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BOV prohibits concealed guns

Board passes regulation prohibiting firearms on University property in response to Cuccinelli

The Board of Visitors approved a regulation Friday banning firearms on Grounds, at the University Medical Center and at the College at Wise. The regulation is consistent with an already existing University policy prohibiting weapons, fireworks and explosives on University property.

The decision comes after Virginia Attorney General and University alumnus Ken Cuccinelli opined in July that the University's "policy" banning weapons could not apply to those with concealed weapons permits. In the opinion, Cuccinelli acknowledged that a similar regulation at George Mason University carries the force of law with regard to concealed weapons.

"Regulations" undergo a more formal process - they must be approved by a university's governing body through the Virginia Register Act.

"[Cuccinelli] recommended that schools should make a switch between policy and regulation" so those with concealed weapons permits could also be subject to the University's firearms restrictions, University spokesperson Carol Wood said.

Cuccinelli issued his opinion as a response to a question about the legality of a University policy prohibiting the possession of firearms by visitors inside buildings on Grounds and at the Medical Center.

In the opinion, Cuccinelli said the University could lawfully prohibit people on its property from openly carrying a firearm through its policy. He stated the policy, however, does not apply to those with a concealed carry permit.

"Because the University adopted a policy rather than a regulation, it has not 'otherwise prohibited by law' persons with a concealed carry permit from possessing a handgun, and, therefore, the policies may not be used to prohibit persons with such a permit from carrying a concealed firearm into the buildings covered by the policy," Cuccinelli wrote.

The new regulation applies to all University students, personnel, trainees, volunteers and visitors, including those with concealed weapons permits.

"The regulation will be submitted to the state this week, will be published in the Virginia Register and then later be in the Virginia Administrative Code" before taking official effect, Wood said.

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