imported post
Mr. DiGiacinto:
Seems to me the only Law under Virginia Code that would bar possesion of Firearms on School Property would be 18.2-308.1.
'School', per this Code, means any: [Public, Private, Religious] Elementary, Middle, High School, for Primary or Secondary Education, under Virginia Law Title 22.1.
In accordance with Virginia Law 15.2-915, Virginia Law supercedes any such regulation by GMU, it being a Higher Institution of Learning, not being applicable to Virginia Code 18.2-308.1.
As to why the Fairfax Circuit Court did not grant your request to invalidate GMU's Ordinance, which stands contrary to 15.2-915, is beyond me, however; I trust that The Virginia Supreme Court will fix that matter.
As stated on page 4, of the 2009 George Mason University Police Department Policy Handbook, governing Student/Visitor Conduct on GMU Property, Weapons are forbidden. Clearly, this prohibition runs afoul with Virginia Law 15.2-915.
Is not it ironic that The GMU Police so vehemetly cite Virginia Law relating to Alcohol, Drugs, and Sexual Assault so studiously, yet refuse to do so with Weapons?
§ 15.2-1425. Actions by localities.
The governing body of every locality in the performance of its duties, obligations and functions may adopt, as appropriate, ordinances, resolutions and motions.
(1997)
§ 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 by15.2-1425, 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.)
Last time I checked..., unless I am mistaken..., HB 1271 failed in The Militia, Police, and Public Safety Committee during the Virginia 2010 Legislative Session. This Bill would have allowed this regulation permissable, however; it failed through Vote.