Changes To Firearms Ordinance Considered By Fairfax City Council

FAIRFAX CITY, VA — Fairfax City Council voted unanimously at its Tuesday night meeting to hold a public hearing in September to consider amendments to the city’s firearms ordinance.

The Virginia General Assembly passed legislation in 2020 enabling localities to enact ordinances to prohibit firearms in and on certain public properties.

On Feb. 9, 2021, the city council passed an ordinance prohibiting firearms on some public properties in the city. It also voted to reduce the penalty for violating the ordinance and added an exemption for educational programs and events, including historical reenactments, in which there were demonstrations of firearms, provided the firearms were not loaded or are used blanks.

The current council first discussed amending the city’s firearms ordinance during its June 24 work session. The proposed amendments would align the city’s regulations with those adopted by Fairfax County.

The following amendment expands where in the city the possession, carrying and transportation of firearms are prohibited:

“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 city-permitted event or an event that would otherwise require a city permit. For the purposes of this section, city-permitted event and event that would otherwise require a city permit include events permitted by an authority or local government entity created or controlled by the city in whole or in part.

"In parks located in the city that are owned or operated by a park authority that was created or is controlled by the city in conjunction with one or more other localities, provided that all participating localities enact an ordinance containing a prohibition substantially similar to that imposed by subsection (b)(2) above and the governing body of the park authority passes a resolution or other measure agreeing to the application of each such ordinance within the parks located in each such locality."

The changes to the ordinance also expand the city manager's ability to implement security measures in order to prevent a person with a firearm from accessing city buildings and public facilities as outlined above. It also describes where notices about the restrictions should be displayed.

Related: Amended Gun Ban Ordinance Passed By Fairfax City Council

In addition, the changes to the ordinance would increase the penalty for violations from a Class 4 misdemeanor to a Class 1 misdemeanor.

Under the Code of Virginia, the punishment for a Class 4 misdemeanor is a fine of up to $250, with no jail time. A Class 1 misdemeanor carries a potential penalty of up to one year in jail, a fine of up to $2,500, or both.

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The city council's unanimous vote on Tuesday was not about adopting the proposed amendments. Instead, they voted to advertise a Sept. 30 public hearing on the proposed changes to the firearms ordinance. This would give more time for residents to provide their input and city staff to answer the council's questions regarding the impact of adopting these proposed amemdments.

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