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Southwest Virginia Community College - no firearms sign.

possumboy

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http://www.sw.vccs.edu/

I drove by SVCC today and saw no firearms allowed on campus sign (I will upload pictures when I'm not on dial-in).

Anyone know why they would have the ability to deny firearms to everyone on campus? This is a state community college, not a private college. I will work on writing and calling when I have high speed access again. I plan on nicely asking that the signs be removed or modified to stated that faculty, staff, and students cannot have firearms. I will include the AG opinion on it also.

On the website, I can only find references to firearms in the code of conduct.

Is there anyone in there area that does not go to school there that I can work with? The eight hour drive is a little much for me.
 

DoubleR

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Hey, pb. As far as I know, VCU in Richmond is the only college in Virginia that has banned firearms. All other state schools are preempted. Of course the students, faculty and staff areprohibited via school policy. As long as you're not in one of the above 3 groups, it's legal to carry. Also, IANAL...
 

richarcm

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DoubleR wrote:
Hey, pb. As far as I know, VCU in Richmond is the only college in Virginia that has banned firearms. All other state schools are preempted. Of course the students, faculty and staff areprohibited via school policy. As long as you're not in one of the above 3 groups, it's legal to carry. Also, IANAL...
Even then its not "illegal" for students, faculty or staff to carry. They just risk being expelled or fired from the school.

It seems it would always be best, if in doubt, to contact the school and/or local police.
 

Neplusultra

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richarcm wrote:
DoubleR wrote:
Hey, pb. As far as I know, VCU in Richmond is the only college in Virginia that has banned firearms. All other state schools are preempted. Of course the students, faculty and staff areprohibited via school policy. As long as you're not in one of the above 3 groups, it's legal to carry. Also, IANAL...
Even then its not "illegal" for students, faculty or staff to carry. They just risk being expelled or fired from the school.

It seems it would always be best, if in doubt, to contact the school and/or local police.
Except for VCU IIRC, that is specifically in the Virginia Code. But every other public school above high school is open to non-student/faculty/staff carry.
 

Virginiaplanter

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George Mason University (8VAC35-60-20. Possession of weapons prohibited.) "Possession or carrying of any weapon by any person, except a police officer, is prohibited on university property in academic buildings, administrative office buildings, student residence buildings, and while attending sporting, entertainment or educational events. Entry upon the aforementioned university property in violation of this prohibition is expressly forbidden.

Statutory Authority
§23-91.29 of the Code of Virginia."

See Also: George Mason University v. Floyd, __, Va. __ S.E.2d __,__ (2008). " The primary goal of every university is to educate, not regulate, its students."
 

possumboy

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richarcm wrote:
Even then its not "illegal" for students, faculty or staff to carry. They just risk being expelled or fired from the school.

It seems it would always be best, if in doubt, to contact the school and/or local police.


Very good point, I was very careful not to say it was illegal, just that the college could deny access to students, faculty, and staff. I do believe the signage is illegal.

My main problem is that I am an alumni, and I want to write and asked them what makes them think they can deny firearms.

For example, if I go the Festival of Arts (http://www.sw.edu/SVCC_Festival_of_the_Arts/index.htm), will they try to make me leave?

I'm working on a polite letter about the signs. I will see what I can come up with. I will post it here and copy Philip and John on it (I normally copy Mike on these issues, but John is a lot closer).


Currently I'm going to send them the following:

1) Preemption.
2) The AG opinion.

Seems lacking, but I will keep looking.
 

fairfax1

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Virginiaplanter wrote:
George Mason University (8VAC35-60-20. Possession of weapons prohibited.) "Possession or carrying of any weapon by any person, except a police officer, is prohibited on university property in academic buildings, administrative office buildings, student residence buildings, and while attending sporting, entertainment or educational events. Entry upon the aforementioned university property in violation of this prohibition is expressly forbidden.

Statutory Authority
§23-91.29 of the Code of Virginia."

