33-year-old Michael O'Berry faces up to five years in jail after Chesterfield police charged him for openly carrying a gun into A.M. Davis Elementary School.
According to Chesterfield investigators, the 9mm handgun O'Berry had in a holster on his side was loaded.
Police also say, O'Berry had gone to Davis Elementary Thursday afternoon to pick up his sick daughter. When investigators questioned O'Berry the next day, he told officers he didn't know having a gun on school property was illegal.
Chesterfield police charged O'Berry on Friday with possession of a firearm on school property.
At a court hearing Monday morning, a Chesterfield judge denied O'Berry bond, which means he will remain in jail until next month.
NBC12 spoke with O'Berry's family who said keeping O'Berry in jail without bond is too stiff of a penalty.
NBC12's legal analyst Steve Benjamin points to Virginia code, which states one can't have a gun on school property, in court or an airport.
Benjamin says, while the judge wasn't obligated to keep O'Berry in jail, he did have the right to.
"I can't imagine any parent of any child would want anything but very strict enforcement of the gun laws," Benjamin said.
O'Berry will be back in court March 12.
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