Gun Ban On Town Property To Be Reviewed By Herndon Council

HERNDON, VA — At its Tuesday night work session, Herndon Town Council will be discussing a proposed ordinance to prohibit the possession and carrying of firearms on all town properties and at town-sponsored events.

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 them, 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.

During a Sept. 15, 2020 work session, Town Attorney Lesa Yeatts briefed council members about the enabling legislation. After much discussion, the council asked Yeatts to research what other jurisdictions had done regarding the enabling legislation and to bring forward a proposal that was neither an absolute ban nor a "free-for-all."

Since only two of the 32 emails council members had received prior to the September work session had been from actual Herndon residents, council members said they wanted to hear more from residents of the 20170 ZIP code before making a final decision.

The proposed ordinance Yeatts will be presenting to the council Tuesday utilizes 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 her 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.

Tuesday night's discussion of the ordinance will be part of the council's regular work session and will not include a public hearing on the matter. If the council decides to move forward with the ordinance, town residents will be able to provide feedback at a future public hearing before the council votes on the ordinance.