See Also: George Mason University v. Floyd, __, Va. __ S.E.2d __,__ (2008). " The primary goal of every university is to educate, not regulate, its students."
Is this actually enforceable against the community due to preemption and the AG opinion? If so, what is the penalty?
 

possumboy

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fairfax1 wrote:
Is this actually enforceable against the community due to preemption and the AG opinion? If so, what is the penalty?
No penalty. We tried to get a bill passed that would have put a bite into ignoring preemption, but it was defeated.
 

Grapeshot

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Just another sheeple pen provided to you by the feel-gooders in our society.

Yata hey
 

streetdoc

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Here's the Statutory Authority they are referecnceing, notice the date, I don't think they have the authority to keep non-faculty or students from carrying.

"§ 23-91.29. Powers and duties of board generally; meetings; officers; executive committee.

(a) The board of visitors shall be vested with all the rights and powers conferred by the provisions of this title insofar as the same are not inconsistent with the provisions of this chapter and the general laws of the Commonwealth.

The board shall control and expend the funds of the University and any appropriation hereafter provided, and shall make all needful rules and regulations concerning the University, appoint the president, who shall be its chief executive officer, and all professors, teachers, staff members and agents, and fix their salaries, and generally direct the affairs of the University.

(b) The board of visitors shall meet at the University once a year, and at such other times as they shall determine, the days of meetings to be fixed by them. Eight members shall constitute a quorum. At the first meeting after July 1, 1972, and every second year thereafter, they shall appoint from their own body a rector, who shall preside at their meetings, a secretary and a vice-rector. In the absence of the rector or vice-rector at any meeting, the secretary shall preside, and on the absence of all three, the board may appoint a pro tempore officer to preside. Any vacancies in the offices of rector, vice-rector or secretary may be filled by the board for the unexpired term. Special meetings of the board may be called by the rector or any three members. In either of such cases, notice of the time of meetings shall be given by the secretary to every member.

(c) At every regular annual meeting of the board they may appoint an executive committee for the transaction of business in the recess of the board, not less than three nor more than five members, to serve for a period of one year or until the next regular annual meeting.

(1972, c. 550.) "
 

Eeyore

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streetdoc wrote:
Here's the Statutory Authority they are referecnceing, notice the date, I don't think they have the authority to keep non-faculty or students from carrying.

"§ 23-91.29. Powers and duties of board generally; meetings; officers; executive committee.

(a) The board of visitors shall be vested with all the rights and powers conferred by the provisions of this title insofar as the same are not inconsistent with the provisions of this chapter and the general laws of the Commonwealth.


(1972, c. 550.) "
I would think the bolded text is where they fall short. State preemption makes thier firearms prohibition "inconsistent withe the...general laws of the Commonwealth."
 

nickerj1

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Let's say there's a rock concert at the Patriot center. Last time I went to one there, they had those private security (yellow jacket) guys frisking on the way in. Granted, you could strap an AR15 to your back and they wouldn't find it, but that's beside the point. What's the case in this scenario?

Is the Patriot center not state owned property? If it is, it appears that it's been rented for private use at the venue. Is there some provision that says "while state property is being leased/rented to a third party, the third party's imposed policy regulations take precedence over state laws applying to state property"?

Is this triggered by me buying a ticket, which is really me waiving my rights? When I buy the ticket am I "agreeing to the terms and conditions of the third party"?
 

Grapeshot

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Bill in VA wrote:
Now I'm confused...are we still discussingSouthwest Community College (i.e, the topic's title?) Or George Mason University?
What's to say that hasn't already been said on college carry laws/rules/statute ad nasium. A student or staff violating the dictum may be only expelled or fired but is not in violation of law. A private citizen peacefully going about his or her business while OCing or CCing is legal carring on all campuses except possibly VCU and that is still being debated. No one wants to be a test case.

An OPs statement starts a new "thread" which weaves its merry way across the fabric of this site. Occassionally we "drop a stitch" and the postings do wander a bit - all things related are normally considered hits in fair territory.

Yata hey
 
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