Virginia Code

Va. Code Ann. § 18.2-308.1 (2026)

Possession of firearm, stun weapon, or other weapon on school property prohibited; penalty

✓ current as of May 2026

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A. If any person knowingly possesses any (i) stun weapon as defined in this section; (ii) knife, except a pocket knife having a folding metal blade of less than three inches; or (iii) weapon, including a weapon of like kind, designated in subsection A of § 18.2-308, other than a firearm; upon (a) the property of any child day center or public, private, or religious preschool, elementary, middle, or high school, including buildings and grounds; (b) that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place; or (c) any school bus owned or operated by any such school, he is guilty of a Class 1 misdemeanor.

B. If any person knowingly possesses any firearm designed or intended to expel a projectile by action of an explosion of a combustible material while such person is upon (i) the property of any child day center or public, private, or religious preschool, elementary, middle, or high school, including buildings and grounds; (ii) that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place; or (iii) any school bus owned or operated by any such school, he is guilty of a Class 6 felony.

C. If any person knowingly possesses any firearm designed or intended to expel a projectile by action of an explosion of a combustible material within the building of a child day center or public, private, or religious preschool, elementary, middle, or high school and intends to use, or attempts to use, such firearm, or displays such weapon in a threatening manner, such person is guilty of a Class 6 felony and sentenced to a mandatory minimum term of imprisonment of five years to be served consecutively with any other sentence.

D. The child day center and private or religious preschool provisions of this section (i) shall apply only during the operating hours of such child day center or private or religious preschool and (ii) shall not apply to any person (a) whose residence is on the property of a child day center or a private or religious preschool and (b) who possesses a firearm or other weapon prohibited under this section while in his residence.

E. The exemptions set out in §§ 18.2-308 and 18.2-308.016 shall apply, mutatis mutandis, to the provisions of this section. The provisions of this section shall not apply to (i) persons who possess such weapon or weapons as a part of the school's curriculum or activities; (ii) a person possessing a knife customarily used for food preparation or service and using it for such purpose; (iii) persons who possess such weapon or weapons as a part of any program sponsored or facilitated by either the school or any organization authorized by the school to conduct its programs either on or off the school premises; (iv) any law-enforcement officer, or retired law-enforcement officer qualified pursuant to subsection C of § 18.2-308.016; (v) any person who possesses a knife or blade which he uses customarily in his trade; (vi) a person who possesses an unloaded firearm or a stun weapon that is in a closed container, or a knife having a metal blade, in or upon a motor vehicle, or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle; (vii) a person who has a valid concealed handgun permit and possesses a concealed handgun or a stun weapon while in a motor vehicle in a parking lot, traffic circle, or other means of vehicular ingress or egress to the school; (viii) a school security officer authorized to carry a firearm pursuant to § 22.1-280.2:1; or (ix) an armed security officer, licensed pursuant to Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1, hired by a child day center or a private or religious school for the protection of students and employees as authorized by such school. For the purposes of this subsection, "weapon" includes a knife having a metal blade of three inches or longer and "closed container" includes a locked vehicle trunk.

F. Nothing in subsection E or any other provision of law shall be construed as providing an exemption to the provisions of this section for a special conservator of the peace appointed pursuant to § 19.2-13, other than the specifically enumerated exemptions that apply to the general population as provided in subsection E.

G. As used in this section:

"Child day center" means a child day center, as defined in § 22.1-289.02, that is licensed in accordance with the provisions of Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1 and is not operated at the residence of the provider or of any of the children.

"Stun weapon" means any device that emits a momentary or pulsed output, which is electrical, audible, optical or electromagnetic in nature and which is designed to temporarily incapacitate a person.

1979, c. 467; 1988, c. 493; 1990, cc. 635, 744; 1991, c. 579; 1992, cc. 727, 735; 1995, c. 511; 1999, cc. 587, 829, 846; 2001, c. 403; 2003, cc. 619, 976; 2004, cc. 128, 461; 2005, cc. 830, 928; 2007, c. 519; 2011, c. 282; 2013, c. 416; 2015, c. 289; 2016, c. 257; 2017, c. 311; 2020, cc. 693, 1037, 1249.

Notes of Decisions

Cited in 45 cases (11 in the last 5 years), 1995–2026 · leading case: Esteban v. Commonwealth, 587 S.E.2d 523 (Va. 2003).

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Esteban v. Commonwealth, 587 S.E.2d 523 (Va. 2003). · cites it 9× “” We awarded the defendant this appeal limited to consideration of the harmless error issue and to the claim that the Court of Appeals erred “in not holding that mens rea is an element of Code § 18.2-308.1[(B)].” In the view we take of the case, the only issue we need discuss is…”

Alger v. Commonwealth, 590 S.E.2d 563 (Va. 2004). · cites it 6× “to knowingly and intentionally possess or transport any (a) firearm or (b) stun weapon or taser as defined in § 18.2-308.1 except in such person’s residence or the curtilage thereof or to knowingly and intentionally carry about his person, hidden from common observation, any…”

Herron v. Commonwealth, 688 S.E.2d 901 (Va. Ct. App. 2010). · cites it 8× “*698 In Esteban , the defendant was convicted under Code § 18.2-308.1(B), which prohibits possession of a firearm on school property.”

