Following Steven Barber's expulsion from the University's College at Wise for possession of firearms on campus, he questioned the legality of the ban on concealed weapons. Virginia Attorney General Bob McDonnell, however, has upheld the school's interpretation of Virginia gun laws, saying commonwealth institutes of higher education have the choice to ban firearms if they so choose, according to Attorney General spokesperson David Clementson.
Clementson maintained that McDonnell's official opinion is the same as the opinion issued in January 2006 by then-Attorney General Judy Jagdmann.
According to that interpretation, a "general prohibition" on carrying concealed weapons on college campuses for those with legal permits is not allowed, but the official opinion does specify that commonwealth "colleges and universities may regulate the conduct of students and employees to prohibit them from carrying concealed weapons on campus."
The 2006 opinion, according to a copy of the document, was issued specifically in response to an occurrence on Grounds at the University in which a Medical Center employee who wished to carry a concealed weapon to and from the hospital was told that University policy would prohibit her from doing so.
The University's firearms policy states that "the possession, storage or use of any kind of ammunition, firearms, fireworks, explosives, air rifles and air pistols on University-owned or operated property without the expressed written permission of the University police is prohibited."
This issued interpretation was deemed acceptable by the University's Board of Visitors, who have the ability to make such a policy even in light of a citizen's right to bear arms.
According to Board Rector W. Heywood Fralin, the Board is satisfied with the current University policy.
"The Board of Visitors firmly supports the University's policy on the possession of firearms," Fralin said.
In adopting Jagdmann's 2006 interpretation, McDonnell in effect claims Wise officials have the same ability to regulate Barber's possession of firearms.
Barber, however, maintains the illegality of the college's actions against him despite McDonnell's opinion on the matter. According to Barber, Wise officials' "blanket prohibition policy" is inconsistent with the 2006 opinion because it crosses the line between regulating conduct and applying a general prohibition of arms, which is deemed unacceptable in the 2006 opinion?. For further confirmation on the inconsistency between Wise's decision and the 2006 opinion, Barber looked to Wise's Student Handbook.
Wise's Student Code of Conduct, found in its Student Handbook, states that the "possession, storage, or use of any kind of firearms" is prohibited.
Barber's next course of action may rely on the pending outcome of a case currently in the U.S. Supreme Court. District of Columbia v. Heller, the case in question, discusses the handgun ban in Washington, D.C. as well as the applicability of the Second Amendment to individuals. If the Supreme Court decides in favor of the right to bear arms, Barber said he may file a breach of contract suit against Wise for eliminating this constitutionally supported right.
McDonnell, according to a recent press release, recently said he is in favor of an individual's right to bear arms in regards to the ongoing Supreme Court case.
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