Page 1 of 2 12 LastLast
Results 1 to 25 of 29

Thread: Is a daycare facility considered a school zone?

  1. #1
    Regular Member
    Join Date
    Nov 2008
    Location
    Manassas, Virginia, USA
    Posts
    54

    Post imported post

    I have not had much success finding out. Is there a law on the books? Thanks for your help.

  2. #2
    Regular Member ProShooter's Avatar
    Join Date
    Mar 2008
    Location
    www.ProactiveShooters.com, Richmond, Va., , USA
    Posts
    4,671

    Post imported post

    jayarmbar wrote:
    I have not had much success finding out. Is there a law on the books? Thanks for your help.
    A day care facility is not considered a school zone, as far as carrying a firearm in this statute-

    18.2-308.1. Possession of firearm, stun weapon, or other weapon on school property prohibited.

    A. If any person possesses any (i) stun weapon as defined in this section; (ii) knife, except a pocket knife having a folding metal blade of less than three inches; or (iii) weapon, including a weapon of like kind, designated in subsection A of § 18.2-308, other than a firearm; upon (a) the property of any public, private or religious elementary, middle or high school, including buildings and grounds; (b) 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 (c) any school bus owned or operated by any such school, he shall be guilty of a Class 1 misdemeanor.

    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; however, if the person possesses any firearm within a public, private or religious elementary, middle or high school building and intends to use, or attempts to use, such firearm, or displays such weapon in a threatening manner, such person shall be sentenced to a mandatory minimum term of imprisonment of five years to be served consecutively with any other sentence.

    The exemptions set out in § 18.2-308 shall apply, mutatis mutandis, to the provisions of this section. The provisions of this section shall not apply to (i) persons who possess such weapon or weapons as a part of the school's curriculum or activities; (ii) a person possessing a knife customarily used for food preparation or service and using it for such purpose; (iii) persons who possess such weapon or weapons as a part of any program sponsored or facilitated by either the school or any organization authorized by the school to conduct its programs either on or off the school premises; (iv) any law-enforcement officer; (v) any person who possesses a knife or blade which he uses customarily in his trade; (vi) a person who possesses an unloaded firearm that is in a closed container, or a knife having a metal blade, in or upon a motor vehicle, or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle; 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. For the purposes of this paragraph, "weapon" includes a knife having a metal blade of three inches or longer and "closed container" includes a locked vehicle trunk.


    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
    Concealed Firearms Instructor for Virginia, Florida & Utah permits.
    NRA Certified Chief Range Safety Officer
    Sabre Red Pepper Spray Instructor
    Glock Certified Armorer
    Instructor Bio - http://proactiveshooters.com/about-us/

  3. #3
    Regular Member
    Join Date
    Nov 2008
    Location
    Manassas, Virginia, USA
    Posts
    54

    Post imported post

    Thanks Pro Shooter!!

  4. #4
    Founder's Club Member - Moderator ed's Avatar
    Join Date
    Mar 2008
    Location
    Loudoun County - Dulles Airport, Virginia, USA
    Posts
    4,848

    Post imported post

    ProShooter wrote:
    A day care facility is not considered a school zone, as far as carrying a firearm in this statute-
    Some daycare's are ALSO "private" Kindergarten. If that was the case.. this in would be.
    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
    - - - -
    For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)

  5. #5
    Regular Member ProShooter's Avatar
    Join Date
    Mar 2008
    Location
    www.ProactiveShooters.com, Richmond, Va., , USA
    Posts
    4,671

    Post imported post

    ed wrote:
    ProShooter wrote:
    A day care facility is not considered a school zone, as far as carrying a firearm in this statute-
    Some daycare's are ALSO "private" Kindergarten. If that was the case.. this in would be.
    Agreed. You do need to be careful with some of these hybrid/specialty schools. They do sometimes slip in a K class somewhere. I took the OP's question to mean a facility that is solely a day care.
    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
    Concealed Firearms Instructor for Virginia, Florida & Utah permits.
    NRA Certified Chief Range Safety Officer
    Sabre Red Pepper Spray Instructor
    Glock Certified Armorer
    Instructor Bio - http://proactiveshooters.com/about-us/

  6. #6
    Regular Member
    Join Date
    Feb 2009
    Location
    leesburg, va, ,
    Posts
    68

    Post imported post

    Technically not a school zone, but i guarantee they have policy against weapons of any kind, my kids' school does.. Check that first before you try it.

