Results 1 to 23 of 23

Thread: VA campus firearm laws

  1. #1
    Regular Member
    Join Date
    May 2007
    Location
    , ,
    Posts
    75

    Post imported post

    What are the firearm laws as they relate to possession on a college campus in Virginia?

  2. #2
    Regular Member
    Join Date
    Jun 2009
    Location
    Eastern Prince William Co. VA, ,
    Posts
    306

    Post imported post

    See the opinion of the Virginia Attorney General of 2006 at this link:

    http://www.vcdl.org/pdf/OP-05-078.pdf

    In part, the opinion says this:

    It is my opinion that the safe operation of the campus allows regulation of, or under limited circumstances, prohibition of, firearms by any persons attending events on campus, visiting dormitories or classroom buildings, attending specific events as invitees, or under any circumstance permitted by law. The universal prohibition of firearms by properly permitted persons other than students, faculty, administration, or employees, however, is not allowed under law. A board of visitors has responsibility for the protection of the students enrolled at their university. At the same time, the rights guaranteed by the Second Amendment of the Constitution of the United States14 and by Article I, § 13, of the Constitution of Virginia,15 which protect all citizens, may not be summarily dismissed for transient reasons.

    In light of the General Assembly’s specific statements regarding the limits of carrying concealed handguns and the grant of authority to colleges and universities to regulate the conduct of students and employees, it is my opinion that neither a board of visitors nor a president of a public college or university may infer authority from its enabling legislation to adopt a universal prohibition of carrying concealed handguns by holders with valid permits.



  3. #3
    Banned
    Join Date
    Jan 2010
    Location
    Fairborn, Ohio, USA
    Posts
    13,063

    Post imported post

    It is my opinion that the safe operation of the campus allows regulation of, or under limited circumstances, prohibition of, firearms by any persons attending events on campus, visiting dormitories or classroom buildings, attending specific events as invitees, or under any circumstance permitted by law.
    So they can regulate or prohibit firearms for a variety of reasons (theoretically not permitted by law) or under any circumstances permitted by law? That's how it appears to read.

  4. #4
    Regular Member
    Join Date
    Jun 2009
    Location
    Eastern Prince William Co. VA, ,
    Posts
    306

    Post imported post

    Kind of "fuzzy"; just like not carrying in a Church during a service without "good and sufficient reason".

    I OC'ed at Virginia Tech in April during an "International Fest", while I was in Blacksburg visiting my son. Not even a raised eyebrow from anybody including the Campus Police Security Patrols.

    I would image that the University would have to make a proclamation each and every time someone held an event.





  5. #5
    Regular Member t33j's Avatar
    Join Date
    Dec 2009
    Location
    King George, VA
    Posts
    1,384

    Post imported post

    SecondAmendmentStudents wrote:
    What are the firearm laws as they relate to possession on a college campus in Virginia?
    Not illegal.

    Students in all but one (Blue Ridge Community College) of Virginia's Universities are prohibited by student policy from carrying on their own campi.


    As an aside, I was having a discussion with a lawyer recently and he thought that the Board of Visitors of Virginia's public Universities are authorities as mentioned here:


    http://leg1.state.va.us/cgi-bin/legp...0+cod+15.2-915
    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.
    Sic Semper Tyrannis

  6. #6
    Regular Member
    Join Date
    May 2007
    Location
    , ,
    Posts
    75

    Post imported post

    I'm from Utah (with a Utah CFP), not a student at GMU, but will be attending an "event" at GMU in the near future. Sounds like I won't face any criminal sanctions if I choose to CC, but I could be un-invited from the event if I'm "found out". Does that about sum it up?

  7. #7
    Regular Member t33j's Avatar
    Join Date
    Dec 2009
    Location
    King George, VA
    Posts
    1,384

    Post imported post

    Graduation?? No. I remember reading reports of people OCing at graduation ceremonies (VTech) without issue.

    Sporting event?? Probably.

