Firearms Will Be Prohibited At Town-Owned Buildings In Herndon Starting Next Year

HERNDON, VA — Herndon Town Council voted 4 to 3 Tuesday night to adopt a resolution banning firearms at certain locations in town. The ordinance the council approved was less restrictive than the one town staff presented at the beginning of the month.

A violation of the new gun ban ordinance is considered a class 1 misdemeanor. Under the Virginia Code, a class 1 misdemeanor is punishable by up to 12 months in jail and/or a fine of up to $2,500.

Under the motion the council adopted, firearms are restricted in town buildings with staff and/or public access. However, firearms are allowed at all town parks and on any public streets, roads, alleys, or sidewalks or public right-of-ways adjacent to town-permitted events.

Under the new ordinance, the gun ban would only affect the following town buildings:

• Herndon Council Chambers - 765 Lynn St.
• Herndon Municipal Center - 777 Lynn St.
• Old Town Hall - 730 Elden St.
• Herndon Community Center - 814 Ferndale Ave.
• Herndon Golf Course Club House - 909 Ferndale Ave.
• Public Works Town Shop - 1479 Sterling Road
• Public Works Operations/Water and Sewer - 1481 Sterling Road
• Herndon Police Department - 397 Herndon Parkway
• Cemetery Offices - 831 Dranesville Road
• Cemetery Maintenance Shop - 831 Dranesville Road

The gun ban applies to all town residents and visitors. Those exempt from the ban include law enforcement personnel and security personnel hired by the town. In addition, the ordinance does not apply to displays of firearms altered for safety as part of educational programs and events.

The new ordinance authorizes the town manager to institute security measures in order to implement the ban. In addition, the ordinance requires the town to display explanatory signage at locations where firearms are prohibited. The ordinance will go into effect on Jan. 1, 2022, which will allow the town time to purchase proper signage and security equipment in order to enforce the new restrictions.

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.

Following the passage of the legislation, a number of Northern Virginia jurisdictions 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.

The town council began discussing a gun ordinance in September 2020 and a draft ordinance was presented at the April 6 work session. At a June 1 work session, the council voted to schedule public hearings on the proposed ordinance for Sept. 7 and Sept. 14, and at Tuesday meeting.

Town attorney Lesa Yeatts presented two proposed ordinances for the council's consideration on Tuesday. The first was the original draft ordinance presented during the council's work session earlier in the month.

The second option, which was the one the council ended up adopting, came out of the Sept. 21 work session, in which council members asked the town attorney to bring forward a version that only focused on restricting firearms within town buildings.

In the first option, firearms would have been restricted on all public properties or places operating under the authority of the local government. This included government office buildings, public parks and recreation centers. In addition, firearms would be restricted on public streets, roads, alleys, or sidewalks or public right-of-ways that were being used for or were adjacent to any town-sponsored event.

In the lead-up to the gun ban vote, the council conducted several public hearings and listened to supporters and detractors of the proposed gun ban.

At the end of Tuesday night's public hearing, Councilmember Signe Friedrichs made a motion to table the vote, which was seconded by Mayor Shelia Olem. That motioned failed on a 2 to 5 vote.

Councilmember Jasbinder Singh then made a motion to adopt the second proposed ordinance with some updated language in one section. He explained that the new language would only require metal detectors be installed at Herndon Council Chambers and at no other town-owned buildings. This would keep the installation of security devices to around $41,000, with annual costs of around $19,000. He based his numbers provided in the staff report.

"This proposal really does the minimum possible response the we can possibly have and protect our people," he said.

Vice Mayor Cesar del Aguila seconded Singh's motion, which was then put up for a vote.

Voting with Singh and del Aguila for approval were Councilmembers Naila Alam and Pradip Dhakal. Councilmembers Friedrichs and Sean Regan joined Mayor Olem in voting no.