School property

[Rogueone]

I have a question in regards to VA's no guns at schools laws. I'd read somewhere that the Gun Free School Zones applied to "school sponsored activities". I wish I could remember where this was as it was only a couple weeks ago. Part of the commentary was that if a CHP person was on school grounds for say, a little league game, that since it wasn't a "school" event, the person was allowed to carry.

After talking to a friend who has carried much longer than I and is usually much more familiar with all the rules, he was under the impression the restrictions in VA were 100% no time. So now I'm wondering, say I want to take my daughter up to shoot hops on the school's blacktop either a couple hours after school, or say on a weekend. Is that still "illegal" even with no "school" activities or persons in attendance within the building or it's grounds??

I'd hate to get busted for a felony while shooting hoops on the weekend because I misinterpreted the law or misunderstood.

Please assist, and thanks,

RogueOne

[netentity]

In most States, K-12 schools are prohibited regardless of whether school is in session or there's a K-12 school sponsored event. This is indeed the case in VA under CofVA 18.2-308.1(B)(i). VA like NV also extends this prohibition to school buses as well. Legal CCW in K-12 schools is the exception rather than the norm in most States. I have yet to see a State where the prohibition applies while school is in session.

The school function prohibition applies to publicly accessible property outside of a K-12 school. An example being a high school football game being held at a public park that has a football field.

[stumpjumper101]

I remember reading in the daily press about a man i believe in York County who went to a school board meeting that was off school property openly carring and was arrested i believe. The article was was probably late spring of last year. the School board meeting was not on school property but was a school function open to the public, and the individual was fighting the issue. Im pretty sure it was front page of the local section. Didnt ever hear what the end result was. Far as school property goes the way i read it as long you have a CWP and you leave it in your car when you step out of it your legal. should you venture to the ball field or go inside while packin your no longer legal.

[Rogueone]

ok, so you guys feel my understanding that at no time is the rule, regardless if school is in or not?

shucks

[netentity]

If the real estate is a K-12 school, it needs to stay in your vehicle. This is the typical case in most States. The only do or shall issue States which do not have a K-12 school as a prohibited area for lawful CCW are AL, DE, MO, OR, NH, UT and WA (picking up and dropping off students only). Your may (not) issue States typically have little or no prohibited areas. Keep in mind the Federal GFZA. You can't carry within 1000 feet of a school on a recognized or reciprocal CCW. IMO, this could be overturned if someone challenged it under the US Constitution under the same case law that overturned the original Fed GFZA which had no exemption for a CCW issued by the State or political subdivision of the State the K-12 school is physically in. It's the same issue, the Federal Government cannot tell a State what endorsements, licenses or permits to carry are not valid within their borders. The problem is that whomever is the test case would most likely have their 2A in limbo pending the the court ruling.

I'm not a lawyer but this prohibition IMO does not extend to an administrative building because there is no instruction going on at an administrative building.

A "school" is where K-12 instruction occurs, if no K-12 instruction occurs it is therefore legal unless there's another portion of the Code of VA which extends to that specific government building. School board meetings are not a place where students are at or are intended to be. So unless there were K-12 students there during the board meeting and are there exclusively for that board meeting, it should be dismissed in court. It is a forum for the general public to address issues on how the school district is run.

The only government buildings I see as being prohibited areas under the Code of VA are courthouses and public airports. LEOs aren't happy with this because you can legally carry in a law enforcement facility unless it's part of a courthouse building or correctional/detention facility.

[DrWho]

Originally Posted by stumpjumper101

I remember reading in the daily press about a man i believe in York County who went to a school board meeting that was off school property openly carring and was arrested i believe. The article was was probably late spring of last year. the School board meeting was not on school property but was a school function open to the public, and the individual was fighting the issue. Im pretty sure it was front page of the local section. Didnt ever hear what the end result was. Far as school property goes the way i read it as long you have a CWP and you leave it in your car when you step out of it your legal. should you venture to the ball field or go inside while packin your no longer legal.

Link to the story

http://www.wvec.com/news/topstories/....7cca9158.html

[xd.40]

You may only possess a firearm on school grounds if it is in your car AND you have a concealed handgun permit. You may leave it locked in your vehicle while you go inside or play sports. If school is held at the location, you are not allowed to carry concealed unless you are a Police Officer. The only way you may possess a firearm on any school grounds is if you have a permit and it is concealed and in your vehicle. Plain and simple. Open carry isn't allowed.

[stumpjumper101]

thanks for posting the link:D

[stumpjumper101]

apparently i got the incedent at the york county school board meeting and the incedent between the york county man and the police at harborfest mixed up. so for those who havent read it. heres a link to the other story.:)

www.roanoke.com/editorials/wb/wb/xp-125649

[Rogueone]

You can't carry within 1000 feet of a school on a recognized or reciprocal CCW.

interesting. So what happens if I live within 1000' of the school? I suspect if someone took a tape measurement from the school "property" to my house, as a crow flies, I'd be within 1000', and I know for sure from my parent's house it would, as the school is across the street behind the homes on that side of the road.

Based on that stipulation, wouldn't it be impossible for persons living around the school to carry??

hmm...