Falls Church Council Considers Gun Ban On City-Owned Property

FALLS CHURCH, VA — A gun ban on local government property is being considered in the city of Falls Church. The City Council voted Monday to schedule a second reading and public hearing on the proposed gun ban ordinance for Aug. 10.

The proposed Falls Church ordinance would prohibit the possession, carrying or transportation of any firearms, ammunition or their components in the city's buildings, facilities, parks and in streets when used for public events. It would only apply to public streets when used for a public event with signage posted.

Localities have the authority to implement this kind of gun ban under a new state law. In 2020, the Virginia General Assembly passed Senate Bill 35 and House Bill 421, allowing localities to prohibit guns in their buildings, parks, recreation centers, community centers and public spaces used for permitted events. Gov. Ralph Northam signed the legislation, and it took effect on July 1. Alexandria was the first locality to implement a gun ban on its property in alignment with the new state law.

Because Virginia is a "Dillon Rule" state, localities are prohibited from enacting measures unless specifically authorized by the state. The state new law reverses 2002 Virginia General Assembly legislation prohibiting localities from regulating firearms in their buildings. Since 2005, the Falls Church City Council had advocated for the authority to implement a gun ban on city property in its legislative priorities for the Virginia General Assembly.

There would be exemptions under the Falls Church ordinance. It wouldn't apply to military personnel acting in the course of their duties, sworn and retired law enforcement officers, private security personnel hired by the city, historical re-enactors and others using an unloaded, inoperative gun, unloaded guns secured in a locked vehicle using the streets or parked on public property, Reserve Officer Training Corps programs, NCAA rifle teams, trap and skeet clubs, and other school of higher education courses, classes, clubs or activities.

The ordinance proposes that a violation would be a Class 1 misdemeanor. This is punishable by up to 12 months in jail, a fine up to $2,500, or both.

The gun ban is proposed to take effect Nov. 1, 2020, to allow time to post required signage. Under state law and the ordinance, signage would be posted where the gun ban applies: entrances of buildings and parks, as well as entrances and exits of public streets used for a public event.

A group of opposed residents became aware of the proposed ordinance Friday when resident David Kutchma posted about it on Nextdoor. Over 200 comments flooded in, and more feedback came in when the website Falls Church FACTS wrote about the proposal.

On Council Member Letty Hardi's Facebook page, Kutchma also questioned the city's inability to offer live public comment during virtual meetings. Hardi responded that "current technology doesn't allow for live public comment." Instead, comments emailed to cityclerk@fallschurchva.gov and transcribed phone calls are entered into public record and sent to members of City Council.

The opposed residents are circulating a petition that is to be sent to the city clerk for the Aug. 10 City Council meeting.