Under state law I may keep a handgun in a car on school property.
The exemptions set out in § 18.2-308 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'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; (v) any person who possesses a knife or blade which he uses customarily in his trade; (vi) a person who possesses an unloaded firearm 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; or (vii) 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. For the purposes of this paragraph, "weapon" includes a knife having a metal blade of three inches or longer and "closed container" includes a locked vehicle trunk.
Use or possession of any type of weapon, either operable or inoperable, or a look-alike
weapon; violation of this regulation will result in out-of-school suspension and may include a
recommendation for expulsion;
So in the situation what wins? I would assume it would mean that I could only be punished thru the school system for keeping a gun in the vehicle. Or instead does th state law supersede the code all together?
“Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy, its inherent virtue is the equal sharing of misery.”
-Winston Churchill
As a fellow student, I feel your pain. However, from what I understand, expulsions and disciplinary action of a school are outside the legal system, generally. You are not only bound by the law, but also by the school code. So if you brought a gun to school, you may not be prosecuted for it, but the school has every right to discipline or expel you. USUALLY you agree to the School Code either actively by signing something or passively if there is a clause that states something like "by attending the school you agree to the code of conduct" or something or other. BUT I AM NOT A LAWYER.
Possession of a handgun or assault firearm by a minor unsupervised is also against the law. So even if not barred by the school it would have to be a shotgun or rifle not falling under the assault definition. If you want to go hunting before or after school or target shooting, you will have to make a trip home in between.
§ 18.2-308.7. Possession or transportation of certain firearms by persons under the age of 18; penalty.
It shall be unlawful for any person under 18 years of age to knowingly and intentionally possess or transport a handgun or assault firearm anywhere in the Commonwealth. For the purposes of this section, "handgun" means any pistol or revolver or other firearm originally designed, made and intended to fire single or multiple projectiles by means of an explosion of a combustible material from one or more barrels when held in one hand and "assault firearm" means any (i) semi-automatic centerfire rifle or pistol which expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (ii) shotgun with a magazine which will hold more than seven rounds of the longest ammunition for which it is chambered. A violation of this section shall be a Class 1 misdemeanor.
This section shall not apply to:
1. Any person (i) while in his home or on his property; (ii) while in the home or on the property of his parent, grandparent, or legal guardian; or (iii) while on the property of another who has provided prior permission, and with the prior permission of his parent or legal guardian if the person has the landowner's written permission on his person while on such property;
2. Any person who, while accompanied by an adult, is at, or going to and from, a lawful shooting range or firearms educational class, provided that the weapons are unloaded while being transported;
3. Any person actually engaged in lawful hunting or going to and from a hunting area or preserve, provided that the weapons are unloaded while being transported; and
4. Any person while carrying out his duties in the Armed Forces of the United States or the National Guard of this Commonwealth or any other state.
wally626 wrote:Possession of a handgun or assault firearm by a minor unsupervised is also against the law. So even if not barred by the school it would have to be a shotgun or rifle not falling under the assault definition. If you want to go hunting before or after school or target shooting, you will have to make a trip home in between.
§ 18.2-308.7. Possession or transportation of certain firearms by persons under the age of 18; penalty.
It shall be unlawful for any person under 18 years of age to knowingly and intentionally possess or transport a handgun or assault firearm anywhere in the Commonwealth. For the purposes of this section, "handgun" means any pistol or revolver or other firearm originally designed, made and intended to fire single or multiple projectiles by means of an explosion of a combustible material from one or more barrels when held in one hand and "assault firearm" means any (i) semi-automatic centerfire rifle or pistol which expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (ii) shotgun with a magazine which will hold more than seven rounds of the longest ammunition for which it is chambered. A violation of this section shall be a Class 1 misdemeanor.
This section shall not apply to:
1. Any person (i) while in his home or on his property; (ii) while in the home or on the property of his parent, grandparent, or legal guardian; or (iii) while on the property of another who has provided prior permission, and with the prior permission of his parent or legal guardian if the person has the landowner's written permission on his person while on such property;
2. Any person who, while accompanied by an adult, is at, or going to and from, a lawful shooting range or firearms educational class, provided that the weapons are unloaded while being transported;
3. Any person actually engaged in lawful hunting or going to and from a hunting area or preserve, provided that the weapons are unloaded while being transported; and
4. Any person while carrying out his duties in the Armed Forces of the United States or the National Guard of this Commonwealth or any other state.
I am aware, at the time I may wish to keep a handgun in my vehicle I would be 18. Mostly for the propose of OC after school.
“Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy, its inherent virtue is the equal sharing of misery.”
-Winston Churchill
It might be prudent to consider the opinions of anyone who might bear the financial burden of defending you should you find yourself entangled in legal matters.
just sayin...
Now is the time for all good men to get off their rusty dustys...
Palladin wrote:It might be prudent to consider the opinions of anyone who might bear the financial burden of defending you should you find yourself entangled in legal matters.
just sayin...
I hear ya loud and clear.
“Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy, its inherent virtue is the equal sharing of misery.”
-Winston Churchill
