{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-308.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-308.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-308.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-308.1.html"}],"law_id":58832,"edition_id":1,"section_id":58832,"structure_id":13912,"section_number":"18.2-308.1","catch_line":"Possession of firearm, stun weapon, or other weapon on school property prohibited; penalty","history":"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; 2007, c. 519; 2011, c. 282; 2013, c. 416; 2015, c. 289; 2016, c. 257; 2017, c. 311; 2020, cc. 693, 1037, 1249.","full_text":"A\n\nIf 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 &#xA7; 18.2-308, other than a firearm; upon (a) the property of any child day center or public, private, or religious preschool, 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\n\nIf 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) the property of any child day center or public, private, or religious preschool, 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\n\nIf any person knowingly possesses any firearm designed or intended to expel a projectile by action of an explosion of a combustible material within the building of a child day center or public, private, or religious preschool, elementary, middle, or high school 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\n\nThe child day center and private or religious preschool provisions of this section (i) shall apply only during the operating hours of such child day center or private or religious preschool and (ii) shall not apply to any person (a) whose residence is on the property of a child day center or a private or religious preschool and (b) who possesses a firearm or other weapon prohibited under this section while in his residence.E\n\nThe exemptions set out in &#xA7;&#xA7; 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&#8217;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 &#xA7; 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 or a stun weapon 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 or a stun weapon 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 &#xA7; 22.1-280.2:1; or (ix) an armed security officer, licensed pursuant to Article 4 (&#xA7; 9.1-138 et seq.) of Chapter 1 of Title 9.1, hired by a child day center or a private or religious school for the protection of students and employees as authorized by such school. For the purposes of this subsection, &#8220;weapon&#8221; includes a knife having a metal blade of three inches or longer and &#8220;closed container&#8221; includes a locked vehicle trunk.F\n\nNothing in subsection E 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 &#xA7; 19.2-13, other than the specifically enumerated exemptions that apply to the general population as provided in subsection E.G\n\nAs used in this section:\n\t\t\t&#8220;Child day center&#8221; means a child day center, as defined in &#xA7; 22.1-289.02, that is licensed in accordance with the provisions of Chapter 14.1 (&#xA7; 22.1-289.02 et seq.) of Title 22.1 and is not operated at the residence of the provider or of any of the children.\n\t\t\t&#8220;Stun weapon&#8221; 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.","order_by":null,"text":{"0":{"id":215544,"text":"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 &#xA7; 18.2-308, other than a firearm; upon (a) the property of any child day center or public, private, or religious preschool, 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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":215545,"text":"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) the property of any child day center or public, private, or religious preschool, 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":215546,"text":"If any person knowingly possesses any firearm designed or intended to expel a projectile by action of an explosion of a combustible material within the building of a child day center or public, private, or religious preschool, elementary, middle, or high school 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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":215547,"text":"The child day center and private or religious preschool provisions of this section (i) shall apply only during the operating hours of such child day center or private or religious preschool and (ii) shall not apply to any person (a) whose residence is on the property of a child day center or a private or religious preschool and (b) who possesses a firearm or other weapon prohibited under this section while in his residence.