Virginia Attorney General and University alumnus Ken Cuccinelli issued a written opinion last summer stating concealed carry permit holders were not bound by the University's policy prohibiting firearms from University facilities and events. Cuccinelli's rationale was that the University's "policy" did not carry the full force of law according to Virginia Code, and therefore was not sufficient to limit the special privileges granted to concealed carry permit holders.
The Board of Visitors rectified this flaw in the University's approach to gun safety last Friday, however, when it approved a new regulation that bans firearms and other weapons from University buildings and events. Unlike a policy, this regulation will be statutorily equivalent to law, meaning it will bring concealed carry permit holders within its purview since Virginia Code specifies that their status "shall not thereby authorize the possession of any handgun or other weapon on property or in places where such possession is otherwise prohibited by law[.]" This was a smart step for the Board to take, as it will minimize students' exposure to dangerous weaponry while keeping the University's gun safety strategy well within the bounds of what is allowed according to the Virginia and United States constitutions.
The University's regulation is substantively similar to one originally enacted in 2007 by George Mason University's Board of Visitors and subsequently upheld as constitutional by the Supreme Court of Virginia. Both regulations are binding upon all individuals, with the exception of those in law enforcement, but neither produces a blanket ban upon carrying firearms anywhere on campus. Rather, to meet the test of narrow tailoring they only apply to on-campus buildings and other areas hosting large gatherings of people.
In addition, the University is on the same solid footing as George Mason in promulgating a gun regulation since both are public universities. This is true in light of the 2008 Supreme Court case District of Columbia v. Heller, in which the court noted "nothing in our opinion should be taken to cast doubt on
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