REGULATIONS
Vol. 35 Iss. 10 - January 07, 2019

TITLE 8. EDUCATION
BOARD OF VISITORS OF THE COLLEGE OF WILLIAM AND MARY
Chapter 30
Final Regulation

REGISTRAR'S NOTICE: The Board of Visitors of the College of William and Mary is claiming an exemption 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: 8VAC115-30. Richard Bland College Weapons on Campus Regulation (amending 8VAC115-30-10, 8VAC115-30-20, 8VAC115-30-30).

Statutory Authority: § 23.1-1301 of the Code of Virginia.

Effective Date: January 2, 2019.

Agency Contact: Carla Costello, ADA Coordinator and Compliance Investigator, College of William and Mary, 108 James Blair Hall, Williamsburg, VA 23185, telephone (757) 221-1254, or email cacostello@wm.edu.

Summary:

The amendments refine the definition of "weapon" and clarify the applicability of the regulation.

8VAC115-30-10. Definitions.

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

"College property" means any property, vehicle, or vessel owned, leased, or controlled by Richard Bland College of the College of William and Mary.

"Police officer" means law-enforcement officials appointed pursuant to Article 3 (§ 15.2-1609 et seq.) of Chapter 16 and Chapter 17 (§ 15.2-1700 et seq.) of Title 15.2, Article 3 (§ 23.1-809 et seq.) of Chapter 17 (§ 23-232 et seq.) 8 of Title 23 23.1, 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 or sworn federal law-enforcement officers.

"Weapon" means any firearm instrument of combat or any object not designed as an instrument of combat but carried for the apparent purpose of inflicting or threatening bodily injury. Examples include:

1. Firearms, including any pistol, revolver, rifle, shotgun, air-pistol, paintball gun, or other weapon designed or intended to propel a bullet, cartridge, or missile of any kind by action of an explosion of any combustible material;

2. Knives, including any dirk, bowie knife, switchblade knife, ballistic knife, butterfly knife, sword, machete, razor, spring stick, or other bladed weapon with a blade longer than four inches;

3. Razors or metal knuckles;

4. Blackjacks, foils, or hatchets;

5. Bows and arrows, crossbows, or slingshots;

6. Nun chahkas, including any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may also be known as a nun chuck, nunchaku, shuriken, or fighting chain;

7. Throwing stars, including any disc, of whatever configuration, having at least two points or pointed blades, which is designed to be thrown or propelled and which may be known as an oriental dart;

8. Stun guns, including 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; 

9. Any explosive or incendiary device, including fireworks or other devices relying on any combination of explosives and combustibles to be set off to generate lights, smoke, or noise; or

10. Any other weapon listed in § 18.2-308 A of the Code of Virginia.

"Weapon" does not include (i) knives or razors commonly used for domestic or academic purposes or pen or folding knives with blades less than three inches in length or (ii) mace, pepper spray, and other such items possessed, stored, or carried for use in accordance with the purpose intended by the original manufacturer.

8VAC115-30-20. Possession of weapons prohibited; exceptions.

A. Possession, storing, or carrying of any weapon by any person, except a police officer or an individual authorized pursuant to college policy, is prohibited on college property, whether in academic buildings, administrative buildings, student residence and student life buildings, or dining or athletic facilities, or while attending an official college event, such as any college building; while attending an athletic, academic, social, recreational, or educational event,; or on vehicles or vessels that are college property. This prohibition also applies to all events or activities on college property where people congregate in any public or outdoor areas.

B. This prohibition does not apply to:

1. Police officers on college property in an official capacity pursuant to a college request, mutual aid agreement, or on active duty and within their jurisdiction; or

2. A college employee possessing, storing, or carrying a weapon as expressly authorized or required by the terms of the college employment.

C. Entry upon such college property in violation of this prohibition is expressly forbidden. Persons violating this prohibition will be asked to remove the weapon immediately from college property. Failure to comply with this request may result in arrest for trespass. Members of the college community are also subject to disciplinary action.

8VAC115-30-30. Person lawfully in charge.

In addition to individuals authorized by college policy or job duties, Richard Bland College police officers are lawfully in charge for the purposes of forbidding entry upon or remaining upon college property while possessing or carrying weapons in violation of this prohibition.

VA.R. Doc. No. R19-5783; Filed December 18, 2018, 4:18 p.m.