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":215548,"text":"The exemptions set out in &#xA7;&#xA7; 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&#8217;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 &#xA7; 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 or a stun weapon 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 or a stun weapon 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 &#xA7; 22.1-280.2:1; or (ix) an armed security officer, licensed pursuant to Article 4 (&#xA7; 9.1-138 et seq.) of Chapter 1 of Title 9.1, hired by a child day center or a private or religious school for the protection of students and employees as authorized by such school. For the purposes of this subsection, &#8220;weapon&#8221; includes a knife having a metal blade of three inches or longer and &#8220;closed container&#8221; includes a locked vehicle trunk.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":215549,"text":"Nothing in subsection E 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 &#xA7; 19.2-13, other than the specifically enumerated exemptions that apply to the general population as provided in subsection E.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":215550,"text":"As used in this section:\n\t\t\t&#8220;Child day center&#8221; means a child day center, as defined in &#xA7; 22.1-289.02, that is licensed in accordance with the provisions of Chapter 14.1 (&#xA7; 22.1-289.02 et seq.) of Title 22.1 and is not operated at the residence of the provider or of any of the children.\n\t\t\t&#8220;Stun weapon&#8221; 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.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":13912,"edition_id":1,"name":"Other Illegal Weapons","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":12973,"metadata":{},"date_created":"2026-06-26 03:46:16","date_modified":"2026-06-26 03:46:16","permalink":{"id":167193,"object_type":"structure","relational_id":13912,"identifier":"7","token":"18.2\/7\/7","url":"\/18.2\/7\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12973,"edition_id":1,"name":"Crimes Involving Health and Safety","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":166501,"object_type":"structure","relational_id":12973,"identifier":"7","token":"18.2\/7","url":"\/18.2\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58832,"structure_id":13912,"section_number":"18.2-308.1","catch_line":"Possession of firearm, stun weapon, or other weapon on school property prohibited; penalty","url":"\/18.2-308.1\/","token":"18.2\/7\/7\/18.2-308.1","metadata":false},{"id":81568,"structure_id":13912,"section_number":"18.2-308.1:1","catch_line":"Purchase, possession, or transportation of firearms by persons acquitted by reason of insanity; penalty","url":"\/18.2-308.1_1\/","token":"18.2\/7\/7\/18.2-308.1_1","metadata":false},{"id":86450,"structure_id":13912,"section_number":"18.2-308.1:2","catch_line":"Purchase, possession, or transportation of firearm by persons adjudicated legally incompetent or mentally incapacitated; penalty","url":"\/18.2-308.1_2\/","token":"18.2\/7\/7\/18.2-308.1_2","metadata":false},{"id":81410,"structure_id":13912,"section_number":"18.2-308.1:3","catch_line":"Purchase, possession, or transportation of firearm by persons involuntarily admitted or ordered to outpatient treatment; penalty","url":"\/18.2-308.1_3\/","token":"18.2\/7\/7\/18.2-308.1_3","metadata":false},{"id":72509,"structure_id":13912,"section_number":"18.2-308.1:4","catch_line":"Purchase or transportation of firearm by persons subject to protective orders; penalties","url":"\/18.2-308.1_4\/","token":"18.2\/7\/7\/18.2-308.1_4","metadata":false},{"id":66125,"structure_id":13912,"section_number":"18.2-308.1:5","catch_line":"Purchase or transportation of firearm by persons convicted of certain drug offenses prohibited","url":"\/18.2-308.1_5\/","token":"18.2\/7\/7\/18.2-308.1_5","metadata":false},{"id":73257,"structure_id":13912,"section_number":"18.2-308.1:6","catch_line":"Purchase, possession, or transportation of firearms by persons subject to substantial risk orders; penalty","url":"\/18.2-308.1_6\/","token":"18.2\/7\/7\/18.2-308.1_6","metadata":false},{"id":81270,"structure_id":13912,"section_number":"18.2-308.1:7","catch_line":"Purchase, possession, or transportation of firearm