Following a change in State law, several Northern Virginia Localities, namely Alexandria, Arlington, and Fairfax have each passed a local gun ordinance restricting the possession of firearms in various public places. Each of these local ordinances restricts possession to the full extent permitted by State law.
Alexandria
Alexandria’s Gun Ordinance, effective July 1, 2020, in relevant part states:
The possession, carrying or transportation of firearms, ammunition or components or combinations thereof (a) in any buildings, or part thereof, owned or used, by the City, or by any authority or local governmental entity created or controlled by the City, for governmental purposes; or (b) in parks owned or operated by the City, or by any authority or local governmental entity created or controlled by the City (c) in any recreational or community center facility operated by the locality, or by any authority or local governmental entity created or controlled by the City and (d) 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, is prohibited.
Arlington
Arlington’s Gun Ordinance, Section 13-14, 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 the County, or by any authority or County-created or controlled entity, for governmental purposes; (ii) in any park owned or operated by the County, or by any authority or County-created or controlled entity; (iii) in any recreation or community center facility owned or operated by the County , or by any authority or County-created or controlled entity; 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 County-permitted event or an event that would otherwise require a County permit, is prohibited. In buildings that are not owned by the County, or by any authority or County-created or controlled entity, 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.
Fairfax
Fairfax County’s Gun Ordinance, which passed September 15, 2020 and was effective immediately, is substantially similar to Alexandria and Arlington’s Ordinance.
What does this mean?
These Gun Ordinances have several effects. Some are straightforward. Possession of a firearm in public parks in prohibited. Other aspects are more difficult to clearly define.
For instance, what is a public place that is “adjacent to” a permitted event? How far away does a citizen have to be from such an event? Further, these ordinances also apply to events that “would otherwise require a County permit.” This poses two problems. First, how does a citizen know whether something is an “event” that would otherwise require a permit? Second, such events lacking a permit would also lack any notice. It is entirely possibly for a person to be walking down the street, and find themselves in the midst of an un-permitted event without their knowledge.
These Gun Ordinance also applies to building, owned or used, in full or in part, by city or county governments. Some such buildings are obvious, and generally not problematic. But other times, it can be less clear. Such circumstance include shared parking garages, or when government meetings are held in otherwise private buildings.
There are informal references in government documents and elsewhere that suggest that the first step for any such violation of these ordinances may be to ask an otherwise lawful person in possession of a firearm to leave the premises. Other press releases suggest that signage is a prequisite to enforcement. For instance, an Arlington News Release states:
“Enforcement will follow a period of education, and can only be done where there is clear signage that guns are prohibited. As with most local law enforcement in Arlington, it is expected that a verbal warning will be provided before any person is charged with a violation of the ordinance.”
Such provisions appear nowhere in any of these ordinances, and there is no reason to believe that such a “warning” would actually be given or is at all necessary to be arrested and charged.
None of these Ordinances exempt valid Concealed Handgun Permit holders.
A violation of these Ordinances is a Class 1 Misdemeanor, punishable by a maximum $2,5000 fine and/or up to a year in jail.
If you find yourself charged with a violation of any of these Ordinances, Contact Us learn learn what we can do to help you.
