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, stun weapon, or other weapon on school property prohibited; penalty.
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, 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,
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) 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,
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,
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. 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. 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 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, 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 he uses customarily in his trade; (vi) a person who
possesses an unloaded firearm 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 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. E. Nothing
in subsection E D 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 D.
G. F. 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.
"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.