TFred wrote:
virginiatuck wrote:
fully_armed_biker wrote:
My question would have to be, how does this affect the federal Gun Free Schools Zone Act, since many churches also have schools? Not that it's the responsibility of the state to enforce federal law...but, I don't think the defense, "My pastor told me I could" would hold up in federal court.
The bill in question applies to those who have a concealed handgun permit. Since the hypothetical person has a CHP, the
GFSZA does not apply. Only
§ 18.2-308.1 applies.
The bill in question would have no affect on § 18.2-308.1.
There are some opinions that out-of-state permits do not exempt you from the GFSZA. So, for example, a holder of only a Utah permit might still have a problem.
TFred
I have heard that opinion; it might be correct, but has yet to be tested, as far as I know.
That comes from the section:
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license,
the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
The text in bold is the part that makes it questionable as to whether an out-of-state permit is a valid exception; in the case of out-of-state permits the law enforcement authorities of Virginia or X county/city of Virginia have not actually verified that the individual is qualified under law to receive the license.
In the case of schools in Virginia, out-of-state permits might be a valid exception to the GFSZA because Virginia only recognizes permits from other states that would not issue them to someone who would be disqualified under Virginia law [18.2-308(P)]. I do see the weakness in this argument, however.