by persons enrolled into the Voluntary Do Not Sell Firearms List; penalty","url":"\/18.2-308.1_7\/","token":"18.2\/7\/7\/18.2-308.1_7","metadata":false},{"id":81427,"structure_id":13912,"section_number":"18.2-308.1:8","catch_line":"Purchase, possession, or transportation of firearm following an assault and battery of a family or household member; penalty","url":"\/18.2-308.1_8\/","token":"18.2\/7\/7\/18.2-308.1_8","metadata":false},{"id":56786,"structure_id":13912,"section_number":"18.2-308.2","catch_line":"Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for restoration order; when issued","url":"\/18.2-308.2\/","token":"18.2\/7\/7\/18.2-308.2","metadata":false},{"id":54959,"structure_id":13912,"section_number":"18.2-308.2:01","catch_line":"Possession or transportation of certain firearms by certain persons","url":"\/18.2-308.2_01\/","token":"18.2\/7\/7\/18.2-308.2_01","metadata":false},{"id":61558,"structure_id":13912,"section_number":"18.2-308.2:1","catch_line":"Prohibiting the selling, etc., of firearms to certain persons; penalties","url":"\/18.2-308.2_1\/","token":"18.2\/7\/7\/18.2-308.2_1","metadata":false},{"id":80010,"structure_id":13912,"section_number":"18.2-308.2:2","catch_line":"Criminal history record information check required for the transfer of certain firearms","url":"\/18.2-308.2_2\/","token":"18.2\/7\/7\/18.2-308.2_2","metadata":false},{"id":79132,"structure_id":13912,"section_number":"18.2-308.2:3","catch_line":"Criminal background check required for employees of a gun dealer to transfer firearms; exemptions; penalties","url":"\/18.2-308.2_3\/","token":"18.2\/7\/7\/18.2-308.2_3","metadata":false},{"id":71509,"structure_id":13912,"section_number":"18.2-308.2:4","catch_line":"Firearm verification check; penalty","url":"\/18.2-308.2_4\/","token":"18.2\/7\/7\/18.2-308.2_4","metadata":false},{"id":56633,"structure_id":13912,"section_number":"18.2-308.2:5","catch_line":"Criminal history record information check required to sell firearm; penalty","url":"\/18.2-308.2_5\/","token":"18.2\/7\/7\/18.2-308.2_5","metadata":false},{"id":83619,"structure_id":13912,"section_number":"18.2-308.3","catch_line":"Use or attempted use of restricted ammunition in commission or attempted commission of crimes prohibited; penalty","url":"\/18.2-308.3\/","token":"18.2\/7\/7\/18.2-308.3","metadata":false},{"id":80658,"structure_id":13912,"section_number":"18.2-308.4","catch_line":"Possession of firearms while in possession of certain substances","url":"\/18.2-308.4\/","token":"18.2\/7\/7\/18.2-308.4","metadata":false},{"id":59300,"structure_id":13912,"section_number":"18.2-308.5","catch_line":"Manufacture, import, sale, transfer or possession of plastic firearm prohibited","url":"\/18.2-308.5\/","token":"18.2\/7\/7\/18.2-308.5","metadata":false},{"id":76780,"structure_id":13912,"section_number":"18.2-308.5:1","catch_line":"Manufacture, importation, sale, possession, transfer, or transportation of auto sears and trigger activators prohibited; penalty","url":"\/18.2-308.5_1\/","token":"18.2\/7\/7\/18.2-308.5_1","metadata":false},{"id":68711,"structure_id":13912,"section_number":"18.2-308.6","catch_line":"Repealed","url":"\/18.2-308.6\/","token":"18.2\/7\/7\/18.2-308.6","metadata":false},{"id":84194,"structure_id":13912,"section_number":"18.2-308.7","catch_line":"Possession or transportation of certain firearms by persons under the age of 18; penalty","url":"\/18.2-308.7\/","token":"18.2\/7\/7\/18.2-308.7","metadata":false},{"id":77067,"structure_id":13912,"section_number":"18.2-308.8","catch_line":"Importation, sale, possession or transfer of Striker 12's prohibited; penalty","url":"\/18.2-308.8\/","token":"18.2\/7\/7\/18.2-308.8","metadata":false},{"id":80147,"structure_id":13912,"section_number":"18.2-309","catch_line":"Furnishing certain weapons to minors; penalty","url":"\/18.2-309\/","token":"18.2\/7\/7\/18.2-309","metadata":false},{"id":66485,"structure_id":13912,"section_number":"18.2-310","catch_line":"Repealed","url":"\/18.2-310\/","token":"18.2\/7\/7\/18.2-310","metadata":false},{"id":72106,"structure_id":13912,"section_number":"18.2-311","catch_line":"Prohibiting the selling or having in possession blackjacks, etc","url":"\/18.2-311\/","token":"18.2\/7\/7\/18.2-311","metadata":false},{"id":83171,"structure_id":13912,"section_number":"18.2-311.1","catch_line":"Removing, altering, etc., serial number or other identification on firearm; selling, giving, etc., or possessing firearm without serial