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Thread: Firearm prohibition at VCU

  1. #1
    Founder's Club Member Skeptic's Avatar
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    I happened to look at a campus map and it seems to me I am technically breaking the law if I go down Belvedere and turn onto Main whith a gun in my car, much less actually park and go anywhere there?

    Is there an interpretation of this law put in practice? Does it only apply to college buildings, or everywhere even close to a VCU building. The college website was not especially helpful in providing this info. I have read about the cops confiscating some guns from that area, though mostly from people who were not lawful owners (convicted felons.. of course with Obama coming soon as our president no doubt many of us here will be considered felons soon.. )

  2. #2
    Campaign Veteran skidmark's Avatar
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    Skeptic wrote:
    I happened to look at a campus map and it seems to me I am technically breaking the law if I go down Belvedere and turn onto Main whith a gun in my car, much less actually park and go anywhere there?

    Is there an interpretation of this law put in practice? Does it only apply to college buildings, or everywhere even close to a VCU building. The college website was not especially helpful in providing this info. I have read about the cops confiscating some guns from that area, though mostly from people who were not lawful owners (convicted felons.. of course with Obama coming soon as our president no doubt many of us here will be considered felons soon.. )
    VIRGINIA ADMINISTRATIVE CODE

    8VAC90-10-50. The right to academic freedom and to equal educational and occupational access.

    The university is committed to providing an environment conducive to academic freedom, free inquiry, and equal access to educational and occupational opportunities. The principle of academic freedom requires all persons to respect another's dignity, to acknowledge another's right to express differing opinions, to cultivate and to cherish intellectual honesty, and to promote freedom of inquiry and expression. It is therefore the policy of the university that no act of any member of the university community shall serve to restrain or inhibit access to opportunities or the exercise of these freedoms. To that end, no person, either singly or in concert with others, shall willfully:

    1. Discriminate against another person on a basis not reasonably related to the educational or job functions involved on the basis of race, ethnicity, sex, religion, color, creed, disability, sexual orientation, marital status, and age.

    2. Harass or intimidate any person.

    3. Cause physical injury or threaten any person with force or violence.

    4. Have in his possession any firearm, other weapon, or explosive, regardless of whether a license to possess the same has been issued, without the written authorization of the president of the university. This restriction does not apply to persons whose duties lawfully require the possession of firearms or other weapons.

    5. Disrupt or prevent the peaceful or orderly conduct of classes, lectures, meetings, or other university functions, or interfere with the lawful freedom of other persons, including invited speakers, to express their views.

    6. Falsify or forge an official university record or document, or file documents with the university with the intent to mislead.

    7. Lie, cheat, steal, or plagiarize. Violations of lying, cheating, plagiarism, and stealing will be adjudicated through this chapter or other applicable documents. Student academic violations of lying, cheating, plagiarism, and stealing will be referred to the VCU Honor System for adjudication.

    8. Violate any duly authorized university rule or regulation issued pursuant to a specific university function, for example, regulations applicable to social events, the library, or university hospitals.

    9. Incite others to commit any act which has been herein prohibited.

    10. Bring charges against a member of the university community that are spurious, or that are intended primarily to harass or maliciously defame, or that are designed to intentionally overburden the adjudicatory system.

    Statutory Authority

    §23-50.10 of the Code of Virginia.

    Historical Notes

    Derived from VR649-01-01 §2.2, eff. February 16, 1995.
    The question is twofold, or possibly threefold.

    1 - does the enactment predate state preemption law?

    2 - does "person" refer only members of the academic community, or can a university create regulations that impinge on those with no connection to the university?

    and possibly 3 - Does this AG Opinion http://www.vcdl.org/pdf/OP-05-078.pdfhold any weight against the fiat accompli of 8VAC90-10-50?

    I am not aware of any court case that has addressed the issue. If you only wanted to clear the air regarding VCU, you could settle for a decision in the Manchester Division of the Richmond City Circuit Court. If you wanted a decision that carried prescedent across the state you will need a decision from at least the Court of Appeals.

    We can debate our interpretation all we want, but until there is a case decision in court, it is just so much hot air.

    Anybody want to volunteer to be the test case? Anybody? Bueller?

    stay safe.

    skidmark
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

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