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Thread: Carrying On Campus in Virginia

  1. #1
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    OK. To begin this post, I'll make it clear, that private universities, being private property, can ban guns for everyone, even those who are not students/staff/faculty.

    Public universities, on the other hand, can't ban carry for those who are not students/staff/faculty.

    There are two exceptions to this rule...VCU, and GMU.

    We all know about the prohibition at VCU, but many don't know about George Mason. It was only brought to my attention that GMU also has the law behind it, when I noticed it listed as places prohibited on the back of the newest VCDL "yellow card" which is now actually bright green


    http://leg1.state.va.us/cgi-bin/legp...g+8VAC35-60-30

    ...George Mason University police officers are lawfully in charge for the purposes of forbidding entry upon or remaining upon university property while possessing or carrying weapons in violation of this prohibition.
    Here's the other part.

    http://leg1.state.va.us/cgi-bin/legp...g+8VAC35-60-20

    First, let me say that I AM NOT A LAWYER.
    The way I interpret this, is that GMU PD can tell you to leave if they see you carrying on GMU property while an event is going on, or in any buildings. It does not list any crime you can be charged with though.

    I know several people who have open carried at GMU, even though the Johnson Center and Ike's. I don't know of anyone who has been approached by PD.

    I myself don't carry at GMU, or even have my gun in my truck while on campus, I can't afford to risk anything, I'm halfway through my 4 years there, and have a job application in at the GMU PD I can't risk.

  2. #2
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    nova wrote:

    There are two exceptions to this rule...VCU, and GMU.

    We all know about the prohibition at VCU...
    I know this has been discussed many times, but I can't find anything to support a ban on concealed or open carry on VCU by non-students/employees.

    The source of the claim of no carry on VCU comes from 8VAC90-10-50 which states in part 4:

    ...no person, either singly or in concert with others, shall willfully:

    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.
    However, if you look to 8VAC90-10-80 it states

    Any person who violates the provisions of this chapter is subject to one or more of the following penalties or disciplinary actions, or both, described in 8VAC90-10-90 through 8VAC90-10-160
    These sections deal with University administrative action ranging from suspension to expulsion to restitution.

    Now the only penalty a non-student/employee would be worried about would be restitution for the university, but I don't see how the university could force anyone to pay, especially as the section on restitution (8VAC90-10-160), states:

    Restitution by the violator to the university or to members of the university community may serve, in certain instances, in lieu of or in addition to the application of the above penalties.
    Someone please correct me if I am wrong, but just because the violation is found in state administrative code, doesn't mean it is criminal or illegal, or even carries any repercussions if the agency that the section of code applies to has no power over you as an individual.

    EDIT: Also, I have an acquantaince(sp) and CCP holder who sent a letter to the president of the university requesting permission to carry. He received an e-mail in response from the chief of VCU PD saying that no letters of permission will be issued.

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    Regular Member CRF250rider1000's Avatar
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    VCU is in the law somewhere I have seen it cited before on here not exactly sure where at though it was a while ago

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    Moderator / Administrator Grapeshot's Avatar
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    Understand the problem with carrying on VCU and the administrative code.

    We need a test case - any volunteers?

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  5. #5
    Regular Member CRF250rider1000's Avatar
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    Oh jeeze who's a retired millionaire who wants to take this?

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    Regular Member fairfax1's Avatar
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    CRF250rider1000 wrote:
    VCU is in the law somewhere I have seen it cited before on here not exactly sure where at though it was a while ago
    http://leg1.state.va.us/cgi-bin/legp...g+8VAC90-10-50

    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.

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    CRF250rider1000 wrote:
    VCU is in the law somewhere I have seen it cited before on here not exactly sure where at though it was a while ago
    did you read my post?

    The reference to VCU is in State Administrative Code, not Criminal Code

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    Regular Member Neplusultra's Avatar
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    essayons wrote:
    CRF250rider1000 wrote:
    VCU is in the law somewhere I have seen it cited before on here not exactly sure where at though it was a while ago
    did you read my post?

    The reference to VCU is in State Administrative Code, not Criminal Code
    Very interesting!

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    Grapeshot wrote:
    Understand the problem with carrying on VCU and the administrative code.

    We need a test case - any volunteers?

    Yata hey
    There may be a way to figure this out without anyone getting arrested (or worse).

    I'm kinda hoping that someone will contact their state delegate or senator and request an AG opinion on this, similar to what happened at UVA in 2006. (http://www.vaag.com/OPINIONS/2006opns/05-078.pdf)

    This person needs to:

    A) Not be a student or employee of VCU

    and

    B) Live in a district with either a pro-gun state Delegate or Senator

    Unfortunately I am in neither of these categories, but if anyone is interested I would be more than willing to help.

  10. #10
    Regular Member ProShooter's Avatar
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    essayons wrote:
    nova wrote:

    There are two exceptions to this rule...VCU, and GMU.

