8VAC85-20 Regulation of Weapons, Fireworks, and Explosives

REGULATIONS

Vol. 28 Iss. 7 - December 05, 2011

TITLE 8. EDUCATION

UNIVERSITY OF VIRGINIA

Chapter 20

Final Regulation

REGISTRAR'S NOTICE: The University of Virginia is exempt from the Administrative Process Act in accordance with § 2.2-4002 A 6 of the Code of Virginia, which exempts educational institutions operated by the Commonwealth.

Title of Regulation: 8VAC85-20. Regulation of Weapons, Fireworks, and Explosives (adding 8VAC85-20-10 through 8VAC85-20-40).

Statutory Authority: § 23-76 of the Code of Virginia.

Effective Date: December 5, 2011.

Agency Contact: Carol Wood, Associate Vice President for Public Affairs, University of Virginia, P.O. Box 400229, Charlottesville, VA 22904, telephone [phone], FAX [phone], or email [e-mail].

Summary:

The regulation establishes the weapons prohibitions at the University of Virginia, the University of Virginia Medical Center, and the University of Virginia College at Wise.

CHAPTER 20
REGULATION OF WEAPONS, FIREWORKS, AND EXPLOSIVES

8VAC85-20-10. Scope.

This chapter applies to all University of Virginia personnel, students, trainees, or volunteers and the general public while on university property or while attending a sporting, entertainment, or educational activity.

8VAC85-20-20. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Firework" means any combination of explosives and combustibles set off to generate colored lights, smoke, or noise.

"Law-enforcement officer" means any sworn law-enforcement officer who has the duty and obligation to enforce the penal or traffic laws of the Commonwealth of Virginia, or any portion thereof, as certified by his appointing authority and including, but not limited to, any person appointed pursuant to §§ 4.1-100, 9.1-101, 15.2-1609, 15.2-1700, 23-232, 29.1-200, 30-34.2:1, 52-1, 53.1-1, 53.1-143, and 66-25.3 of the Code of Virginia; any attorney for the Commonwealth as provided in § 18.2-308 B 9 of the Code of Virginia; any conservator of the peace exempt from § 18.2-308 A of the Code of Virginia pursuant to § 18.2-308 C 4 of the Code of Virginia; and any sworn federal law-enforcement officer or agent and any law-enforcement agent of the armed forces of the United States who is authorized to carry a weapon by federal law and who is within his territorial jurisdiction or who is contracted with the university to provide services within the university's territorial jurisdiction and who is on duty or providing services to the university.

"University" means the University of Virginia, including its College at Wise and its Medical Center.

"University Medical Center" or "Medical Center" means the hospital and all other buildings that make up the Medical Center such as facilities used for administrative, clinical, or lab activities.

"University property" means any land, buildings, or vehicles that the university owns or leases or that is under its control.

"Weapon" means (i) any firearm including any pistol, revolver, rifle, shotgun, air-pistol, paintball gun, or other instrument designed or intended to propel a bullet, cartridge, or other missile of any kind including a bow or cross-bow; (ii) any dirk, bowie knife, switchblade knife, ballistic knife, butterfly knife, sword, machete, or other bladed weapon with a blade longer than four inches in length; (iii) any razor slingshot, spring stick, metal or lexan knucks, or blackjack; (iv) any flailing instrument consisting of two or more rigid parts connected in such manner as to allow them to swing freely, which may be known as nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; or (v) any disc, of whatever configuration, having at least two points or pointed blades that is designed to be thrown or propelled and that may be known as throwing star or oriental dart.

8VAC85-20-30. Weapons, fireworks, and explosives prohibited.

A. The safety of the university community is promoted by the reasonable regulation of weapons, fireworks, and explosives.

B. Members of the university community. The possession, storage, or use of any weapon by any university student, faculty, employee, trainee, or volunteer, except a law-enforcement officer, on university property is prohibited.

C. General public and visitors. The possession, storage, or use of any weapon by the general public or visitors, except a law-enforcement officer, on university property in academic, administrative, athletic, entertainment, or student residence buildings, child care or dining facilities, or the University Medical Center, or while attending sporting, entertainment, or educational activities is prohibited.

D. Exceptions. In the following circumstances, the Chief of the University Police Department, or his designee, may authorize in writing a person to possess, store, or use a weapon: (i) educational or artistic display, parade, or ceremony in connection with a university-sponsored activity (unloaded or disabled only and with other specified safeguards, if appropriate); (ii) official military or Reserve Officer Training Corps (ROTC) activities; (iii) university contracted protection or security details; (iv) any university-approved training, course, or class; or (v) university personnel, other than law-enforcement officers, required to possess a weapon as part of their official duties. A request for permission pursuant to one of the exceptions in this subsection shall be addressed in advance to the Chief of the University Police Department where it will be evaluated on a case-by-case basis in accordance with state and federal law, university policy, and the safety of the university community.

E. Fireworks and other explosives. Except as approved by authorized university personnel or otherwise authorized by applicable university policies and procedures, the possession, storage, or use of any firework or other explosive or any lethal combustible chemical or combination of chemicals on university property or while attending sporting, entertainment, or educational activities is prohibited.

8VAC85-20-40. Persons lawfully in charge.

In addition to university personnel responsible for the management or supervision of university property and activities, university law-enforcement officers are lawfully in charge of university property for purposes of forbidding entry upon or within, or prohibiting remaining upon or within university property while possessing weapons or other devices, instruments, fireworks, explosives, or combustible chemicals in violation of this chapter. University personnel or students who violate this chapter also may be subject to disciplinary action. The provisions of this chapter apply regardless of whether a person has a concealed weapon permit.

VA.R. Doc. No. R12-3052; Filed November 14, 2011, 2:50 p.m.