{"id":489,"date":"2012-04-16T15:22:28","date_gmt":"2012-04-16T15:22:28","guid":{"rendered":"http:\/\/monachuslex.com\/?p=489"},"modified":"2012-04-16T15:22:28","modified_gmt":"2012-04-16T15:22:28","slug":"jmu-board-of-visitors-moves-forward-on-weapons-ban-regulation","status":"publish","type":"post","link":"https:\/\/monachuslex.com\/?p=489","title":{"rendered":"JMU Board of Visitors moves forward on weapons ban regulation"},"content":{"rendered":"
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Wilson Hall at JMU<\/p><\/div>\n

During a Friday April 15th 2012 meeting, the Board of Visitors of James Madison University, located in Harrisonburg, Virginia, voted to promulgate a regulation banning weapons on campus.<\/p>\n

While the exact text of the proposed regulation has not yet been released, it reportedly closely mimics the policy previously in effect at JMU<\/a>.<\/p>\n

In replacing their policy with a promulgated regulation, JMU joins the over half-a-dozen other Virginia colleges and universities that have moved to replace policies with regulations following the opinion by Attorney General Cuccinelli<\/a>\u00a0that policies have no force against permit holders whereas regulations, which have the force and effect of law, trump Virginia’s concealed handgun permit law. \u00a0Attorney General Cuccinelli based his opinion on the holding in DiGiacinto v. Rector and Visitors of George Mason University<\/a> <\/em>and\u00a0\u00a7\u00a018.2-308(o)<\/a> of the code of Virginia which states:<\/p>\n

[t]he granting of a concealed handgun permit shall not thereby authorize the possession of any handgun or other weapon on property or in places where such possession is otherwise\u00a0prohibited by law<\/strong>[.]<\/p><\/blockquote>\n

Since properly promulgated regulations have the force and effect of law, this generalized prohibition on the otherwise broad recognition of right-to-carry by permit holders withstands judicial review according to the Virginia Supreme Court.<\/p>\n

This trend has also been facilitated by the fact that under current law, Commonwealth operated colleges and universities are largely immune to the requirements of the Virginia Administrative Process Act<\/a>.<\/p>\n

There are three distinct legislative remedies that gun owners need to seek in upcoming legislative sessions to address this problem.<\/p>\n

1) \u00a0Remove the generalized prohibition in\u00a0\u00a7\u00a018.2-308(o) and require all prohibitions on the right-to-carry be specifically added to \u00a7 18.2-308 by the duly elected legislature rather than by administrative agencies.<\/p>\n

2) \u00a0Enact a code section which extends preemption to the actions of administrative agencies.\u00a0Virginia already preempts localities and their agents from regulating firearms in \u00a7 15.2-915<\/a>.<\/p>\n

3) \u00a0Remove the fast track administrative powers of Commonwealth operated colleges and universities where such\u00a0administrative\u00a0action will impact visitors and third-parties.<\/p>\n

Tomorrow’s column will feature proposed legislation to accomplish these goals.<\/p>\n","protected":false},"excerpt":{"rendered":"

During a Friday April 15th 2012 meeting, the Board of Visitors of James Madison University, located in Harrisonburg, Virginia, voted to promulgate a regulation banning weapons on campus. While the exact text of the proposed regulation has not yet been … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7,20,105],"tags":[],"class_list":["post-489","post","type-post","status-publish","format-standard","hentry","category-administrative-regulations","category-campus-carry","category-virginia"],"_links":{"self":[{"href":"https:\/\/monachuslex.com\/index.php?rest_route=\/wp\/v2\/posts\/489","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/monachuslex.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/monachuslex.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/monachuslex.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/monachuslex.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=489"}],"version-history":[{"count":0,"href":"https:\/\/monachuslex.com\/index.php?rest_route=\/wp\/v2\/posts\/489\/revisions"}],"wp:attachment":[{"href":"https:\/\/monachuslex.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=489"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/monachuslex.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=489"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/monachuslex.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=489"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}