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Re: Status of CHP App?
Posted: Fri, 19 Jun 2009 23:11:44
by ProShooter
cwats04 wrote:From the way it was described to me in my class a Utah permit holder is not even allowed on the property
Who did you take the Utah class from? I don't think that it was me as I don't ever recall this question coming up and if it did, my answer would be the same as it is now. Here's the statute info:
Under 18.2-308.1, it talks about having a firearm on school property. It says (as an exemption)
"The provisions of this section shall not apply to............... (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.
It doesnt say a
valid Virginia concealed handgun permit, it simply says a valid concealed handgun permit. A Utah permit is of course valid in Virginia.
Re: Status of CHP App?
Posted: Sat, 20 Jun 2009 11:22:06
by cwats04
No it was not from you. i took the class out of state when i was home from school. the instructor found the info for me and now i can not find it. i also had another VA instructor tell me the same thing. i have sent him an email asking for more elaboration on this matter as i have not seen anything to support this, just like you mention.
Re: Status of CHP App?
Posted: Sun, 21 Jun 2009 16:02:03
by cwats04
i have found the much needed information for this.
18 U.S.C. § 922(q))
A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
BATFE opinion
The law provides certain exceptions to the general ban on possession of firearms in school zones.
One exception is where the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State. . .
The law clearly provides that in order to qualify as an exception to the general prohibitions of the Gun-Free School Zones Act, the license must be issued by the State in which the school zone is located or a political
subdivision of that State. A concealed weapons license or permit from any other State would not satisfy the criteria set forth in the law.
While Virginia law makes no distinction in what state the permit is from when dealing with a school zone as you have pointed out, Fededral law and the BATFE opinion do make that distiction.
i hope this helps you if the question does come up in one of your classes in the future