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Southwest Virginia Community College - no firearms sign.

Grapeshot

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Bill in VA wrote:
It was a rhetorical question, Grapeshot, but thanks for explaining how a threaded discussion forum works.

My point beingthatsince there are threads about GMU (for example: http://opencarry.mywowbb.com/view_topic.php?id=9565&forum_id=54 http://opencarry.mywowbb.com/view_topic.php?id=3999&forum_id=54 http://opencarry.mywowbb.com/view_topic.php?id=3030&forum_id=54 Plus a whole board dedicated specificallyto GMU: http://opencarry.mywowbb.com/forum64/ ) why not keep this one on topic and about the VA Community College System, particulary abouT SVCC.
I understand. We are to some large degree self-moderating except more flagrant violations of rules. The owners of OCDO tried dividing up the responsibilities and lost contol. It is a virtual impossibility to moderate every post. As a consequence, there is a certain relaxation of on target requirements (Like this posting.:)) and multiple threads do appear - we try to link them though.

The General Assembly neeeds to understand that anything less than allowing all legal citizens the ability to defend themselves with what they carry on all campuses in Virginia is unaceptable. :exclaim:

Yata hey
 

asforme

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Grapeshot wrote:
The General Assembly neeeds to understand that anything less than allowing all legal citizens the ability to defend themselves with what they carry on all campuses in Virginia is unaceptable. :exclaim:

Yata hey
Edit:
The General Assembly neeeds to understand that anything less than allowing all legal citizens the ability to defend themselves with what they carry on all public campuses in Virginia is unaceptable. :exclaim:
Now we can be in agreement.
 

possumboy

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Sent this email:



I was recently visiting the area and decided to show my wife where I started my college career.



As I turned onto the college campus, one of the first signs I say was an illegal “No firearms allowed on college property” sign.



Under Virginia’s preemption, you are not allowed to prevent citizens from lawfully carrying on college property. You can deny the ability of faculty, staff, and students to defend themselves while on campus, but it is not illegal (against VA state law) for anyone to carry on campus. Colleges can only prevent faculty, staff, and students from carrying, and has no authority to prohibit the carry of firearms either openly or conceal with a permit by others.



Here is Virginia’s preemption law regarding firearms.

§ 15.2-915. Control of firearms; applicability to authorities and local governmental agencies. (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+15.2-915)

A. No locality shall adopt or enforce any ordinance, resolution or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.

Nothing in this section shall prohibit a locality from adopting workplace rules relating to terms and conditions of employment of the workforce. Nothing in this section shall prohibit a law-enforcement officer, as defined in § 9.1-101 from acting within the scope of his duties.

The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail or juvenile detention facility.

B. Any local ordinance, resolution or motion adopted prior to the effective date of this act governing the purchase, possession, transfer, ownership, carrying or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid.

(1987, c. 629, § 15.1-29.15; 1988, c. 392; 1997, cc. 550, 587; 2002, c. 484; 2003, c. 943; 2004, cc. 837, 923.)

Also, the AG opinion supports the college’s denial of the ability for faculty, staff, and students to defend themselves, but the opinion also states “The universal prohibition of firearms by properly permitted persons other than students, faculty, administration, or employees, however, is not allowed under law.” (http://www.vcdl.org/pdf/OP-05-078.pdf)



Creating gun-free zones has been a failure on Virginia’s college campuses. While allowing carry by students has prevented mass shootings. Students at the Appalachian School of Law (just a short distance from SwVCC) subdued a shooter on campus.



I look forward to updates on how you plan to resolve the issue of having illegal “NO FIREARMS” signs on campus. Also, I do not know if the email addresses I found on the website are the correct contacts for addressing this situation. Please inform me if these are the correct contacts, or forward to and provide me the correct contacts.



If you have any questions, please let me know. I will be happy to provide you with assistance.
 

Mike

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Technically, preemption statute does not apply to state agencies - but see the Ag opinions on state parks and state colleges - inhenent right to concealed carry by virtue of state license; and in state college opinion, recognition of righ to open carry.
 

possumboy

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Mike wrote:
Technically, preemption statute does not apply to state agencies - but see the Ag opinions on state parks and state colleges - inhenent right to concealed carry by virtue of state license; and in state college opinion, recognition of righ to open carry.

Thanks Mike. I did include the AG opinion.

Should I just drop this? Are they allowed to have the no firearms signs?
 

Mike

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possumboy wrote:
Mike wrote:
Technically, preemption statute does not apply to state agencies - but see the Ag opinions on state parks and state colleges - inhenent right to concealed carry by virtue of state license; and in state college opinion, recognition of righ to open carry.

Thanks Mike. I did include the AG opinion.

Should I just drop this? Are they allowed to have the no firearms signs?
You have put them on notice - right now their attornies are prob. telling them they can;t enforce their rule anyway.
 

Decoligny

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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."
The "Statutory Authority" listed by GMU is preempted.

§ 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.)



The following Statute makes their prohibition of firearm carry illegal when pertaining to anyone other than employees.


§ 15.2-915. Control of firearms; applicability to authorities and local governmental agencies.

A. No locality shall adopt or enforce any ordinance, resolution or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.

Nothing in this section shall prohibit a locality from adopting workplace rules relating to terms and conditions of employment of the workforce. Nothing in this section shall prohibit a law-enforcement officer, as defined in § 9.1-101 from acting within the scope of his duties.

The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail or juvenile detention facility.

B. Any local ordinance, resolution or motion adopted prior to the effective date of this act governing the purchase, possession, transfer, ownership, carrying or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid.

(1987, c. 629, § 15.1-29.15; 1988, c. 392; 1997, cc. 550, 587; 2002, c. 484; 2003, c. 943; 2004, cc. 837, 923.)



IANAL, this is just how I read these statutes.
 
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