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HB 91: Higher educational institutions; possession of concealed handguns by faculty

TFred

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Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
New bill submitted yesterday by Delegate Robert G. Marshall of Manassas. Already some press coverage.

TFred

Should Professors Pack Heat?

HB 91: Higher educational institutions; possession of concealed handguns by faculty members.

----------
HOUSE BILL NO. 91
Offered January 11, 2012
Prefiled December 27, 2011

A BILL to amend the Code of Virginia by adding a section numbered 23-9.2:3.04,
relating to possession of concealed handguns by faculty members at public institutions of higher education.
----------
Patron-- Marshall, R.G.
----------
Committee Referral Pending
----------​

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 23-9.2:3.04 as follows:

§ 23-9.2:3.04. Possession of handguns by faculty members.

A. Notwithstanding any provision of law to the contrary, no board of visitors or other governing body of a public institution of higher education shall adopt or enforce any rule, regulation, or policy, and no appointee, employee, or agent of the institution shall take any administrative action governing the carrying of a concealed handgun on the property of or in buildings owned by the institution by a full-time faculty member of the institution who possesses a valid Virginia concealed handgun permit.

B. Any rule, regulation, or policy adopted by a board of visitors or governing body of a public institution of higher education prior to July 1, 2012, that would prohibit a full-time faculty member of the institution who possesses a valid Virginia concealed handgun permit from carrying a concealed handgun on the property of or in the buildings owned by the institution is invalid.
 

peter nap

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Messages
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New bill submitted yesterday by Delegate Robert G. Marshall of Manassas. Already some press coverage.

TFred

Should Professors Pack Heat?

HB 91: Higher educational institutions; possession of concealed handguns by faculty members.

----------
HOUSE BILL NO. 91
Offered January 11, 2012
Prefiled December 27, 2011

A BILL to amend the Code of Virginia by adding a section numbered 23-9.2:3.04,
relating to possession of concealed handguns by faculty members at public institutions of higher education.
----------
Patron-- Marshall, R.G.
----------
Committee Referral Pending
----------​

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 23-9.2:3.04 as follows:

§ 23-9.2:3.04. Possession of handguns by faculty members.

A. Notwithstanding any provision of law to the contrary, no board of visitors or other governing body of a public institution of higher education shall adopt or enforce any rule, regulation, or policy, and no appointee, employee, or agent of the institution shall take any administrative action governing the carrying of a concealed handgun on the property of or in buildings owned by the institution by a full-time faculty member of the institution who possesses a valid Virginia concealed handgun permit.

B. Any rule, regulation, or policy adopted by a board of visitors or governing body of a public institution of higher education prior to July 1, 2012, that would prohibit a full-time faculty member of the institution who possesses a valid Virginia concealed handgun permit from carrying a concealed handgun on the property of or in the buildings owned by the institution is invalid.

When I saw this I thought it was going to be the bill to watch. It'll be interesting to see where it's assigned and what happens then.

That will give us some insight as to how the Education bills will go this year.
 

Jay

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307
Location
Charlottesville, VA
Be nice if this applied to all employees and not just faculty since I work for one of these higher education facilities well actually the medical side of one :/
 

mk4

Regular Member
Joined
Sep 22, 2011
Messages
548
Location
VA
^^^
Agree.

I'd really like not to need to choose between disarming or breaking a university policy regulating faculty/staff/volunteers simply because I cross an invisible line on a major state campus.
 

KBCraig

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Granite State of Mind
Well it is a simple, to the point bill. If that's what it takes to build upon next year, so be it. I do wonder, why only faculty? Why only full time? Why a VIRGINIA permit?

I had exactly the same concerns.

It should be "any person legally carrying"; it could be an adjunct professor, a visiting scholar, an ordinary tourist, or of course a student.

If they're legal, there's no reason to restrict it to Virginia licensees.
 

peter nap

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Valhalla
Well it is a simple, to the point bill. If that's what it takes to build upon next year, so be it. I do wonder, why only faculty? Why only full time? Why a VIRGINIA permit?

Most of it is to make it easier to pass Jay. Just throw in the permit and make it only applicable to the higher ups and it will be considered.
An "all staff" or "Staff and Student" bill would only have a slim chance at getting through but with the latest Tech Shooting, it wouldn't have had a snowballs chance in downtown Fairfax.

The Virginia part is probably a little more sinister.

Back before "shall issue" Any Circuit Court Judge could issue a permit. People who lived in anti localities just applied in more gun friendly places.

The Concealed Weapons laws hadn't changed for many years but the push was on. In order to get changes through the GA, lobbyists ignored the grooming restrictions like requiring people to apply in the jurisdiction in which they reside. That opened the door to "Shall issue".

I suspect this is one such subtle move to restrict the use of out of state permits.

The Devil is always in the Details.
 

TFred

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Oct 13, 2008
Messages
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Location
Most historic town in, Virginia, USA
Most of it is to make it easier to pass Jay. Just throw in the permit and make it only applicable to the higher ups and it will be considered.
An "all staff" or "Staff and Student" bill would only have a slim chance at getting through but with the latest Tech Shooting, it wouldn't have had a snowballs chance in downtown Fairfax.

The Virginia part is probably a little more sinister.

Back before "shall issue" Any Circuit Court Judge could issue a permit. People who lived in anti localities just applied in more gun friendly places.

The Concealed Weapons laws hadn't changed for many years but the push was on. In order to get changes through the GA, lobbyists ignored the grooming restrictions like requiring people to apply in the jurisdiction in which they reside. That opened the door to "Shall issue".

