Carry Permit Limitations

January 13, 2016

The governor ordered and implemented rules to ban carrying of concealed firearms in offices occupied by executive branch agencies, with certain exemptions. Buildings should be posted as per new rules. There are lawsuits regarding this law but Handgunlaw.us still recommends to follow the signs on executive branch agency buildings.

• Private property when prohibited by the owner of the property, or where posted as prohibited. Violation is a trespass charge and not a firearms violation. § 18.2-308

(1) Carrying dangerous weapon to place of religious worship while a meeting for religious purposes is being held unless you have “good and sufficient reason.” There is no known definition of what a good and sufficient reason would be. Violation is a minor crime, punishable by a fine of up to $100. § 18.2-283

• Courthouse. Violation is a high-level misdemeanor. § 18.2-283.1

• School property/school functions (School busses are school property) unless gun is unloaded, in an enclosed container (but NOT in the glove box or console) and in the vehicle. A car’s trunk is considered an enclosed container. However, a concealed handgun permit holder can have a loaded, concealed handgun in the vehicle while in the school parking lot, traffic circle, etc. The concealed handgun and the permit holder must stay in the vehicle. Firearms are not banned from property open to the public where a school function is being held unless that property is being used exclusively for the school function. Violation of this statute is a felony. § 18.2-308.1

• Non-secure areas of airport terminals are off limits unless you are a passenger and you have your gun unloaded, in a locked container in your checked luggage, and declare the gun at the check-in counter. Violation is a high-level misdemeanor. § 18.2-287.01
• Regional Jail or Juvenile Detention Facility. § 15.2-915

4VAC15-40-120. Hog Island Wildlife Management Area; Possession of Loaded Gun Prohibited; Exception.
It shall be unlawful to have in possession at any time a gun which is not unloaded and cased or dismantled on that portion of the Hog Island Wildlife Management Area bordering on the James River and lying north of the Surry Nuclear Power Plant, except while hunting deer or waterfowl in conformity with a special permit issued by the department.

4VAC15-40-140. Prohibited on Buggs Island and Certain Waters of the Gaston Reservoir.
It shall be unlawful to hunt or have in one’s possession a loaded gun on Buggs Island or to shoot over or have a loaded gun upon the water on Gaston Reservoir (Roanoke River) from a point beginning at High Rock and extending to the John H. Kerr Dam. Statutory Authority §§ 29.1-103, 29.1-501 and 29.1-502 of the Code of Virginia.

§ 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 public, private or religious 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 shall be 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
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 a public, private or religious elementary, middle or high school building and intends to use, or attempts to use, such firearm, or displays such weapon in a threatening manner, such person shall be 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. The exemptions set out in § 18.2-308 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;
(v) any person who possesses a knife or blade which he uses customarily in his trade;
(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;
(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; or
(viii) an armed security officer, licensed pursuant to Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1, hired by a private or religious school for the protection of students and employees as authorized by such school.
The essence of this paragraph is the “Weapon “ including a knife that has a metal blade of three inches or longer and “closed container” includes a locked vehicle trunk.

As used in this section:
“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.
Carry On College/Universities in Virginia

The VA AG Opinion states: It is my opinion that the safe operation of the campus allows regulation of, or under limited circumstances, prohibition of, firearms by any persons attending events on campus, visiting dormitories or classroom buildings, attending specific events as invitees, or under any circumstance permitted by law. The universal prohibition of firearms by properly permitted persons other than students, faculty, administration, or employees, however, is not allowed under law. A board of visitors has responsibility for the protection of the students enrolled at their university. At the same time, the rights guaranteed by the Second Amendment of the Constitution of the United States14 and by Article I, § 13, of the Constitution of Virginia,15 which protect all citizens, may not be summarily dismissed for transient reasons.

Note: For Colleges/Universities, rules to regulations are kept on changing which give them the force of law. It is recommended to exert extra caution before carrying a firearm into any College/University property. It is always advised to be mindful when it comes to its regulations regarding firearms.

Air Carrier Airports – Firearms are not allowed in the Terminals. The VCDL lists those Airports that are considered Air Carrier Airports as:

Reagan National             Arlington,            Charlottesville Regional            Charlottesville,
Dulles International       Chantilly,             Lynchburg Municipal                  Lynchburg,
Norfolk International     Norfolk,              Richmond International            Richmond,
Roanoke Regional          Roanoke,            Shenandoah Valley Regional    Staunton,
Newport News Williamsburg International              Newport News,

4VAC15-270-40. Shooting or Carrying Rifle or Pistol Over Public Inland Waters.

It shall be unlawful to shoot a rifle or pistol at wild birds or animals on or over the public inland waters of this Commonwealth; provided, however that licensed trappers may shoot a .22 caliber rimfire rifle or pistol on or over public inland waters for the purpose of dispatching a trapped animal. It shall be unlawful to carry a loaded rifle or pistol on a boat or other floating device on the public inland waters for the purpose of hunting wild birds and wild animals; provided, however, that unloaded rifles or pistols may be transported by boat from one point to another. Nothing in this regulation applies to department personnel conducting wildlife management activities on the public waters of the Commonwealth.

Firearms on Tennessee Valley Authority (TVA Property)
4. Firearms and Weapons – TVA campgrounds may receive use by hunters during hunting season. While firearms and weapons are generally prohibited, possession of firearms and other weapons associated with inseason hunting excursions are permissible if they are unloaded and properly cased. Possession of firearms at TVA public ramps, associated roads, and parking areas are allowed if the possession complies with the law of the state where the boat ramp is located and is not otherwise prohibited by law.

Note: TV A Lands for hunting is allowed. Also parking areas, associated roads, undeveloped shorelines and boat ramps are allowed to carry a firearm and weapon. But campgrounds, day use areas and other developed recreational TV A lands are still off limits.