8VAC105-20 Weapons on Campus

REGULATIONS

Vol. 28 Iss. 16 - April 09, 2012

TITLE 8. EDUCATION

VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY

Chapter 20

Final Regulation

REGISTRAR'S NOTICE: Virginia Polytechnic Institute and State University 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: 8VAC105-20. Weapons on Campus (adding 8VAC105-20-10 through 8VAC105-20-40).

Statutory Authority: § 23-122 of the Code of Virginia.

Effective Date: March 27, 2012.

Agency Contact: Natalie Hart, Deputy Chief of Staff, Virginia Polytechnic Institute and State University, 210 Burruss Hall, Blacksburg, VA 24061, telephone [phone], FAX [phone], or email [e-mail].

Summary:

The regulation establishes the rules regarding the use of weapons on the campus of Virginia Polytechnic Institute and State University.

CHAPTER 20
WEAPONS ON CAMPUS

8VAC105-20-10. Definitions.

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

"Firearms" means any gun, rifle, pistol, or handgun designed to fire any projectile including but not limited to bullets, BBs, pellets, or shots, including paint balls, regardless of the propellant used.

"Police officer" means law-enforcement officials appointed pursuant to Article 3 (§ 15.2-1609 et seq.) of Chapter 16 or Chapter 17 (§ 15.2-1700 et seq.) of Title 15.2, Chapter 17 (§ 23-232 et seq.) of Title 23, Chapter 2 (§ 29.1-200 et seq.) of Title 29.1, or Chapter 1 (§ 52-1 et seq.) of Title 52 of the Code of Virginia, currently sworn federal law-enforcement officers, or currently sworn and certified law-enforcement officers of all other jurisdictions of the United States of America.

"University property" means any property owned, leased, or controlled by Virginia Polytechnic Institute and State University.

"Virginia Tech" means Virginia Polytechnic Institute and State University.

"Weapons" means any instrument of combat, or any object not designed as an instrument of combat but carried for the purpose of inflicting or threatening bodily injury. Examples include but are not limited to (i) firearms; (ii) knives with fixed blades or pocket knives with blades longer than four inches; (iii) razors or metal knuckles; (iv) blackjacks, foils, or hatchets; (v) bows and arrows; (vi) nun chahkas; (vii) stun weapons; or (viii) any explosive or incendiary device. Stun weapon is defined as any device that emits a momentary or pulsed output that is electrical, audible, optical, or electromagnetic in nature and that is designed to temporarily incapacitate a person.

8VAC105-20-20. Possession of weapons prohibited.

A. The university's employees, students, and volunteers are prohibited from carrying, maintaining, or storing a firearm or weapon on any university property. Any visitor or other third party attending a sporting, entertainment, or educational event or visiting an academic or administrative office building, dining facility, or residence hall is prohibited from carrying, maintaining, or storing a firearm or weapon on any university facility, even if the owner has a valid permit. This prohibition also applies to all events on campus where people congregate in any public or outdoor areas.

B. Any such individual who is reported or discovered to possess a firearm or weapon on university property will be asked to remove it immediately from university property. Failure to comply may result in a student conduct referral, an employee disciplinary action, or arrest.

8VAC105-20-30. Exceptions to prohibition.

The following groups are exempted from this regulation:

1. Employees may possess or carry a firearm or weapon only if the employee is:

a. Required to possess the firearm or weapon as a part of the employee’s job duties with Virginia Tech;

b. Using the firearm or weapon in conjunction with training received by the employee in order to perform the responsibilities of his job with the university;

c. Residing in university owned houses and is permitted to keep personal firearms on these premises; however, this exception does not extend to employees living in university residence halls;

d. A certified and sworn police officer employed by the Virginia Tech Police Department;

e. Currently a sworn and certified state or federal law-enforcement officer who carries proper identification; or

f. Participating in a program sponsored by the Virginia Tech Police Department wherein the firearms are provided by the department and utilized only during supervision by the department.

2. Students may possess and use appropriate tools, such as saws, knives, and other such implements, necessary for the performance of their job duties or school work, or for student recreational purposes approved under the University Policies for Student Life or while participating in a program sponsored by the Virginia Tech Police Department wherein the firearms are provided by the department and utilized only during supervision by the department.

3. Contractors and others on campus whose duties require possession and use of construction equipment, including but not limited to pneumatic nail guns, may possess and use such equipment only in performance of their job duties through a valid contractual or legal relationship with Virginia Tech.

8VAC105-20-40. Person lawfully in charge.

In addition to individuals authorized by university policy, Virginia Tech police officers, and other police officers acting pursuant to a mutual aid agreement or by concurrent jurisdiction, are lawfully in charge for the purposes of forbidding entry upon or remaining upon university property while possessing or carrying weapons in violation of this chapter.

VA.R. Doc. No. R12-3158; Filed March 27, 2012, 11:38 a.m.