Herndon Gun Ban Ordinance: Status Update

HERNDON, VA — Although discussion of a proposed ordinance to prohibit guns in certain circumstances was on the agenda of Tuesday night's regular Herndon Town Council meeting, council members agreed unanimously to postpone the discussion until a later date.

In 2020, the Virginia General Assembly passed legislation enabling localities to adopt ordinances to prohibit the possession of firearms in certain cases. The law went into effect on July 1, 2020.

Since then, a number of Northern Virginia jurisdictions have passed ordinances limiting the possession of firearms on public property, including Arlington County, the City of Falls Church, the City of Fairfax, and Fairfax County.

At its April 6 work session, the council directed Town Attorney Lesa Yeatts' to review how neighboring jurisdictions had enacted the enabling legislation and then present her findings to the council.

When the agenda item came up for consideration Tuesday night, Mayor Sheila Olem proposed that Yeatts' scheduled briefing on the ordinance be pushed back to a May 6 strategic planning meeting. Since the planned presentation was not an advertised public hearing, Olem's proposal to alter the schedule only required a consensus of council members to agree to the change. All council members consented to move the presentation to May 6.

If the council decides to move forward with the proposed ordinance after hearing Yeatts' presentation in May, a public hearing will be advertised and members of the community will be able to offer their feedback on the proposal before the council votes on it. The public can submit testimony on the ordinance via email at: town.clerk@herndon-va.gov.

The proposed ordinance Yeatts will be presenting to the council will utilize the full extent of the enabling legislation.

"Firearms, ammunition, components or combination thereof would be prohibited in buildings, parks, recreation and community centers owned or used by the Town, or authorities and entities created or controlled by the Town," Yeatts said, in an April 6 letter to the council. "The prohibition would also be in effect at permitted events, events that would otherwise require a permit, and areas adjacent to those events, provided those events take place on a public street, road, alley, sidewalk or public right-of-way, or any other place of whatever nature that is open to the public. Appropriate signage must be posted in order to enforce the prohibition."

The ordinance includes the following exemptions:

• Sworn law enforcement personnel.
• Security personnel hired as employees or contracted by the town
• Active duty military personnel acting within the scope of their official duties.
• Individuals who are authorized to carry a concealed firearm pursuant to the Law Enforcement Officers Safety Act, 18 U.S.C. §§ 926B and 926C, as amended.
• Private security officers licensed by the Virginia Department of Criminal Justice Services providing security for a town-permitted event.
• The possession and carrying of weapons in a town building operating as a courthouse which is governed by the provisions of Va. Code § 18.2-283.1, as amended.
• Lawfully possessed firearm, ammunition, components or combination thereof that is stored out of sight in a locked private motor vehicle that is lawfully parked on town property or a public street.
• Training and other activities of certain identified groups including Senior Reserve Officers’ Training Corps program and intercollegiate programs.
• Activities of educational programs and events, including static displays and historical reenactments otherwise permitted.

A violation of the ordinance would be punishable as a class one misdemeanor. A person convicted of a class one misdemeanor in Virginia faces up to 12 months in jail, a fine of up to $2,500, or both.

Also see ...

Gun Ban On Town Property To Be Reviewed By Herndon Council