number; penalties","url":"\/18.2-311.1\/","token":"18.2\/7\/7\/18.2-311.1","metadata":false},{"id":70367,"structure_id":13912,"section_number":"18.2-311.2","catch_line":"Third conviction of firearm offenses; penalty","url":"\/18.2-311.2\/","token":"18.2\/7\/7\/18.2-311.2","metadata":false}],"next_section":{"id":81568,"structure_id":13912,"section_number":"18.2-308.1:1","catch_line":"Purchase, possession, or transportation of firearms by persons acquitted by reason of insanity; penalty","url":"\/18.2-308.1_1\/","token":"18.2\/7\/7\/18.2-308.1_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-308.1\/","history_text":"<p>This law was first created in 1979. The record of its establishment is cataloged in chapter 467 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 17 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1988, chapter 493; in 1990, chapters 635 and 744; in 1991, chapter 579; in 1992, chapters 727 and 735; in 1995, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0511\">511<\/a>; in 1999, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0587\">587<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0829\">829<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0846\">846<\/a>; in 2001, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0403\">403<\/a>; in 2003, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0619\">619<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0976\">976<\/a>; in 2004, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0128\">128<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0461\">461<\/a>; in 2005, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0830\">830<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0928\">928<\/a>; in 2007, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0519\">519<\/a>; in 2011, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0282\">282<\/a>; in 2013, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0416\">416<\/a>; in 2015, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0289\">289<\/a>; in 2016, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0257\">257<\/a>; in 2017, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0311\">311<\/a>; in 2020, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0693\">693<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1037\">1037<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1249\">1249<\/a>.<\/p>","references":[{"id":56400,"section_number":"16.1-246","catch_line":"When and how child may be taken into immediate custody","order_by":null,"url":"\/16.1-246\/"},{"id":57160,"section_number":"16.1-260","catch_line":"Intake; petition; investigation","order_by":null,"url":"\/16.1-260\/"},{"id":80246,"section_number":"17.1-805","catch_line":"Adoption of initial discretionary sentencing guideline midpoints","order_by":null,"url":"\/17.1-805\/"},{"id":60587,"section_number":"18.2-283.1","catch_line":"Carrying weapon into courthouse","order_by":null,"url":"\/18.2-283.1\/"},{"id":70707,"section_number":"18.2-287.01","catch_line":"Carrying weapon in air carrier airport terminal","order_by":null,"url":"\/18.2-287.01\/"},{"id":56786,"section_number":"18.2-308.2","catch_line":"Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for restoration order; when issued","order_by":null,"url":"\/18.2-308.2\/"},{"id":70367,"section_number":"18.2-311.2","catch_line":"Third conviction of firearm offenses; penalty","order_by":null,"url":"\/18.2-311.2\/"},{"id":86583,"section_number":"18.2-46.1","catch_line":"Definitions","order_by":null,"url":"\/18.2-46.1\/"},{"id":64628,"section_number":"18.2-57","catch_line":"Assault and battery; penalty","order_by":null,"url":"\/18.2-57\/"},{"id":67857,"section_number":"18.2-57.02","catch_line":"Disarming a law-enforcement or correctional officer; penalty","order_by":null,"url":"\/18.2-57.02\/"},{"id":75668,"section_number":"19.2-386.28","catch_line":"Forfeiture of weapons, etc., that are concealed, possessed, transported, or carried in violation of law","order_by":null,"url":"\/19.2-386.28\/"},{"id":60675,"section_number":"19.2-81","catch_line":"Arrest without warrant authorized in certain cases","order_by":null,"url":"\/19.2-81\/"},{"id":78541,"section_number":"19.2-83.1","catch_line":"Report of arrest of school employees and adult students for certain offenses","order_by":null,"url":"\/19.2-83.1\/"},{"id":67657,"section_number":"22.1-277.07","catch_line":"Expulsion of students under certain