These areas, in addition to vehicles parked on school property may be searched on an individual basis if there is reasonable grounds to believe there may be illegal drugs, weapons, stolen property or other contraband. The following is an extract from a Virginia School district statement on policies on search and seizure.įAIRFAX COUNTY (VIRGINIA): Desks, lockers, and storage spaces are the property of the school and the principal may conduct general inspections of those areas periodically in the presence of a witness. However, like locker searches, it is prudent for school districts to have a written policy regarding vehicle searches and even some type of parking permit system that clearly outlines the school’s policy on vehicle searches.
#Code of va weapons on school property free
To learn how best to protect your rights and avoid potential penalties after an arrest for having a weapon on school property in Virginia, please contact our experienced Virginia criminal defense lawyers for a free consultation.Searches of students’ vehicles that are parked on school grounds are subject to the T.L.O. Other defenses may also apply in your case. You are an armed and licensed security officer hired by a daycare or private or religious school to protect students and employees.You are a school security officer who is authorized to carry a firearm.You have a valid concealed handgun permit and you have a concealed handgun or stun weapon in a motor vehicle.You have an unloaded firearm or stun weapon in a closed container, a knife in a motor vehicle, or unloaded shotgun or rifle in a firearms rack in a motor vehicle.You have a knife or blade that you customarily use in your line of work.You are a law-enforcement officer qualified to carry a handgun.You have a weapon as part of any program sponsored or facilitated by the school or an organization authorized by the school to conduct a program on or off school grounds.You have a knife customarily used for food preparation or service.You have the weapon as part of the school’s curriculum or activities.If one of the following is true, then you should not be convicted of having a weapon on school property:
#Code of va weapons on school property code
Virginia Code § 18.2-308.1(E) provides specific exceptions to the law described above. Exceptions to the Weapons on School Property Law However, if you are convicted of intending to use, threatening to use, or attempting to use the firearm within a school building, then you face a mandatory minimum sentence of five years in prison. The penalty for a Class 6 felony includes a prison term of up to five years in prison, a fine of up to $2,500, or both a fine and jail term. It is a Class 6 felony to knowingly possess a firearm or gun on school property, in school buildings, on property used by the school for a function or activity, or on a school bus. It is a Class 1 misdemeanor to knowingly possess a stun weapon, knife (other than certain pocket knives), or another dangerous weapon (other than a firearm) on school property, in school buildings, on property used by the school for a function or activity, or on a school bus.Ī Class 1 misdemeanor is punishable by up to 12 months in jail, a fine of up to $2,500, or both a fine and jail term. The specific penalty you may face for having a weapon on school property depends on the type of weapon involved in the alleged crime.
Property being used exclusively for a school-sponsored function or extracurricular activity.Virginia Code § 18.2-308.1 defines the crime and the potential penalties that you may face.įor purposes of this law, school property is defined as public, private, and religious:
It is a crime to have a weapon on school property in Virginia.