Background
Until recently, local municipalities were largely forbidden to pass their own local gun laws. This preemption is related Virginia’s status as a Dillon Rule state, which restricts municipal power only to what is expressly granted by the Commonwealth.
Effective July 1, 2020, however new legislative changes expanded the scope of authority that local governments have in passing local gun laws and prohibiting the possession of firearms in certain places.
The Law
Virginia Code § 15.2-915(E):
[A] locality may adopt an ordinance that prohibits the possession, carrying, or transportation of any firearms, ammunition, or components or combination thereof
(i) in any building, or part thereof, owned or used by such locality, or by any authority or local governmental entity created or controlled by the locality, for governmental purposes;
(ii) in any public park owned or operated by the locality, or by any authority or local governmental entity created or controlled by the locality;
(iii) in any recreation or community center facility operated by the locality, or by any authority or local governmental entity created or controlled by the locality; or
(iv) in any public street, road, alley, or sidewalk or public right-of-way or any other place of whatever nature that is open to the public and is being used by or is adjacent to a permitted event or an event that would otherwise require a permit.
In buildings that are not owned by a locality, or by any authority or local governmental entity created or controlled by the locality, such ordinance shall apply only to the part of the building that is being used for a governmental purpose and when such building, or part thereof, is being used for a governmental purpose.
F. Notice of any ordinance adopted pursuant to subsection E shall be posted (i) at all entrances of any building, or part thereof, owned or used by the locality, or by any authority or local governmental entity created or controlled by the locality, for governmental purposes; (ii) at all entrances of any public park owned or operated by the locality, or by any authority or local governmental entity created or controlled by the locality; (iii) at all entrances of any recreation or community center facilities operated by the locality, or by any authority or local governmental entity created or controlled by the locality; and (iv) at all entrances or other appropriate places of ingress and egress to any public street, road, alley, or sidewalk or public right-of-way or any other place of whatever nature that is open to the public and is being used by or is adjacent to a permitted event or an event that would otherwise require a permit.
What It Means
Subsection (i) related to public, government, buildings. A locality may prohibit firearms in any building owned, or used, by the locality or any agency of the locality for governmental purposes. But also, if the building is not owned by locality, but only used by it, guns may only be prohibited in the “part of the building this is being used for government purposes” while it is being used for governmental purposes. Depending on specific local ordinances, this could lead to some confusion and costly mistakes.
Subsection (ii) provides that a locality may prohibit firearms in any public park, subsection (iii) does the same for community and recreation centers. While some “public parks” may be obvious and avoidable, Arlington County, for example has an immense amount of parks and park space, not all of which is big tree-filled spaces and playgrounds, but may be small grassy areas along common pedestrian areas.
Subsection (iv) related to “permitted event” or “an event that would otherwise require a permit.” While permitted events will typically, though not always, be obvious and avoidable, “events otherwise requiring a permit” is a nebulous and unclear category.
The requirement that signs be posted removes some uncertainty. Although exactly how many signs is sufficient, and how obvious they must be is unclear. Entrances to buildings are more or less specific and determined but the case is much different for parks and outdoor events.
Pursuant to Virginia Code § 15.2-1429, local gun laws may provide for a penalty no greater than that of a Class 1 Misdemeanor. Up to one year in Jail and/or a $2,500 fine.
Talk to A Lawyer
Our lawyers are experience in the jurisdictions of Northern Virginia, practicing in Alexandria, Arlington, Fairfax, Prince William, and Loudoun. Contact us today to discuss your criminal defense needs.
Locations we serve:
Alexandria General District Court
Arlington General District Court
Fairfax County General District Court
Prince William County General District Court
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