    We've been wanting a civil suit to come out on this issue anyway, so if you've got some cash you're willing to put up, we'd thank you for it.

    I would OC on any campus other than my own.
    Sic Semper Tyrannis

  8. #8
    Regular Member
    Join Date
    Jul 2009
    Location
    Richmond, Virginia, USA
    Posts
    52

    Post imported post

    Pretty much if you're a student/employee of the University expect to have various issues coming your way, mostly loss of job/enrollment and threats of other litigation which may be shaky, but isn't worth it to most of us to be the test case. Otherwise if you're unaffiliated with the university you may be asked to leave if they decide they don't like you carrying.

  9. #9
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,613

    Post imported post

    Jay Gatz wrote:
    Pretty much if you're a student/employee of the University expect to have various issues coming your way, mostly loss of job/enrollment and threats of other litigation which may be shaky, but isn't worth it to most of us to be the test case. Otherwise if you're unaffiliated with the university you may be asked to leave if they decide they don't like you carrying.
    What would their basis be for asking me to leave and how would that be enforced?

    I ask because a new truck would look good sitting in my driveway.

    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.

  10. #10
    Banned
    Join Date
    Jan 2010
    Location
    Fairborn, Ohio, USA
    Posts
    13,063

    Post imported post

    Grapeshot wrote:
    Jay Gatz wrote:
    Pretty much if you're a student/employee of the University expect to have various issues coming your way, mostly loss of job/enrollment and threats of other litigation which may be shaky, but isn't worth it to most of us to be the test case. Otherwise if you're unaffiliated with the university you may be asked to leave if they decide they don't like you carrying.
    What would their basis be for asking me to leave and how would that be enforced?

    I ask because a new truck would look good sitting in my driveway.

    Yata hey
    Anyone is free to ask you to leave. Freedom of Speech. The problem arises when they try to force you to leave. How would they go about that?

  11. #11
    Regular Member simmonsjoe's Avatar
    Join Date
    Nov 2009
    Location
    Mattaponi, Virginia, United States
    Posts
    1,664

    Post imported post

    eye95 wrote:
    Grapeshot wrote:
    Jay Gatz wrote:
    Pretty much if you're a student/employee of the University expect to have various issues coming your way, mostly loss of job/enrollment and threats of other litigation which may be shaky, but isn't worth it to most of us to be the test case. Otherwise if you're unaffiliated with the university you may be asked to leave if they decide they don't like you carrying.
    What would their basis be for asking me to leave and how would that be enforced?

    I ask because a new truck would look good sitting in my driveway.

    Yata hey
    Anyone is free to ask you to leave. Freedom of Speech. The problem arises when they try to force you to leave. How would they go about that?
    They could force Grapeshot to leave for high 5,,, maybe 6 figures?
    illegal ≠ immoral legal ≠ moral
    [SIZE=1]"I never submitted the whole system of my opinions to the creed of any party of men whatever in religion, in philosophy, in politics, or in anything else where I was capable of thinking for myself. "Such an addiction is the last degradation of a free and moral agent." - Thomas Jefferson
    G19 Gen 4; Bersa Thunder 380; Sig Sauer P238; Kel-Tec su-16c

  12. #12
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,613

    Post imported post

    simmonsjoe wrote:
    eye95 wrote:
    Grapeshot wrote:
    Jay Gatz wrote:
    Pretty much if you're a student/employee of the University expect to have various issues coming your way, mostly loss of job/enrollment and threats of other litigation which may be shaky, but isn't worth it to most of us to be the test case. Otherwise if you're unaffiliated with the university you may be asked to leave if they decide they don't like you carrying.
    What would their basis be for asking me to leave and how would that be enforced?

    I ask because a new truck would look good sitting in my driveway.

    Yata hey
    Anyone is free to ask you to leave. Freedom of Speech. The problem arises when they try to force you to leave. How would they go about that?
    They could force Grapeshot to leave for high 5,,, maybe 6 figures?
    Only long enough to accept delivery.

