Four years after voting to prohibit firearms on public property, the Fairfax City Council is contemplating whether to expand those restrictions.
At a city council meeting on Tuesday (June 24), Fairfax leaders took a preliminary look at the 2021 ordinance and planned further discussion for another meeting on July 22.
The adopted ordinance prohibits the possession, carrying or transportation of firearms and ammunition in City buildings or facilities, public property or permitted events.
While Virginia is a Dillon Rule state that puts tight limits on what localities can regulate, the General Assembly amended the state code in 2020 to enable localities to prohibit firearms in buildings, parks, recreation centers, and a few other properties.
Fairfax City joined Fairfax County, Alexandria, Arlington and Falls Church in passing firearms bans.
As noted in a staff report, the City of Fairfax originally chose not to prohibit firearms in some areas where restrictions could permitted under the state code:
- On public streets, roads, alleys, sidewalks or the public right of way adjacent to a city-permitted event or an event that would require a city permit
- On parks owned and operated by the park authority
The ordinance didn’t address banning guns at events because of the extensive signage requirements that would need to be posted, according to Fairfax City staff.
After passing its ordinance, the city council at the time requested that it be brought back for review in the future, staff told the council at Tuesday’s meeting.
Since the ordinance went into effect, Fairfax City police have not issued any citations or filed any charges for firearms being carried illegally. However, staff noted that doesn’t necessarily mean there haven’t been any violations, because police are encouraged to ask the person with the firearm to leave before issuing a citation.
The City Council generally seemed supportive of the ordinance and open to consideration of expanding it within the confines of the state ordinance.
“These are not places appropriate for non-law enforcement to have guns,” Councilmember Billy Bates said. “If we were to include events, [police] could respond before something happens.”
Bates said his top priority is to expand the prohibitions on firearms to include city-permitted events, but he also suggested that the offense — currently a Class 4 misdemeanor — should be upgraded to a Class 1.
While the council voted in favor of bringing the topic back at the July 22 meeting, some expressed misgivings about making any changes over the summer while many families are away.
Councilmember Thomas Peterson said that, when it does come back for discussion, that conversation would benefit from the police chief’s presence to discuss enforcement and the law’s impact. Capt. Natalie Hinesley is currently serving as the city’s acting police chief after former chief Erin Schaible retired on Jan. 3.
