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Thread: HB 475: Possession of firearms on school property; concealed handgun permits

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    Regular Member TFred's Avatar
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    http://leg1.state.va.us/cgi-bin/legp...?101+sum+HB475

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    Possession of firearms on school property; concealed handgun permits. Allows a person who has a valid concealed handgun permit to carry a concealed handgun in a part of a school building not being used for school-related functions or extracurricular activities. The bill also allows persons with a valid concealed handgun permit to carry a concealed handgun while in a parking lot or traffic circle of a school, regardless of whether such person is in a vehicle. Current law only allows such a person to carry the concealed firearm in a parking lot or traffic circle while in a vehicle.

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    Regular Member 45acpForMe's Avatar
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    It would be simpler just to allow CHP holders to be on school "property" at anytime excluding buildings. Then in buildings during non-school hours or in areas that aren't in use for school activities.

    I guess one of my biggest pet pieves is that my gun has to be locked, unloaded before I get onsite to exit my vehicle. If I could be allowed to get out of my vehicle and lock it up before entering the school without being a felon, that would be nice. The same for rearming, when leaving school you have to stop somewhere off-school-property to retrieve your gun for CC or OC. The clause that states the handgun has to remain concealed at all time while on property in the existing law needs to be removed. If we are allowed in the parking lot and a wind blows my shirt up I don't want to be a felon.

    I haven't read all the text because the link wasn't working for me.

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    Regular Member TFred's Avatar
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    45acpForMe wrote:
    I haven't read all the text because the link wasn't working for me.
    Yeah, they don't have the full text posted yet, but I included the link so I wouldn't have to come back later and add it.

    They usually do it soon after it shows up in Summary form, but being the end of the day, they might not do it until tomorrow morning.

    TFred


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    I attend some county meetings at a local school pain in the rear having to dis-arm,unload,and lock it up to go in for a county meeting. If as a CHP holder I can go on the property it should be either OC or CC IMO. Also that clause about not while there is ANY extra carricular activities going on should go as well. Sometimes there areactivities and sometimes not, don't know until I walk in the door if some special school function is going on while my meetings are taking place, has to be worded WAY better.

    If I have my CHP I should be allowed on the property OC or CC,IMO. Regardless of hours or activities.

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    Activist Member Wolf_shadow's Avatar
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    TFred wrote:
    45acpForMe wrote:
    I haven't read all the text because the link wasn't working for me.
    Yeah, they don't have the full text posted yet, but I included the link so I wouldn't have to come back later and add it.

    They usually do it soon after it shows up in Summary form, but being the end of the day, they might not do it until tomorrow morning.

    TFred
    I like this one. The County BOS uses a school building for meetings.

    Here is the full text:

    HOUSE BILL NO. 475
    Offered January 13, 2010
    Prefiled January 12, 2010
    A BILL to amend and reenact §18.2-308.1 of the Code of Virginia, relating to possession of firearms on school property; concealed handgun permits.

    ----------
    Patron-- Carrico
    ----------
    Committee Referral Pending
    ----------
    Be it enacted by the General Assembly of Virginia:

    1. That §18.2-308.1 of the Code of Virginia is amended and reenacted as follows:

    § 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, or in a part of a school building when such part of the building is not being used for any school-related functions or extracurricular activities. 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.

    As used in this section:

    "Stun weapon" means any device that emits a momentary or pulsed output, which is electrical, audible, optical or electromagnetic in nature and which is designed to temporarily incapacitate a person.
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    The question that I have is, can I CC (with a CHP) on school property (inside the school building) when the school is closed to any/all school activity but being used strictly for a city celebration event which includes the use ofschool children (choir and band)?

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    Would love to see this pass, since I can't carry to church (even though I believe I have good and sufficient reason) since they have a school across the parking lot.

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    Regular Member vt357's Avatar
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    9MM Owner wrote:
    The question that I have is, can I CC (with a CHP) on school property (inside the school building) when the school is closed to any/all school activity but being used strictly for a city celebration event which includes the use ofschool children (choir and band)?
    Are you asking about right now or if this bill passes? Right now - NO - it's a felony for you to carry anywhere on school property except the traffic circle regardless of whether school activities are happening or not.

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    vt357 wrote:
    9MM Owner wrote:
    The question that I have is, can I CC (with a CHP) on school property (inside the school building) when the school is closed to any/all school activity but being used strictly for a city celebration event which includes the use ofschool children (choir and band)?
    Are you asking about right now or if this bill passes? Right now - NO - it's a felony for you to carry anywhere on school property except the traffic circle regardless of whether school activities are happening or no

    Assuming the bill passes, it will be legal to CC and OC in schools then?

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    Regular Member 45acpForMe's Avatar
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    Wolf_shadow wrote:
    HOUSE BILL NO. 475
    (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, or in a part of a school building when such part of the building is not being used for any school-related functions or extracurricular activities.
    This is still too vague (and complex in my opinion). The way it is worded you still can only CC in your car or in the building when not in use. So if you step out of your car you are a felon until you get into the building assuming it is not in use!

    It shoud read: CHP holders are allowed to CC in school buildings during non-school hours/days. CHP holders are allowed to CC on all school property outside buildings all the time.

    They also need to have some wording in there that doesn't make me a felon if I take my CC gun out and unload it and lock it in my safe/trunk. Something like CHP holders are allowed to OC temporarily while they are in the process of securing the firearm in a trunk/locked box.

    It may be easier to simply put it in the negative: No guns allowed in school buildings during school hours. :-)

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    45acpForMe wrote:
    snip..
    It may be easier to simply put it in the negative: No guns allowed in school buildings during school hours. :-)
    How about ,"Citizens with a valid CHP may possess firearms on school property".

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    Pagan wrote:
    45acpForMe wrote:
    snip..
    It may be easier to simply put it in the negative: No guns allowed in school buildings during school hours. :-)
    How about ,"Citizens with a valid CHP may possess firearms on school property".
    +2

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    Regular Member paramedic70002's Avatar
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    Agreed.

    I would love to hear any legislator with hands on this bill explain to me how my sidearm is more dangerous to the 'children' in school than it is in McDonalds, WalMart, RiteAid, a pharmacy, the county fair, the Capitol of VA, or any of a myriad of other places.
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    Can't wait to be able to vote while armed like other citizens in the Commonwealth already can (those who's polling place is NOT a K-12 school).

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    Regular Member paramedic70002's Avatar
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    VA changed the law a few years ago to allow parents to drop off and pick up kids without having to disarm, but I have to go inside to sign my son out every day. It's time to get rid of this stupid law.
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

    Guns Save Lives. Paramedics Save Lives. But...
    Paramedics With Guns Scare People!

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    Regular Member TFred's Avatar
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    paramedic70002 wrote:
    VA changed the law a few years ago to allow parents to drop off and pick up kids without having to disarm, but I have to go inside to sign my son out every day. It's time to get rid of this stupid law.
    Unfortunately, it would appear that this bill does not fix the problem you describe, although it seems to me that even the original bill probably intended to allow parents to pick up their kids from school while carrying concealed.

    I bet the original law was made without a "sign out" requirement in mind.

    It would appear this whole issue needs to be reconsidered.

    TFred


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    nova wrote:
    Can't wait to be able to vote while armed like other citizens in the Commonwealth already can (those who's polling place is NOT a K-12 school).
    +1 on that

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