    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.

  13. #13
    Regular Member
    Join Date
    Jun 2007
    Location
    Shenandoah Valley, Virginia
    Posts
    3,806

    Post imported post

    t33j wrote:
    SecondAmendmentStudents wrote:
    What are the firearm laws as they relate to possession on a college campus in Virginia?
    Not illegal.

    Students in all but one (Blue Ridge Community College) of Virginia's Universities are prohibited by student policy from carrying on their own campi.
    And that's the way I likes it.

    Even if the policy handbook is a bit confusing.
    Why open carry? Because 1911 > 911.

  14. #14
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    1,605

    Post imported post

    Virginia LAw 15.1-915 overrides Campus Policy.

  15. #15
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,613

    Post imported post

    aadvark wrote:
    Virginia LAw 15.1-915 overrides Campus Policy.
    If you or anyone us had been the judge in DiGiacinto v. The Rector and Vistors of George Mason University , this thread would likely not exist.

    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
    Regular Member
    Join Date
    Oct 2008
    Location
    Baton Rouge, Louisiana, USA
    Posts
    125

    Post imported post

    Broken link. Tried to find the case; found this:

    http://www.nacua.org/documents/DiGiancinto_v_GMU.pdf

  17. #17
    Banned
    Join Date
    Jan 2010
    Location
    Fairborn, Ohio, USA
    Posts
    13,063

    Post imported post

    Was this ruling appealed?

  18. #18
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,613

    Post imported post

    eye95 wrote:
    Was this ruling appealed?
    Yep - http://opencarry.mywowbb.com/forum54/41545-1.html

    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.

  19. #19
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    1,605

    Post imported post

    Maybe the Virginia Supreme Court will straighten GMU out!

    They should..., as Virginia Law 15.1-915 trumps Campus Policy!

  20. #20
    Regular Member
    Join Date
    Jun 2009
    Location
    Eastern Prince William Co. VA, ,
    Posts
    306

    Before the Open Carry Movement Got Started

    Around 2004, before the Open Carry movement got a foothold and before people were aware of their rights, I went to my son's graduation at Virginia Tech. It was being held in the Field House.

    I was carrying a SigSauer P220 and had a sports jacket to conceal it.

    Upon going up to the Field House, I noticed that the Security was searching camera bags, purses and then doing a general "pat-down" of each person. I told my wife: "They're not going to let me in."

    So I went to the car, disassembled the P220, put the magazines and holster under a pull-up foam pad of my camera bag, the slide and barrel in one of the zippered pouches, and the frame in the side pocket of my sports jacket.

    Security looked through my bag, patted me down and wished me an enjoyable time.

  21. #21
    Regular Member
    Join Date
    Aug 2007
    Location
    US
    Posts
    3,156
    Quote Originally Posted by rugerdon View Post
    "They're not going to let me in."
    In my mind I would have said "They're not going to search me."

    Police at Virginia Tech are sworn law enforcement officers, and therefore would need probable cause or permission to search my person. They would have neither.

  22. #22
    Banned
    Join Date
    Jan 2010
    Location
    Fairborn, Ohio, USA
    Posts
    13,063
    IANAL.

    But, doesn't your acceptance of the license to be part of the event at that venue grant permission for them to search you? This is true at many sporting events and concerts. You have a right not to be searched. But, then, you can't go in to the event.

  23. #23
    Regular Member karolynrgalarza's Avatar
    Join Date
    Jun 2010
    Location
    Newport News, Virginia, USA
    Posts
    67
    Quote Originally Posted by nova View Post
    In my mind I would have said "They're not going to search me."

    Police at Virginia Tech are sworn law enforcement officers, and therefore would need probable cause or permission to search my person. They would have neither.
    I love your avatar!!!!!
    "I ask, Who are the militia? They consist now of the whole people, except a few public officers."
    To disarm the people; that it was the best and most effectual way to enslave them.

    George Mason

Posting Permissions

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