I suspect this is one such subtle move to restrict the use of out of state permits.

The Devil is always in the Details.
Or is it possible that they've just overlooked that some Virginia residents choose to use out of state permits? Or is it a not-so-subtle statement that such practice is something not anticipated by the original reciprocity provisions?

TFred
 

peter nap

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Or is it possible that they've just overlooked that some Virginia residents choose to use out of state permits? Or is it a not-so-subtle statement that such practice is something not anticipated by the original reciprocity provisions?

TFred

For a couple of years some members of the GA have considered reciprocity an invasion of their turf. That's one of the dangers of P4P. A simple stroke of the pen can undo everything we've had in Virginia.
 

Marco

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Jul 29, 2007
Messages
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Greene County
Or is it possible that they've just overlooked that some Virginia residents choose to use out of state permits? Or is it a not-so-subtle statement that such practice is something not anticipated by the original reciprocity provisions?

TFred
IIRC, there are states that require residents to carry on a in state permit, AZ was one of those.
FWIR, UT non res permit is no good if you live in a shall issue state and don't have a res permit.
 

Thundar

Regular Member
Joined
Sep 12, 2007
Messages
4,946
Location
Newport News, Virginia, USA
New bill submitted yesterday by Delegate Robert G. Marshall of Manassas. Already some press coverage.

TFred

Should Professors Pack Heat?

HB 91: Higher educational institutions; possession of concealed handguns by faculty members.

----------
HOUSE BILL NO. 91
Offered January 11, 2012
Prefiled December 27, 2011

A BILL to amend the Code of Virginia by adding a section numbered 23-9.2:3.04,
relating to possession of concealed handguns by faculty members at public institutions of higher education.
----------
Patron-- Marshall, R.G.
----------
Committee Referral Pending
----------​

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 23-9.2:3.04 as follows:

§ 23-9.2:3.04. Possession of handguns by faculty members.

A. Notwithstanding any provision of law to the contrary, no board of visitors or other governing body of a public institution of higher education shall adopt or enforce any rule, regulation, or policy, and no appointee, employee, or agent of the institution shall take any administrative action governing the carrying of a concealed handgun on the property of or in buildings owned by the institution by a full-time faculty member of the institution who possesses a valid Virginia concealed handgun permit.

B. Any rule, regulation, or policy adopted by a board of visitors or governing body of a public institution of higher education prior to July 1, 2012, that would prohibit a full-time faculty member of the institution who possesses a valid Virginia concealed handgun permit from carrying a concealed handgun on the property of or in the buildings owned by the institution is invalid.

Ah yes, there it is! More P4P. Sure to be gobbled up by VCDL.

What we need is complete preemption which includes all public entities within the commonwealth (state authorities, agencies, etc.)
 

VApatriot

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May 8, 2006
Messages
998
Location
Burke/Blacksburg, Virginia, USA
This bill is absolutely useless. If we can get something like this passed in the GA, then there is no reason that we can't pass a bill that also protects the rights of students and staff. This bill settles for less when we are just as capable of getting much more. The only real challenge we face is making sure senators and delegates get passed the negative, anti-gun stigma of "evil guns on campus" at all. If we accomplish that (which I believe that we can do this year), then the doors will be fully open for the GA to preempt public colleges and universities against regulating visitors, faculty, staff, or students.
 

Thundar

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Messages
4,946
Location
Newport News, Virginia, USA
This bill is absolutely useless. If we can get something like this passed in the GA, then there is no reason that we can't pass a bill that also protects the rights of students and staff. This bill settles for less when we are just as capable of getting much more. The only real challenge we face is making sure senators and delegates get passed the negative, anti-gun stigma of "evil guns on campus" at all. If we accomplish that (which I believe that we can do this year), then the doors will be fully open for the GA to preempt public colleges and universities against regulating visitors, faculty, staff, or students.

+1000000 VApatriot! This is the same sort of crap that has kept Virginia from really advancing gun rights like other states.

We should push for:

Constitutional Carry
Uber Preemption
VA Firearms Freedom Act
Anti bloomberg law for all purchases in Virginia, including internet sales
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
There is no question but that full state preemption is the ideal, and constitutional carry,
and carry in K-12, and work place parking lots, and civil immunity,
and personal liability for any politician that knowingly passes illegal laws, et al.

All you have to do is get sponsors, then sufficient numbers from the various committees & both bodies of the GA to agree and get the governor to sign it. In a perfect world, this would be a cakewalk - unfortunately we do not live in such a world. It takes a lot of blood, sweat and tears + a lot of man hours to keep the ball moving forward.

Ask yourself how involved in the process are you. Are you just grousing and looking for VCDL to do it for you? Step up to the plate and lend a hand - become personally part of the solution.
 

Docgmt

Regular Member
Joined
May 29, 2011
Messages
49
Location
Central VA
Well said Grapeshot

We need more people to keep the pressure on their Del. & Sen, VCDL's political power comes from the citizens pushing their representative in the right direction.
 

Grapeshot

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Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Interesting that a post made it by all the ridicule of being a bill about CONCEALLED CARRY....

While the focus here is primarily on open carry, when a thread effects just a particular state CC law, it is routinely left in place rather than moved to General Discussion.

We do not ridicule CC, nor the proponents thereof. We defend/promote the personal choice of how one chooses to carry and expound upon the benefits of OC. :D
 
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