Concealed Carry in Day Care

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Kuda
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Concealed Carry in Day Care

Post by Kuda »

I have a question on the Commonwealths carry laws. I did a search (maybe a poor one) and could not find an answer. The VSP does not provide any interpretation of their laws, so I ask you. Thank you in advance and sorry if there is a post which explains my question.

§18.2-308.1: School property. Exemptions to this statute include 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.

1) does this also pertain to private schools or just public

2) does this pertain to pre-schools either public or private or both

3) does this pertain to day cares which are sometimes referred to as "play schools"

Your clarification would be greatly appreciated.
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Re: Concealed Carry in Day Care

Post by allingeneral »

Kuda,

This seems like a question for an attorney, but I'll put my two cents in.

The Gun Free School Zones Act—as reenacted, here:
http://www.gunlaws.com/Gun_Free_School_Zones_Act.pdf

Is included in federal regulations here:
http://www.law.cornell.edu/uscode/text/18/922 (section q)

Definitions:
http://www.law.cornell.edu/uscode/text/18/921
18 USC § 921 Definitions wrote: (25) The term “school zone” means—
(A) in, or on the grounds of, a public, parochial or private school; or
(B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.
(26) The term “school” means a school which provides elementary or secondary education, as determined under State law.
So, the answer to your questions appears to be thus:

1) does this also pertain to private schools or just public
Yes - all of the above

2) does this pertain to pre-schools either public or private or both
Only elementary and secondary schools, unless the pre-school is housed on elementary or secondary school property.

3) does this pertain to day cares which are sometimes referred to as "play schools"
No, but private property owners' rights still need to be considered.


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Re: Concealed Carry in Day Care

Post by Kuda »

Thanks. That is how I view it too. My wife on the other hand.....
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Re: Concealed Carry in Day Care

Post by mrjam2jab »

The answers to your questions are actually in that very same statute:
§ 18.2-308.1. Possession of firearm, stun weapon, or other weapon on school property prohibited.

A. If any person 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 shall be guilty of a Class 1 misdemeanor.

B. If any person 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 shall be guilty of a Class 6 felony.

C. If any person 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 shall be 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.
So to me it DOES NOT include pre-k or day care facilities as schools.
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Re: Concealed Carry in Day Care

Post by ProShooter »

mrjam2jab wrote:
So to me it DOES NOT include pre-k or day care facilities as schools.
This is correct.

OP - you should come take my concealed carry class if you want to learn about the laws.
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Re: Concealed Carry in Day Care

Post by Kuda »

ProShooter wrote:
mrjam2jab wrote:
So to me it DOES NOT include pre-k or day care facilities as schools.
This is correct.

OP - you should come take my concealed carry class if you want to learn about the laws.
ProShooter. I actually tried to but the first time I attempted my wife gave birth. The second time I was called on an emergency response. Last I checked you did not have one in the near future. If you have updated you calendar please let me know.
I would love to take it.

Thanks for the 18.2-308.1 reference mrjam2jab. I overlooked that.

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Re: Concealed Carry in Day Care

Post by ProShooter »

Kuda wrote:
ProShooter wrote:
mrjam2jab wrote:
So to me it DOES NOT include pre-k or day care facilities as schools.
This is correct.

OP - you should come take my concealed carry class if you want to learn about the laws.
ProShooter. I actually tried to but the first time I attempted my wife gave birth. The second time I was called on an emergency response. Last I checked you did not have one in the near future. If you have updated you calendar please let me know.
I would love to take it.


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Re: Concealed Carry in Day Care

Post by Kuda »

Great. Thanks!

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Re: Concealed Carry in Day Care

Post by DanCC »

This is an old thread but it is important to add new info as needed. And avoid incomplete or wrong answers.

The US Concealed Carry Association says a CCW holder cannot carry at a licensed day care provider; as described on page 5 of the PDF below.

http://p3-group.us/forms/VirginiaCCWinfo.pdf
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Re: Concealed Carry in Day Care

Post by Kuda »

Interesting. Thanks. I called the police and they said it was okay, because it was not a school (k-12) and was not on school property.

