2006 Code of Virginia § 18.2-308.1 - Possession of firearm, stun weapon, or other weapon on school property prohibited

18.2-308.1. Possession of firearm, stun weapon, or other weapon on schoolproperty prohibited.

A. If any person possesses any (i) stun weapon or taser as defined in thissection; (ii) knife, except a pocket knife having a folding metal blade ofless 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) theproperty of any public, private or religious elementary, middle or highschool, including buildings and grounds; (b) that portion of any propertyopen to the public and then exclusively used for school-sponsored functionsor extracurricular activities while such functions or activities are takingplace; or (c) any school bus owned or operated by any such school, he shallbe guilty of a Class 1 misdemeanor.

B. If any person possesses any firearm designed or intended to expel aprojectile by action of an explosion of a combustible material while suchperson is upon (i) any public, private or religious elementary, middle orhigh school, including buildings and grounds; (ii) that portion of anyproperty open to the public and then exclusively used for school-sponsoredfunctions or extracurricular activities while such functions or activitiesare taking place; or (iii) any school bus owned or operated by any suchschool, he shall be guilty of a Class 6 felony; however, if the personpossesses any firearm within a public, private or religious elementary,middle or high school building and intends to use, or attempts to use, suchfirearm, or displays such weapon in a threatening manner, such person shallbe sentenced to a mandatory minimum term of imprisonment of five years to beserved consecutively with any other sentence.

The exemptions set out in 18.2-308 shall apply, mutatis mutandis, to theprovisions 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'scurriculum or activities; (ii) a person possessing a knife customarily usedfor food preparation or service and using it for such purpose; (iii) personswho possess such weapon or weapons as a part of any program sponsored orfacilitated by either the school or any organization authorized by the schoolto conduct its programs either on or off the school premises; (iv) anylaw-enforcement officer; (v) any person who possesses a knife or blade whichhe uses customarily in his trade; (vi) a person who possesses an unloadedfirearm that is in a closed container, or a knife having a metal blade, in orupon a motor vehicle, or an unloaded shotgun or rifle in a firearms rack inor upon a motor vehicle; or (vii) a person who has a valid concealed handgunpermit and possesses a concealed handgun while in a motor vehicle in aparking lot, traffic circle, or other means of vehicular ingress or egress tothe school. For the purposes of this paragraph, "weapon" includes a knifehaving 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 mechanism that is (i) designed to emit anelectronic, magnetic, or other type of charge that exceeds the equivalency ofa five milliamp 60 hertz shock and (ii) used for the purpose of temporarilyincapacitating a person; and

"Taser" means any mechanism that is (i) designed to emit an electronic,magnetic, or other type of charge or shock through the use of a projectileand (ii) used for the purpose of temporarily incapacitating a person.

(1979, c. 467; 1988, c. 493; 1990, cc. 635, 744; 1991, c. 579; 1992, cc. 727,735; 1995, c. 511; 1999, cc. 587, 829, 846; 2001, c. 403; 2003, cc. 619, 976;2004, cc. 128, 461; 2005, cc. 830, 928.)

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