circumstances; exceptions","order_by":null,"url":"\/22.1-277.07\/"},{"id":74628,"section_number":"9.1-110","catch_line":"School Resource Officer Grants Program and School Resource Officer Incentive Grants Fund","order_by":null,"url":"\/9.1-110\/"}],"refers_to":[{"id":56600,"section_number":"18.2-308","catch_line":"Carrying concealed weapons; exceptions; penalty","order_by":null,"url":"\/18.2-308\/"},{"id":77788,"section_number":"18.2-308.016","catch_line":"Retired law-enforcement officers; carrying a concealed handgun","order_by":null,"url":"\/18.2-308.016\/"},{"id":72961,"section_number":"19.2-13","catch_line":"Special conservators of the peace; authority; jurisdiction; registration; liability of employers; penalty; report","order_by":null,"url":"\/19.2-13\/"},{"id":65627,"section_number":"22.1-280.2:1","catch_line":"Employment of school security officers","order_by":null,"url":"\/22.1-280.2_1\/"},{"id":83341,"section_number":"22.1-289.02","catch_line":"Definitions","order_by":null,"url":"\/22.1-289.02\/"},{"id":69682,"section_number":"9.1-138","catch_line":"Definitions","order_by":null,"url":"\/9.1-138\/"}],"permalink":{"id":167195,"object_type":"law","relational_id":58832,"identifier":"18.2-308.1","token":"18.2\/7\/7\/18.2-308.1","url":"\/18.2-308.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-308.1\/","token":"18.2\/7\/7\/18.2-308.1","dublin_core":{"Title":"Possession of firearm, stun weapon, or other weapon on school property prohibited; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-308.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> If any person knowingly possesses any (i) <span class=\"dictionary\">stun weapon<\/span> 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 &#xA7; <a class=\"law\" title=\"Carrying concealed weapons; exceptions; penalty\" href=\"\/18.2-308\/\">18.2-308<\/a>, other than a firearm; upon (a) the property of any <span class=\"dictionary\">child day center<\/span> or public, private, or religious preschool, 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 <span class=\"dictionary\">misdemeanor<\/span>. <a id=\"paragraph-215544\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/18.2-308.1\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> If any person knowingly possesses any firearm designed or intended to expel a projectile by action of an explosion of a combustible <span class=\"dictionary\">material<\/span> while such person is upon (i) the property of any <span class=\"dictionary\">child day center<\/span> or public, private, or religious preschool, 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 <span class=\"dictionary\">felony<\/span>. <a id=\"paragraph-215545\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/18.2-308.1\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> If any person knowingly possesses any firearm designed or intended to expel a projectile by action of an explosion of a combustible <span class=\"dictionary\">material<\/span> within the building of a <span class=\"dictionary\">child day center<\/span> or public, private, or religious preschool, elementary, middle, or high school 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 <span class=\"dictionary\">felony<\/span> and sentenced to a mandatory minimum term of imprisonment of five years to be served consecutively with any other sentence. <a id=\"paragraph-215546\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/18.2-308.1\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> The <span class=\"dictionary\">child day center<\/span> and private or religious preschool provisions of this section (i) shall apply only during the operating hours of such <span class=\"dictionary\">child day center<\/span> or private or religious preschool and (ii) shall not apply to any person (a) whose residence is on the property of a <span class=\"dictionary\">child day center<\/span> or a private or religious preschool and (b) who possesses a firearm or other weapon prohibited under this section while in his residence. <a id=\"paragraph-215547\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/18.2-308.1\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> The exemptions set out in &#xA7;&#xA7; <a class=\"law\" title=\"Carrying concealed weapons; exceptions; penalty\" href=\"\/18.2-308\/\">18.2-308<\/a> and <a class=\"law\" title=\"Retired law-enforcement officers; carrying a concealed handgun\" href=\"\/18.2-308.016\/\">18.2-308.016<\/a> shall apply, <span class=\"dictionary\">mutatis