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 child day center or public,
private, or religious preschool exclusively used for
the conduct of the child day center or preschool and excluding any common areas
or grounds open to the public; (c)
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) (d) 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, elementary, middle,
or high school, including buildings and grounds; (ii) that
portion of any child day center or public, private, or
religious preschool exclusively used for the conduct of the child
day center or preschool and excluding any common areas or grounds open to the
public; (iii) 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) (iv)
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 (i) the building of a child day center or
public, private, or religious preschool,
elementary, middle, or high school or (ii) that portion of any
child day center or public, private, or
religious preschool used exclusively for the conduct of the
child day center or preschool and excluding any common areas or grounds open to
the public 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. Nothing in subsection E 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. 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.