  7. #7
    Founder's Club Member - Moderator ed's Avatar
    Join Date
    Mar 2008
    Location
    Loudoun County - Dulles Airport, Virginia, USA
    Posts
    4,848

    Post imported post

    bdodds wrote:
    Technically not a school zone, but i guarantee they have policy against weapons of any kind, my kids' school does.. Check that first before you try it.
    The diference is between "policy" and LAW. and if it was not posted.. I would not go "check it or ask".. Don't ask dont tell.
    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
    - - - -
    For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)

  8. #8
    Regular Member
    Join Date
    Feb 2009
    Location
    leesburg, va, ,
    Posts
    68

    Post imported post

    ed wrote:
    bdodds wrote:
    Technically not a school zone, but i guarantee they have policy against weapons of any kind, my kids' school does.. Check that first before you try it.
    The diference is between "policy" and LAW. and if it was not posted.. I would not go "check it or ask".. Don't ask dont tell.
    chances are good if your kids are enrolled, you've read the policy, or at least agreed to adhere to it, in writing.. by "check that first" i meant to read over the literature he's received and see if there's something he's already been "made aware of".. that is the case in my situation, i've acknowledged in writing that i've read the policy, and the policy states no firearms.. it's up to him, assuming he might be in a similar situation, if he wants to proceed carrying at that point.. i'm just throwing in some more data, that's all..

  9. #9
    Regular Member MSC 45ACP's Avatar
    Join Date
    Apr 2009
    Location
    Newport News, Virginia, USA
    Posts
    2,845

    Post imported post

    it is sometimes easier to beg forgiveness than ask permission... Unless you're breaking the law
    "If I know that I am headed for a fight, I want something larger with more power, preferably crew-served.
    However, like most of us, as I go through my daily life, I carry something a bit more compact, with a lot less power."
    (unknown 'gun~writer')

    Remington 1911 R1 (Back to Basics)
    SERPA retention or concealed...

    "Those who hammer their guns into plows will plow for those who do not." ~Thomas Jefferson
    (Borrowed from "The Perfect Day" by LTC Dave Grossman)

  10. #10
    Founder's Club Member - Moderator ed's Avatar
    Join Date
    Mar 2008
    Location
    Loudoun County - Dulles Airport, Virginia, USA
    Posts
    4,848

    Post imported post

    Wooley wrote:
    My little girls daycare does not have a K program. I asked what their feelings were as far as me carrying when picking her up or dropping her off.

    They talked to management and called me saying they'd prefer I leave it in the car. She'll be going to a new daycare next week.
    There is the problem. If you just did it and went about your business, they probably would never have talked to management. Just go about your business.... If they ask what you do for a living.. Simply smile.. and say "I work really hard to pay for day care", kiss yer kid goodbye and walk out.
    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
    - - - -
    For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)

  11. #11
    Founder's Club Member - Moderator ed's Avatar
    Join Date
    Mar 2008
    Location
    Loudoun County - Dulles Airport, Virginia, USA
    Posts
    4,848

    Post imported post

    Wooley wrote:
    I agree with you for the most part, but I still try to respect the property owners wishes.
    I respect the wishes of property owners too.. I just don't go look for them to get up in MY business.. if they do.. then I address it. That is why VCDL has a don't ask don't tell policy. It's your daycare.. but maybe my kid went there too.. then you go ask. "Can I bring my gun in here? No? well you don't have a sign??!?!" then they put up a sign and now I can't come in even if I was CC. That was my point. I think if you asked 100 random places you would get about a 50/50 response. If you just went to those same 100 places and acted normally but did not ask them anything.. it would be 95/5 or 90/10. I am simply sayin that I try and go with thr numbers.
    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
    - - - -
    For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)

  12. #12
    Campaign Veteran
    Join Date
    Sep 2008
    Location
    Richmond, Virginia, USA
    Posts
    394

    Post imported post

    ed wrote:
    Wooley wrote:
    My little girls daycare does not have a K program. I asked what their feelings were as far as me carrying when picking her up or dropping her off.

    They talked to management and called me saying they'd prefer I leave it in the car. She'll be going to a new daycare next week.
    There is the problem. If you just did it and went about your business, they probably would never have talked to management. Just go about your business.... If they ask what you do for a living.. Simply smile.. and say "I work really hard to pay for day care", kiss yer kid goodbye and walk out.
    I understand that point of view, and used to share it. I now prefer to know where businesses I patronize stand on the issue. While I won't call or ask, I am usually OCing, so if they have a problem with it, they will speak up.