mutandis<\/span>, to the provisions of this section. The provisions of this section shall not apply to (i) persons who possess such weapon or <span class=\"dictionary\">weapons<\/span> as a part of the school&#8217;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 <span class=\"dictionary\">weapons<\/span> 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 <span class=\"dictionary\">law<\/span>-enforcement officer, or retired <span class=\"dictionary\">law<\/span>-enforcement officer qualified pursuant to subsection C of &#xA7; <a class=\"law\" title=\"Retired law-enforcement officers; carrying a concealed handgun\" href=\"\/18.2-308.016\/\">18.2-308.016<\/a>; (v) any person who possesses a knife or blade which he uses customarily in his trade; (vi) a person who possesses an unloaded firearm or a <span class=\"dictionary\">stun weapon<\/span> that is in a <span class=\"dictionary\">closed container<\/span>, 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 or a <span class=\"dictionary\">stun weapon<\/span> 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 &#xA7; <a class=\"law\" title=\"Employment of school security officers\" href=\"\/22.1-280.2_1\/\">22.1-280.2:1<\/a>; or (ix) an armed security officer, licensed pursuant to Article 4 (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/9.1-138\/\">9.1-138<\/a> et seq.) of Chapter 1 of Title 9.1, hired by a <span class=\"dictionary\">child day center<\/span> or a private or religious school for the protection of students and employees as authorized by such school. For the purposes of this subsection, &#8220;weapon&#8221; includes a knife having a metal blade of three inches or longer and &#8220;<span class=\"dictionary\">closed container<\/span>&#8221; includes a locked vehicle trunk. <a id=\"paragraph-215548\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/18.2-308.1\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> Nothing in subsection E or any other provision of <span class=\"dictionary\">law<\/span> shall be construed as providing an exemption to the provisions of this section for a special conservator of the peace appointed pursuant to &#xA7; <a class=\"law\" title=\"Special conservators of the peace; authority; jurisdiction; registration; liability of employers; penalty; report\" href=\"\/19.2-13\/\">19.2-13<\/a>, other than the specifically enumerated exemptions that apply to the general population as provided in subsection E. <a id=\"paragraph-215549\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/18.2-308.1\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> As used in this section:\n\t\t\t&#8220;<span class=\"dictionary\">Child day center<\/span>&#8221; means a <span class=\"dictionary\">child day center<\/span>, as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/22.1-289.02\/\">22.1-289.02<\/a>, that is licensed in accordance with the provisions of Chapter 14.1 (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/22.1-289.02\/\">22.1-289.02<\/a> et seq.) of Title 22.1 and is not operated at the residence of the provider or of any of the children.\n\t\t\t&#8220;<span class=\"dictionary\">Stun weapon<\/span>&#8221; 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. <a id=\"paragraph-215550\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/18.2-308.1\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPOSSESSION OF FIREARM, STUN WEAPON, OR OTHER WEAPON ON SCHOOL PROPERTY\nPROHIBITED; PENALTY (\u00a7 18.2-308.1)\n\nA. If any person knowingly possesses any (i) stun weapon as defined in this\nsection; (ii) knife, except a pocket knife having a folding metal blade of less\nthan three inches; or (iii) weapon, including a weapon of like kind, designated\nin subsection A of &#xA7; 18.2-308, other than a firearm; upon (a) the property\nof any child day center or public, private, or religious preschool, elementary,\nmiddle, or high school, including buildings and grounds; (b) that portion of any\nproperty open to the public and then exclusively used for school-sponsored\nfunctions or extracurricular activities while such functions or activities are\ntaking place; or (c) any school bus owned or operated by any such school, he is\nguilty of a Class 1 misdemeanor.