George --

Just a note to further clarify the good work your colleagues have done in describing Virginia's gun laws.

The bill set forth below, which passed both houses of the General Assembly in some form this year but was not enacted into law, would have further restricted the ability of local governments to regulate firearms and would even have prohibited the adoption of administrative policies about guns in the workplace.

The intent of the legislation was to overrule the AG's opinion issued by Gilmore (during the 1997 campaign cycle) after Allen vetoed the guns in recreation center bill. Gilmore's opinion said that localities could adopt ordinances prohibiting guns in recreation centers under their general police powers.

The new law would have prohibited the enactment of any such ordinance or any administrative rule regulating guns in county buildings unless expressly authorized by statute.

Although the patron of the bill, Delegate Roger McClure, is retiring, interested parties should watch for similar legislation to be introduced next year where it will continue to receive support in the House committee on Militia and Police.

Claire Guthrie Gastanaga (electronic mail, June 7, 2001).

AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee for Courts of Justice on February 18, 2001)
(Patron Prior to Substitute--Delegate McClure)

A BILL to amend and reenact § 15.2-915 of the Code of Virginia, relating to control of firearms.

Be it enacted by the General Assembly of Virginia:

1. That § 15.2-915 of the Code of Virginia is amended and reenacted as follows:

§ 15.2-915. Control of firearms.

From and after January 1, 1987, no locality shall adopt any ordinance, resolution or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, to govern governing the purchase, possession, transfer, ownership, carrying or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.

Nothing in this section shall affect the validity or invalidity of any ordinance, resolution or motion adopted prior to January 1, 1987. Nothing in this section shall prohibit a locality, acting in its capacity as an employer, from adopting workplace rules relating to terms and conditions of employment or the protection of the workforce. Nothing in this section shall prohibit a law-enforcement officer, as defined in § 9-169, from acting within the scope of his duties. Nothing in this section shall have any effect on any pending litigation. However, no person may be prosecuted or convicted of a violation of any ordinance regulating the transportation of a firearm if he is (i) in lawful possession of the firearm and he has a valid concealed handgun permit issued pursuant to § 18.2-308 or (ii) otherwise transporting the firearm in a lawful manner.