    We all know about the prohibition at VCU...
    I know this has been discussed many times, but I can't find anything to support a ban on concealed or open carry on VCU by non-students/employees.
    I agree. My read is that the ban or prohibition is against members of the university community (teachers, students, employees)
    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
    Concealed Firearms Instructor for Virginia, Florida & Utah permits.
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    Instructor Bio - http://proactiveshooters.com/about-us/

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    According to this http://legis.state.va.us/codecomm/codehome.htm the Virginia Administrative code is a compilation of the administrative regulations of various state agencies. So since it is an administrative rule at VCU and GMU, I can't see how it can effect those who do not work for or attend VCU or GMU.





    The Commission on Code Recodification was created in 1946 as a permanent commission of the legislative branch. (Ch. 400, 1946 Acts of Assembly) In 1948, the Commission was renamed the Virginia Code Commission. The original purpose of the Commission was to create the 1950 Code of Virginia by codifying the Acts of Assembly of 1948 and all statutes enacted prior to and subsequent to 1948.

    Today, the Commission’s duties, set out in Chapter 15 (
    § 30-145 et seq.) of Title 30 of the Code of Virginia, include:



    Annually supervising the codification of the statutes after each session of the General Assembly.


    Revising and recodifying individual titles of the Code of Virginia.


    Reviewing the Code of Virginia and Acts of Assembly to identify obsolete provisions.


    Arranging for the codification and incorporation into the Code of Virginia of all general, special and limited compacts to which the Commonwealth of Virginia is a party.


    Compiling and codifying all of the administrative regulations of state agencies into the
    Virginia Administrative Code.

    Overseeing the bi-weekly publication of the
    Virginia Register of Regulations.

    Monitoring, with the assistance of the Administrative Law Advisory Committee, the operation of the Administrative Process Act (
    § 2.2-4000 et seq.) and the Virginia Register Act (§ 2.2-4100 et seq.), to ensure that the laws provide the most practical means for administrative agencies of the Commonwealth to promulgate, amend, and repeal administrative law.


    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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    essayons wrote:
    Grapeshot wrote:
    Understand the problem with carrying on VCU and the administrative code.

    We need a test case - any volunteers?

    Yata hey
    There may be a way to figure this out without anyone getting arrested (or worse).

    I'm kinda hoping that someone will contact their state delegate or senator and request an AG opinion on this, similar to what happened at UVA in 2006. (http://www.vaag.com/OPINIONS/2006opns/05-078.pdf)

    This person needs to:

    A) Not be a student or employee of VCU

    and

    B) Live in a district with either a pro-gun state Delegate or Senator

    Unfortunately I am in neither of these categories, but if anyone is interested I would be more than willing to help.
    I live in the Sixth District, Goodlatte's pretty good on guns, and I don't go to VCU.

    Anyone want to give me a hand getting started on that?
    Why open carry? Because 1911 > 911.

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    The way I understand it, you write a letter to your elected representative asking for clarification of a certain law, and their office then requests an opinion of the AG.

    From the VA AG website:
    Section 2.2-505 of the Code of Virginia authorizes the Attorney General of Virginia to render official opinions to the Governor, members of the General Assembly, judges, the State Corporation Commission, state agency heads, and certain local officials.



    I'm swamped with papers until at least Tuesday, but I can write up a draft of a letter for you.

    Has anyone ever done anything like this? I could use some advice on formatting, addressing, etc.






  14. #14
    Regular Member fairfax1's Avatar
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    essayons wrote:
    Grapeshot wrote:
    Understand the problem with carrying on VCU and the administrative code.

    We need a test case - any volunteers?

    Yata hey
    There may be a way to figure this out without anyone getting arrested (or worse).

    I'm kinda hoping that someone will contact their state delegate or senator and request an AG opinion on this, similar to what happened at UVA in 2006. (http://www.vaag.com/OPINIONS/2006opns/05-078.pdf)

    This person needs to:

    A) Not be a student or employee of VCU

    and

    B) Live in a district with either a pro-gun state Delegate or Senator

    Unfortunately I am in neither of these categories, but if anyone is interested I would be more than willing to help.
    http://www.cuccinelli.com/issues_second_amendment.htm

    I live in Fairfax and am represented by Senator Cuccinelli. He is probably one of the most pro-gun people in VA. He has both the VCDL and NRA logos on his homepage. I don't go to VCU (I'm an EX GMU student). If I can help, please let me know.

  15. #15
    Moderator / Administrator Grapeshot's Avatar
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    Personal opinion - Senator Cuccinelli is the way to go. His pro gun rights stance is superb.
    Yata hey
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  16. #16
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    I'm sure VCU and GMU would love to enforce their no weapons policy against everyone, unfortunately for them, it is highly unlikely they have the legal authority to.

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