Virginia criminal charge
Possession of firearm, stun weapon, or other weapon on school property prohibited in Virginia
Possession of firearm, stun weapon, or other weapon on school property prohibited is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-308.1. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-308.1.
What is the penalty for possession of firearm, stun weapon, or other weapon on school property prohibited in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (Possession of stun weapon, knife, or other weapon on school property — Knowing possession of a stun weapon, a knife with a folding metal blade of three inches or more (or non-folding knife), or another § 18.2-308(A)-designated weapon (other than a firearm) on school property, at school-sponsored functions/extracurricular activities open to the public, or on a school bus.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Possession of stun weapon, knife, or other weapon on school property — Knowing possession of a stun weapon, a knife with a folding metal blade of three inches or more (or non-folding knife), or another § 18.2-308(A)-designated weapon (other than a firearm) on school property, at school-sponsored functions/extracurricular activities open to the public, or on a school bus.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 5 years (Possession of firearm on school property — Knowing possession of a firearm designed or intended to expel a projectile by combustible explosion while on school property, at school-sponsored functions/extracurricular activities open to the public, or on a school bus.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Possession of firearm on school property — Knowing possession of a firearm designed or intended to expel a projectile by combustible explosion while on school property, at school-sponsored functions/extracurricular activities open to the public, or on a school bus.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | 1 years to 5 years (Possession of firearm in school building with intent to use or display in threatening manner — Knowing possession of a firearm within a school building where the person intends to use, attempts to use, or displays the firearm in a threatening manner, resulting in a mandatory minimum five-year consecutive sentence.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Possession of firearm in school building with intent to use or display in threatening manner — Knowing possession of a firearm within a school building where the person intends to use, attempts to use, or displays the firearm in a threatening manner, resulting in a mandatory minimum five-year consecutive sentence.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is possession of firearm, stun weapon, or other weapon on school property prohibited classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possession of stun weapon, knife, or other weapon on school property | Class 1 Misdemeanor | Knowing possession of a stun weapon, a knife with a folding metal blade of three inches or more (or non-folding knife), or another § 18.2-308(A)-designated weapon (other than a firearm) on school property, at school-sponsored functions/extracurricular activities open to the public, or on a school bus. | Va. Code Ann. § 18.2-308.1A |
| Possession of firearm on school property | Class 6 Felony | Knowing possession of a firearm designed or intended to expel a projectile by combustible explosion while on school property, at school-sponsored functions/extracurricular activities open to the public, or on a school bus. | Va. Code Ann. § 18.2-308.1B |
| Possession of firearm in school building with intent to use or display in threatening manner | Class 6 Felony | Knowing possession of a firearm within a school building where the person intends to use, attempts to use, or displays the firearm in a threatening manner, resulting in a mandatory minimum five-year consecutive sentence. | Va. Code Ann. § 18.2-308.1C |
Common questions about possession of firearm, stun weapon, or other weapon on school property prohibited in Virginia
Is possession of firearm, stun weapon, or other weapon on school property prohibited a felony or a misdemeanor in Virginia?
It depends on the circumstances: possession of firearm, stun weapon, or other weapon on school property prohibited ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-308.1.
Possession of stun weapon, knife, or other weapon on school property: class 1 misdemeanor (Va. Code Ann. § 18.2-308.1A) · Possession of firearm on school property: class 6 felony (Va. Code Ann. § 18.2-308.1B) · Possession of firearm in school building with intent to use or display in threatening manner: class 6 felony (Va. Code Ann. § 18.2-308.1C)
What are the penalties for possession of firearm, stun weapon, or other weapon on school property prohibited in Virginia?
Penalties for possession of firearm, stun weapon, or other weapon on school property prohibited in Virginia depend on how it is classified — from a class 1 misdemeanor up to a class 6 felony — with the ranges set by Va. Code Ann. § 18.2-11 and Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.
Which Virginia statute covers possession of firearm, stun weapon, or other weapon on school property prohibited?
Possession of firearm, stun weapon, or other weapon on school property prohibited is governed by Va. Code Ann. § 18.2-308.1 (Possession of firearm, stun weapon, or other weapon on school property prohibited; penalty).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.