What makes me leery of the document is it claims you cannot carry in a church or synagogue. Not true. You can if you feel as though there is a need per VA law.

I will call the DA to re-confirm and post what they state.

Thanks!
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Re: Concealed Carry in Day Care

Post by allingeneral »

Here's the paragraph in question from the above link posted by DanCC
You may not legally carry your pistol while at a school or on school property, into a court-room, while in a licensed day-care center, a child-placement agency, a sports arena or stadium, a bar or tavern licensed to serve liquor (restaurants that serve alcohol are generally not included) , a church, synagogue, mosque, or other place of religious worship, inside any entertainment facility seating more than 2,500 people, a hospital, dormitory or classroom of a college or university, or inside a casino. It is okay to carry (or leave your gun) in the parking lot of most of these facilities, but you should double-check the specifics with each facility first.
I'd like to see some laws cited here - very specifically regarding the carrying in a "licensed day-care center"

Sports arena or stadium? Isn't this a private property issue, not a state law of any sort?
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Re: Concealed Carry in Day Care

Post by DanCC »

http://leg1.state.va.us/cgi-bin/legp504 ... d+15.2-914

3rd paragraph contains the relevant material.

It appears to me each county/city could enact its own limited restrictions.
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Re: Concealed Carry in Day Care

Post by OakRidgeStars »

DanCC wrote:http://leg1.state.va.us/cgi-bin/legp504 ... d+15.2-914

3rd paragraph contains the relevant material.

It appears to me each county/city could enact its own limited restrictions.
This is clearly directed to the operators of the "family day home" in regards to having firearms or ammunition on site. I see nothing outside of the scope of carrying a firearm on any other private property in Virginia.
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Re: Concealed Carry in Day Care

Post by DanCC »

OakRidgeStars wrote: This is clearly directed to the operators of the "family day home" in regards to having firearms or ammunition on site. I see nothing outside of the scope of carrying a firearm on any other private property in Virginia.
Are you sure?

The last sentence of the 1st paragraph defines it though: (emphasis is mine)

"Child-care facilities" includes any commercial or residential structure which is used to provide child-care services.
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Re: Concealed Carry in Day Care

Post by ProShooter »

That US Concealed Carry Assoc. page is SO wrong, its not even worth picking apart.

Seriously, who writes that crap?
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Re: Concealed Carry in Day Care

Post by DanCC »

ProShooter wrote:That US Concealed Carry Assoc. page is SO wrong, its not even worth picking apart.
Seriously, who writes that crap?
I have some LEO's I will ask about this but it would be so much more beneficial to eventually have an attorney's opinion.
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Re: Concealed Carry in Day Care

Post by allingeneral »

ProShooter wrote:That US Concealed Carry Assoc. page is SO wrong, its not even worth picking apart.

Seriously, who writes that crap?
I was thinking the same thing, but didn't want to go out on a limb with a bold statement like that since I'm certainly no lawyer!
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Re: Concealed Carry in Day Care

Post by Chasbo00 »

ProShooter wrote:That US Concealed Carry Assoc. page is SO wrong, its not even worth picking apart.

Seriously, who writes that crap?
+1

Lots of old and no longer correct info, plus some flat out wrong info that probably applies to some state other than VA that was cut-and-pasted into the page.

Try a good site: http://www.handgunlaw.us/

Better yet, read the law yourself. Here is a search engine:

http://leg1.state.va.us/000/src.htm
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Re: Concealed Carry in Day Care

Post by stevenojeffries »

I found this here: https://giffords.org/lawcenter/state-la ... -virginia/ and I have seen this other places as well.

Virginia also prohibits the possession of firearms by anyone, even concealed handgun permit holders, in:

The state Capitol building5
A place of worship while a meeting for religious purposes is being held, unless the person has a “good and sufficient reason.”6 (Note, however, that the Attorney General of Virginia has opined that carrying a weapon for personal protection constitutes a “good and sufficient reason” under this law. 2011 Va. AG LEXIS 23, *4);
Any courthouse;7
Any “air carrier airport terminal”8 and
On the property of a child care center or preschool during operating hours.9
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