Frias v. Commonwealth, 538 S.E.2d 374 (Va. Ct. App. 2000). · cites it 12× “Frias (appellant) was convicted in a bench trial of possession of a firearm on school property in violation of Code § 18.2-308.1. He contends the trial court erred in failing to find him to be a “conservator of the peace” and, therefore, exempt from the charge of possession of a…”

Anderson v. Commonwealth, 507 S.E.2d 339 (Va. 1998). · cites it 4× “I On January 9, 1995, Lemar Jamie Anderson entered into a written plea agreement whereby he agreed to plead guilty to possession of a firearm upon school property in violation of Code § 18.2-308.1. The agreement provided that Anderson would be sentenced to two years'…”

Wright v. Com., 685 S.E.2d 655 (Va. 2009). · cites it 2× “, Code § 18.2-308.1(B) (possession on school grounds); Code § 18.”

United States v. Lopez, 514 U.S. 549 (1995). “1994); Va. Code Ann. § 18.2-308.1 (1988); Wis. Stat.”

Branch v. Commonwealth, 593 S.E.2d 835 (Va. Ct. App. 2004). · cites it 3× “as defined by § 18.2-308.1.... Any person who violates this section shall be guilty of a Class 6 felony____ Thus, the pertinent conduct proscribed by Code § 18.”

Alger v. Commonwealth, 578 S.E.2d 51 (Va. Ct. App. 2003). · cites it 3× “to knowingly and intentionally possess or transport any (a) firearm or (b) stun weapon or taser as defined in § 18.2-308.1 except in such person’s residence or the curtilage thereof or to knowingly and intentionally carry about his person, hidden from common observation, any…”

Wood Ex Rel. Wood v. Henry Cnty. Pub. Schs., 495 S.E.2d 255 (Va. 1998). · cites it 3× “1 Code § 18.2-308.1 states in part: “If any person has in his possession any .”

Commonwealth of Virginia v. Shawn Lynn Botkin, 805 S.E.2d 412 (Va. Ct. App. 2017). · cites it 2× “2(B) (requiring “mandatory minimum term of imprisonment of one year to be served consecutively with any other sentence”); Code § 18.2-308.1(C) (requiring “mandatory minimum term of imprisonment of five years to be served consecutively with any other sentence”).”

Christian John Prekker v. Commonwealth of Virginia, 782 S.E.2d 604 (Va. Ct. App. 2016). · cites it 2× “ony if committed by an adult, other than those felonies set forth in clause (ii), whether such conviction or adjudication occurred under the laws of the Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof, to knowingly and…”

Show all 45 citing cases →

— Va. Code Ann. § 18.2-308.1(A) — 1 case

McNamara v. Commonwealth, 692 S.E.2d 648 (Va. Ct. App. 2010).

— Va. Code Ann. § 18.2-308.1(B) — 12 cases

Esteban v. Commonwealth, 587 S.E.2d 523 (Va. 2003). “” We awarded the defendant this appeal limited to consideration of the harmless error issue and to the claim that the Court of Appeals erred “in not holding that mens rea is an element of Code § 18.2-308.1[(B)].” In the view we take of the case, the only issue we need discuss is…”

Herron v. Commonwealth, 688 S.E.2d 901 (Va. Ct. App. 2010). “*698 In Esteban , the defendant was convicted under Code § 18.2-308.1(B), which prohibits possession of a firearm on school property.”

Wright v. Com., 685 S.E.2d 655 (Va. 2009). “, Code § 18.2-308.1(B) (possession on school grounds); Code § 18.”

Branch v. Commonwealth, 593 S.E.2d 835 (Va. Ct. App. 2004). “as defined by § 18.2-308.1.... Any person who violates this section shall be guilty of a Class 6 felony____ Thus, the pertinent conduct proscribed by Code § 18.”

Justin Ray Reed v. Commonwealth of Virginia (Va. Ct. App. 2025).

— Va. Code Ann. § 18.2-308.1(B)(i) — 1 case

Justin Ray Reed v. Commonwealth of Virginia (Va. Ct. App. 2025).

— Va. Code Ann. § 18.2-308.1(B)(ii) — 1 case

Justin Ray Reed v. Commonwealth of Virginia (Va. Ct. App. 2025).

— Va. Code Ann. § 18.2-308.1(B)(vi) — 1 case

McNamara v. Commonwealth, 692 S.E.2d 648 (Va. Ct. App. 2010).

— Va. Code Ann. § 18.2-308.1(C) — 4 cases

Commonwealth of Virginia v. Shawn Lynn Botkin, 805 S.E.2d 412 (Va. Ct. App. 2017). “2(B) (requiring “mandatory minimum term of imprisonment of one year to be served consecutively with any other sentence”); Code § 18.2-308.1(C) (requiring “mandatory minimum term of imprisonment of five years to be served consecutively with any other sentence”).”

Botkin v. Commonwealth, 819 S.E.2d 652 (Va. 2018).

Botkin v. Commonwealth (Va. 2018).

Justin Ray Reed v. Commonwealth of Virginia (Va. Ct. App. 2025).

— Va. Code Ann. § 18.2-308.1(E)(vii) — 1 case

Justin Ray Reed v. Commonwealth of Virginia (Va. Ct. App. 2025).

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