    If they do have an issue, they get added to the Friend or Foe site with a negative rating, and I move on to somewhere else that doesn't mind. In this economy, we have a bit more leverage than we might usually have, and I intend to use it to the fullest extent.
    Find businesses that are pro gun...and those that aren't. Friend or Foe - Version 2 is online!

  13. #13
    Campaign Veteran
    Join Date
    Sep 2008
    Location
    Richmond, Virginia, USA
    Posts
    394

    Post imported post

    ed wrote:
    Wooley wrote:
    I agree with you for the most part, but I still try to respect the property owners wishes.
    I respect the wishes of property owners too.. I just don't go look for them to get up in MY business.. if they do.. then I address it. That is why VCDL has a don't ask don't tell policy. It's your daycare.. but maybe my kid went there too.. then you go ask. "Can I bring my gun in here? No? well you don't have a sign??!?!" then they put up a sign and now I can't come in even if I was CC. That was my point. I think if you asked 100 random places you would get about a 50/50 response. If you just went to those same 100 places and acted normally but did not ask them anything.. it would be 95/5 or 90/10. I am simply sayin that I try and go with thr numbers.
    While I don't want to put any CC'er out (which is why I don't call or ask), I'd much prefer to know where those 50 businesses are. I want to support the people that support my rights. If I don't know who they are, I can't do that. It's a catch 22 situation.
    Find businesses that are pro gun...and those that aren't. Friend or Foe - Version 2 is online!

  14. #14
    Regular Member
    Join Date
    Oct 2006
    Location
    4 hours south of HankT, ,
    Posts
    5,121

    Post imported post

    Whenever you ask the managment, you force them to make a decision about something they probably hadn't thought of, and you put them on the spot. The person you are asking is under pressure to play it safe and tell you "no". He's more afraid of what his boss or his insurance company or his many non-OC customers will think than he is of what you might think.

    If you just OC and act like a gentleman, they may see it and not bother to ask you about it. If none of the other customers say anything, why should they?

    That is my take on it, anyway. Doesn't always hold true, of course, but as long as you're polite and you don't have some pre-knowledge of the owner's dislike for visible firearms it's not disrespectful to do this.

  15. #15
    Regular Member MSC 45ACP's Avatar
    Join Date
    Apr 2009
    Location
    Newport News, Virginia, USA
    Posts
    2,845

    Post imported post

    Tomahawk wrote:
    Whenever you ask the managment, you force them to make a decision about something they probably hadn't thought of, and you put them on the spot. The person you are asking is under pressure to play it safe and tell you "no". He's more afraid of what his boss or his insurance company or his many non-OC customers will think than he is of what you might think.

    If you just OC and act like a gentleman, they may see it and not bother to ask you about it. If none of the other customers say anything, why should they?

    That is my take on it, anyway. Doesn't always hold true, of course, but as long as you're polite and you don't have some pre-knowledge of the owner's dislike for visible firearms it's not disrespectful to do this.
    I agree with Tomahawk. I've been in a lot of places lately while OC'ing and rarely get a second glance. I look like I know what I'm doing and where I'm going (when I'm actually retired and haven't a clue). I do wear an ugly Binachi black ballistic nylon with a thumb-break because I'm used to a wearing a similar model when I was still working. It does look kinda "cop-like", I guess.
    "If I know that I am headed for a fight, I want something larger with more power, preferably crew-served.
    However, like most of us, as I go through my daily life, I carry something a bit more compact, with a lot less power."
    (unknown 'gun~writer')

    Remington 1911 R1 (Back to Basics)
    SERPA retention or concealed...

    "Those who hammer their guns into plows will plow for those who do not." ~Thomas Jefferson
    (Borrowed from "The Perfect Day" by LTC Dave Grossman)

  16. #16
    Founder's Club Member - Moderator ed's Avatar
    Join Date
    Mar 2008
    Location
    Loudoun County - Dulles Airport, Virginia, USA
    Posts
    4,848

    Post imported post

    No law (that I know of) tells me that I have to explain what I do for a living when asked. It is different than impersonating a LEO. I hardly ever get asked... but if I do, I could just reply with "Man.. those April Showers REALLY DO bring May flowers dont they?!" and walk awy or say something like "I am sorry, I am not at liberty to say who I work for but I sure hope you wave a wonderful day!". Add yer own winks and grins as appropriate.
    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
    - - - -
    For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)

  17. #17
    Regular Member
    Join Date
    Oct 2006
    Location
    4 hours south of HankT, ,
    Posts
    5,121

    Post imported post

    ed wrote:
    No law (that I know of) tells me that I have to explain what I do for a living when asked. It is different than impersonating a LEO. I hardly ever get asked... but if I do, I could just reply with "Man.. those April Showers REALLY DO bring May flowers dont they?!" and walk awy or say something like "I am sorry, I am not at liberty to say who I work for but I sure hope you wave a wonderful day!". Add yer own winks and grins as appropriate.
    Tell them you work in a comic book shop and you spend all day reading Punisher comics.

