Be it enacted by the General Assembly of Virginia:
1. That §18.2-308.1 of the Code of Virginia is amended and reenacted as follows:
§18.2-308.1. Possession of firearm, pneumatic gun, stun weapon, or other weapon on school property prohibited; penalties.
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, as designated in subsection A of §18.2-308,
other than a firearm;, upon (a) the property of any child day
center or public, private, or religious preschool, or 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, or 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, or 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. If any person knowingly possesses any pneumatic gun while such person is upon (i) the property of any child day center or public, private, or religious preschool or 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 3 misdemeanor. Any person who commits a second or subsequent violation of this subsection is guilty of a Class 1 misdemeanor. The provisions of § 18.2-311.2 do not apply to this subsection.
E. 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. F. The exemptions set out in §§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 a
person who possess possesses 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 a person who possess possesses 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 §18.2-308.016;
(v) any person who possesses a knife or blade which that he uses
customarily in his trade; (vi) a person who possesses an unloaded firearm, a
pneumatic gun, 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, a
pneumatic gun, 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 §
22.1-280.2:1; or (ix) an armed security officer, licensed pursuant to Article 4
(§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,
"weapon" includes a knife having a metal blade of three inches or
longer and "closed container" includes a locked vehicle trunk.
F. G. Nothing in subsection E F 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 §19.2-13, other than the specifically enumerated exemptions that
apply to the general population as provided in subsection E.
G. H. As used in this section:
"Child day center" means a child day center, as defined in §22.1-289.02, that is licensed in accordance with the provisions of Chapter 14.1 (§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.
"Pneumatic gun" means the same as that term is defined in §15.2-915.4.
"Stun weapon" 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.