\n\nB. If any person knowingly possesses any firearm designed or intended to expel a\nprojectile by action of an explosion of a combustible material while such person\nis upon (i) the property of any child day center or public, private, or\nreligious preschool, elementary, middle, or high school, including buildings and\ngrounds; (ii) that portion of any property open to the public and then\nexclusively used for school-sponsored functions or extracurricular activities\nwhile such functions or activities are taking place; or (iii) any school bus\nowned or operated by any such school, he is guilty of a Class 6 felony.\n\nC. If any person knowingly possesses any firearm designed or intended to expel a\nprojectile by action of an explosion of a combustible material within the\nbuilding of a child day center or public, private, or religious preschool,\nelementary, middle, or high school and intends to use, or attempts to use, such\nfirearm, or displays such weapon in a threatening manner, such person is guilty\nof a Class 6 felony and sentenced to a mandatory minimum term of imprisonment of\nfive years to be served consecutively with any other sentence.\n\nD. The child day center and private or religious preschool provisions of this\nsection (i) shall apply only during the operating hours of such child day center\nor private or religious preschool and (ii) shall not apply to any person (a)\nwhose residence is on the property of a child day center or a private or\nreligious preschool and (b) who possesses a firearm or other weapon prohibited\nunder this section while in his residence.\n\nE. The exemptions set out in &#xA7;&#xA7; 18.2-308 and 18.2-308.016 shall apply,\nmutatis mutandis, to the provisions of this section. The provisions of this\nsection shall not apply to (i) persons who possess such weapon or weapons as a\npart of the school&#8217;s curriculum or activities; (ii) a person possessing a\nknife customarily used for food preparation or service and using it for such\npurpose; (iii) persons who possess such weapon or weapons as a part of any\nprogram sponsored or facilitated by either the school or any organization\nauthorized by the school to conduct its programs either on or off the school\npremises; (iv) any law-enforcement officer, or retired law-enforcement officer\nqualified pursuant to subsection C of &#xA7; 18.2-308.016; (v) any person who\npossesses a knife or blade which he uses customarily in his trade; (vi) a person\nwho possesses an unloaded firearm or a stun weapon that is in a closed\ncontainer, or a knife having a metal blade, in or upon a motor vehicle, or an\nunloaded shotgun or rifle in a firearms rack in or upon a motor vehicle; (vii) a\nperson who has a valid concealed handgun permit and possesses a concealed\nhandgun or a stun weapon while in a motor vehicle in a parking lot, traffic\ncircle, or other means of vehicular ingress or egress to the school; (viii) a\nschool security officer authorized to carry a firearm pursuant to &#xA7;\n22.1-280.2:1; or (ix) an armed security officer, licensed pursuant to Article 4\n(&#xA7; 9.1-138 et seq.) of Chapter 1 of Title 9.1, hired by a child day center\nor a private or religious school for the protection of students and employees as\nauthorized by such school. For the purposes of this subsection,\n&#8220;weapon&#8221; includes a knife having a metal blade of three inches or\nlonger and &#8220;closed container&#8221; includes a locked vehicle trunk.\n\nF. Nothing in subsection E or any other provision of law shall be construed as\nproviding an exemption to the provisions of this section for a special\nconservator of the peace appointed pursuant to &#xA7; 19.2-13, other than the\nspecifically enumerated exemptions that apply to the general population as\nprovided in subsection E.\n\nG. As used in this section:\n\t\t\t&#8220;Child day center&#8221; means a child day center, as defined in &#xA7;\n22.1-289.02, that is licensed in accordance with the provisions of Chapter 14.1\n(&#xA7; 22.1-289.02 et seq.) of Title 22.1 and is not operated at the residence\nof the provider or of any of the children.\n\t\t\t&#8220;Stun weapon&#8221; means any device that emits a momentary or pulsed\noutput, which is electrical, audible, optical or electromagnetic in nature and\nwhich is designed to temporarily incapacitate a person.\n\nHISTORY: 1979, c. 467; 1988, c. 493; 1990, cc. 635, 744; 1991, c. 579; 1992, cc.\n727, 735; 1995, c. 511; 1999, cc. 587, 829, 846; 2001, c. 403; 2003, cc. 619,\n976; 2004, cc. 128, 461; 2005, cc. 830, 928; 2007, c. 519; 2011, c. 282; 2013,\nc. 416; 2015, c. 289; 2016, c. 257; 2017, c. 311; 2020, cc. 693, 1037, 1249.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}