  18. #18
    Regular Member
    Join Date
    Feb 2007
    Location
    USA
    Posts
    7,607

    Post imported post

    What about home schooling?

  19. #19
    Regular Member
    Join Date
    Oct 2006
    Location
    4 hours south of HankT, ,
    Posts
    5,121

    Post imported post

    LEO 229 wrote:
    What about home schooling?
    LOL You mean if you homeschool you can't carry a firearm in your own living room?

  20. #20
    Regular Member
    Join Date
    Feb 2007
    Location
    USA
    Posts
    7,607

    Post imported post

    Tomahawk wrote:
    LEO 229 wrote:
    What about home schooling?
    LOL You mean if you homeschool you can't carry a firearm in your own living room?
    Sure....

  21. #21
    Regular Member riverrat10k's Avatar
    Join Date
    Aug 2008
    Location
    on a rock in the james river
    Posts
    1,453

    Post imported post

    I worry (slighlty) about this issue. I park not ten feet from a fenced in daycare play area. I often grab the gun off the seat before carrying into the office or pull it before entering the vehicle depending upon how I am carrying.

    I generally try to be discrete but I will in no way let my rights be infringed upon. The thousand foot rule is idiocy. What if my office was next to a public school? Would I not be allowed to carry in my own privately owned parking lot? Rubbish.

    I admit that when the kids are out, I tend to stay away from the fence when going to lunch, etc. Parents protecting cubs can be a bit loopy. Will OC at my bank later today and then see what happens at Applebee's for lunch. Probably indifferently conceal since my shirt is out and fairly long today.
    Remember Peter Nap and Skidmark. Do them proud. Be active. Be well informed. ALL rights matter.

    "An armed society is a polite society. Manners are good when you may have to back up your acts with your life."

    --Robert A. Heinlein

    Hey NSA! *&$# you. Record this--- MOLON LABE!

  22. #22
    Regular Member
    Join Date
    Dec 2008
    Location
    Bluefield, West Virginia, USA
    Posts
    113

    Post imported post

    LEO 229 wrote:
    Tomahawk wrote:
    LEO 229 wrote:
    What about home schooling?
    LOL You mean if you homeschool you can't carry a firearm in your own living room?
    Sure....
    The provisions of this section shall not apply to (iii) persons who possess such weapon or weapons as a part of any program sponsored or facilitated by either the school or any organization authorized by the school to conduct its programs either on or off the school premises;

    So just add marksmanship, safe firearm handling, RKBA laws, etc to your school curriculum

  23. #23
    Regular Member Thundar's Avatar
    Join Date
    Sep 2007
    Location
    Newport News, Virginia, USA
    Posts
    4,961

    Post imported post

    Tomahawk wrote:
    LEO 229 wrote:
    What about home schooling?
    LOL You mean if you homeschool you can't carry a firearm in your own living room?
    Nah, as the principal of my home school, I'll let you remain armed Tomahawk. Now LEO 229 on the other hand....
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitableand let it come! I repeat it, Sir, let it come . PATRICK HENRY speech 1776

  24. #24
    Regular Member
    Join Date
    Feb 2007
    Location
    USA
    Posts
    7,607

    Post imported post

    Thundar wrote:
    Tomahawk wrote:
    LEO 229 wrote:
    What about home schooling?
    LOL You mean if you homeschool you can't carry a firearm in your own living room?
    Nah, as the principal of my home school, I'll let you remain armed Tomahawk. Now LEO 229 on the other hand....
    Oh Man!!! That sucks!!

  25. #25
    Founder's Club Member
    Join Date
    Jun 2006
    Location
    Spotsylvania County, Virginia, USA
    Posts
    700

    Post imported post

    LEO 229 wrote:
    Thundar wrote:
    Nah, as the principal of my home school, I'll let you remain armed Tomahawk. Now LEO 229 on the other hand....
    Oh Man!!! That sucks!!
    And, I hear there is an open desk in detention hall.
    ---

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •