted to practice on our own bikes there.

    I got my bike back up and on the road this weekend and wanted to go down to the school to practice my stops, turns and other low speed maneuvers. BUT, I was carrying under my motorcycle jacket, so I didn't go as I didn't know the legality of it and opted for a nearby (smaller) parking lot without markings.

    Now, would I technically be legal to ride my motorcycle on K-12 property with a concealed (or open??) handgun so long as I don't dismount from my motorcycle? Would I have to lock it up in my baggage? Or, do I have to leave it at home, ride unprotected for 30 minutes, practice unprotected for an unknown period of time, then ride 30 minutes back home unprotected.... or just find another parking lot in which to practice (but they won't have the neat little course lines already painted on them).
    You just better not slip while you are practicing your maneuvers.

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    72Malibu wrote:
    Now, would I technically be legal to ride my motorcycle on K-12 property with a concealed (or open??) handgun so long as I don't dismount from my motorcycle? Would I have to lock it up in my baggage? Or, do I have to leave it at home, ride unprotected for 30 minutes, practice unprotected for an unknown period of time, then ride 30 minutes back home unprotected.... or just find another parking lot in which to practice (but they won't have the neat little course lines already painted on them).
    As I read the code "(vii) a person who has a valid concealed handgun permit and possesses a concealed handgun" this would suggest that you are permitted to drive onto school property while lawfully carrying concealed but the firearm MUST remain concealed.

    I know when I visit the school one of a bizillion times per year to pick up children I always make sure I am concealed and remain that way.

    You could also unload your weapon (off school property) and secure it in an enclosed container such as your saddle bag. Or mount your "unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle."



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    VCDL President wrote:
    If you go to a public place that is not part of a K-12 school, say a swim club, you can carry there UNLESS there is a K-12 school function in progress which is using that facility exclusively for such school function and that function is happening.
    Does the word "exclusively" mean that it's closed to the public? Meaning that unless I'm a part of the school function I shouldn't be able to get in.

    Basically I want to be sure that there is no way I can walk into a public place by myself not being aware of any school function and be charged with a fellony.

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    asforme wrote:
    VCDL President wrote:
    If you go to a public place that is not part of a K-12 school, say a swim club, you can carry there UNLESS there is a K-12 school function in progress which is using that facility exclusively for such school function and that function is happening.
    Does the word "exclusively" mean that it's closed to the public? Meaning that unless I'm a part of the school function I shouldn't be able to get in.

    Basically I want to be sure that there is no way I can walk into a public place by myself not being aware of any school function and be charged with a fellony.
    That's how I would interpret it. The school has taken over the entire facility.

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    Renegade wrote:
    72Malibu wrote:
    Now, would I technically be legal to ride my motorcycle on K-12 property with a concealed (or open??) handgun so long as I don't dismount from my motorcycle? Would I have to lock it up in my baggage? Or, do I have to leave it at home, ride unprotected for 30 minutes, practice unprotected for an unknown period of time, then ride 30 minutes back home unprotected.... or just find another parking lot in which to practice (but they won't have the neat little course lines already painted on them).
    As I read the code "(vii) a person who has a valid concealed handgun permit and possesses a concealed handgun" this would suggest that you are permitted to drive onto school property while lawfully carrying concealed but the firearm MUST remain concealed.

    I know when I visit the school one of a bizillion times per year to pick up children I always make sure I am concealed and remain that way.

    You could also unload your weapon (off school property) and secure it in an enclosed container such as your saddle bag. Or mount your "unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle."

    What if he was riding his bike with one concealed handgun and a second, non-concealed handgun? :celebrate



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