TITLE 8. EDUCATION
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.