                                 CODE OF VIRGINIA

POSSESSION OF FIREARM, STUN WEAPON, OR OTHER WEAPON ON SCHOOL PROPERTY
PROHIBITED; PENALTY (§ 18.2-308.1)

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 &#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. 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.

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 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. 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.

E. 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.

F. 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.

G. As used in this section:
			&#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.
			&#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.

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.