Bill Text: VA HB1080 | 2020 | Regular Session | Prefiled
Bill Title: Firearms or other weapons; unauthorized to possess on school property.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2020-04-10 - Governor: Acts of Assembly Chapter text (CHAP1037) [HB1080 Detail]
Download: Virginia-2020-HB1080-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §18.2-308.1 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 22.1-280.2:4 as follows:
§18.2-308.1. Possession of firearm, stun weapon, or other weapon on school property prohibited; penalty.
A. If any person knowingly 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 is guilty of a Class 1 misdemeanor.
B. If any person knowingly 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 is guilty of a Class 6 felony.
C. If any person knowingly possesses any firearm designed or intended to expel a projectile by action of an explosion of a combustible material 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 is guilty of a Class 6 felony and sentenced to a mandatory minimum term of imprisonment of five years to be served consecutively with any other sentence.
D. The
exemptions set out in §§18.2-308 and 18.2-308.016 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, or retired law-enforcement officer qualified
pursuant to subsection C of §18.2-308.016; (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; (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; (viii) a school security officer authorized to carry a
firearm pursuant to §22.1-280.2:1; or (ix) an armed security officer, licensed
pursuant to Article 4 (§9.1-138 et seq.) of Chapter 1 of Title 9.1, hired by a
private or religious school for the protection of students and employees as
authorized by such school. For the purposes of this paragraph
subsection, "weapon" includes a knife having a metal
blade of three inches or longer and "closed container" includes a
locked vehicle trunk.
E. Nothing in subsection D or any other provision of law shall be construed as providing an exemption to the provisions of this section for a special conservator of the peace appointed pursuant to §19.2-13, other than the specifically enumerated exemptions that apply to the general population as provided in subsection D.
F. 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.
§ 22.1-280.2:4. School boards; firearms on school property.
No school board may authorize or designate any person to possess a firearm on school property other than those persons expressly authorized by statute.
