Va. high court uphold college gun ban

January 13, 2011, 12:01 pm


RICHMOND, Va. (AP) — George Mason University's prohibition against guns in campus buildings and at sports and entertainment events does not violate the state or U.S. constitutions, the Virginia Supreme Court ruled Thursday.

The justices unanimously affirmed Fairfax Circuit Judge Michael McWeeny's ruling that the policy does not violate the Second Amendment right to bear arms.

The court also rejected gun owner Rudolph DiGiacinto's claim that the ban violates a provision in the Virginia Constitution that is similar to the Second Amendment. The justices noted that this case is the first in which they have been asked to rule on the state provision.

DiGiacinto is not a student, but he uses the university's libraries and other facilities and wanted to be able to carry his gun.

The court noted that in its decision striking down the District of Columbia's sweeping gun ban, the U.S. Supreme Court said firearms still can be prohibited in "sensitive places" like schools and government buildings. The state court said GMU's policy, which does not bar guns from open campus grounds, falls under that exception.

Also, the justices found no merit in DiGiacinto's claim that the university invoked powers reserved for the General Assembly. The court said the General Assembly specifically delegated policymaking duties to the university.

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