Be it enacted by the General Assembly of Virginia:
1. That §§18.2-308.1 and 22.1-280.2:4 of the Code of Virginia are 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) 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 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; or (x) any school board employee authorized to
possess a firearm and trained pursuant to §
22.1-280.2:4. 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.
§22.1-280.2:4. School boards; firearms on school property.
No Any school
board may authorize or designate any person
to any school
board employee to possess a firearm on school property other than those persons, in addition to those individuals
expressly authorized by to possess such a firearm as otherwise provided in
statute, provided that any school board employee so
authorized by the school board
receives advanced firearms training in
accordance with criteria established by the Department of Criminal
Justice Services.
2. That the Department of Criminal Justice Services shall establish and distribute to each school board the criteria for advanced firearms training in accordance with the provisions of §22.1-280.2:4 of the Code of Virginia, as amended by this act, no later than August 1, 2024.