In a legal opinion issued at the request of Senator Emmett Hanger, Virginia Attorney General Ken Cuccinelli argues that UVA’s firearm policies may not restrict an individual with a concealed carry permit from bringing a weapon into University buildings.
"With respect to persons who have 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," writes Cuccinelli. "[A]nd, 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."
In short, UVA policies may function as regulations unless they conflict with law, which means the school can prohibit the open carry of firearms on campus, but not concealed carries. As it exists, UVA’s policy prohibits individuals from carrying a firearm into campus buildings without prior approval from the Chief of Police for both staff, faculty as well as visitors.
“In addition to other individuals authorized by University policy, University of Virginia police officers are lawfully in charge of University property and University facilities for purposes of forbidding entry upon or within, or prohibiting remaining upon or within University property and facilities while possessing firearms, weapons or other devices in violation of this policy,” reads the policy.
According to the Virginia Pilot, UVA spokesperson Carol Wood said that UVA is reviewing Cuccinelli’s opinion.
"The safety and security of our more than 20,000 students and 10,000 employees — in addition to the safety of the more than 10,000 patients and visitors who come to the University each day — are of utmost importance to us," she added. "Any steps we consider in our review of the opinion will certainly take that responsibility into account," she is quoted as saying.