Following is the text of the relevant part of the Draft Legislative Proposal of Fairfax County

Initiate legislation to allow Fairfax County to adopt an ordinance prohibiting the possession of dangerous weapons in or on any facility or property owned or leased by the County. Violation of such an ordinance would be punishable as a misdemeanor. (Reaffirms/updates previous position.)

Va. Code § 15.2-915 generally prohibits localities from regulating the possession or carrying of firearms, and the Fairfax County Circuit Court has ruled that this statute does not permit Fairfax County to prohibit persons from bringing firearms into buildings that are owned or used by the County government. However, private property owners in Virginia generally are able to decide whether or not to permit dangerous weapons on their own property; private property owners can even prohibit the carrying of a concealed handgun even when the individual has a concealed handgun permit.

Local governments should have the same authority as any other property owner to decide whether or not dangerous weapons, including firearms, are appropriate in their facilities. Elected local governing bodies should have the authority to make that decision as a matter of public policy.

Localities operate numerous facilities and a wide range of programs that serve both the public at-large as well as large numbers of special groups, such as those who interact with the criminal justice and human services systems. The latter often serves vulnerable individuals who may be dependent on governmental decisions or policies for their most basic needs, such as shelter, food, mental and physical care, and personal safety issues. Many of these individuals are physically present in local public buildings during an extremely stressful time of their lives. Denial of requests, such as eligibility for specific programs or treatment options, can be devastating to people who have turned to government as their last resort. Administrative decisions which occur in local government facilities can be every bit as traumatic to an individual, for example, as are court decisions which occur in courthouse facilities where weapons currently are banned.

Virginia law already prohibits firearms and other dangerous weapons in other areas. For example, it generally is illegal to carry a firearm into a place of worship (Va. Code § 18.2-283), into a courthouse (Va. Code § 18.2-283.1), or onto the property of a public or private school (Va. Code § 18.2-308.1). Local governing bodies should have the option to adopt a similar prohibition on its administrative offices, board meeting rooms, mental health facilities, police stations, tax offices, welfare facilities and other properties.

The Board of Supervisors has previously initiated legislation to allow Fairfax County to adopt an ordinance prohibiting the possession of dangerous weapons in or upon certain or any facility or property owned or leased by the County:

· In 1996 House Bill No. 116 and Senate Bill No. 140 were introduced by the County and were amended to include the City of Alexandria and Prince William and Arlington Counties. These bills would have allowed the County to prohibit the possession of dangerous weapons in County facilities.
· In 1997 the Board initiated legislation (House Bill No. 1946 and Senate Bill No. 763) which would have allowed the County to ban dangerous weapons in teen centers.
· In 1998 the County again initiated similar legislation to allow banning of dangerous weapons in teen centers (Senate Bill No. 130).
· In 2000 the Board initiated legislation similar to that in 1996 (House Bill No. 148 and Senate Bill No. 425) which would have allowed the County to ban dangerous weapons in county-owned or operated facilities.
· In 2001 the Board initiated legislation (Senate Bill No. 934) which would have allowed the County to ban dangerous weapons in county-owned or operated facilities. A substitute for Senate Bill No. 934 narrowed the scope of the original bill, but still would have allowed Fairfax County to prohibit dangerous weapons in recreation centers and police stations.

The above bills and similar authorizing bills initiated by individual Fairfax County legislators to prohibit dangerous weapons in County buildings and/or teen centers (introduced during the 1996, 1998, 1999, 2000 and 2001 Sessions) were killed in committee. Only Senate Bill No. 763 (1997 GA) passed the General Assembly, however, the bill was vetoed by Governor Allen.

Other dangerous weapons legislation introduced during the 2001 General Assembly Session was intended to negate the County's efforts. House Bill No. 1969, would have prohibited (after January 1, 1987) localities, or agents of localities, from adopting any ordinance, resolution, or motion or from taking any administrative action governing the purchase, possession, transfer, ownership, carrying, or transporting of firearms or ammunition, or components or combination thereof, other than those expressly authorized by statute. The bill also stated that a statute that does not refer to firearms or ammunition could not be construed to provide express authorization for localities to regulate firearms.

Although strongly opposed by local jurisdictions, an amended version of the bill suggested by a conference committee was approved by both the House and Senate. Ultimately the bill was killed when successfully challenged on procedural grounds on the House floor during the final hours of the last day of the session. Proponents may reintroduce the bill during the 2002 Session.

Finally, House Bill No. 2658 as introduced in the 2001 Session would have removed the current prohibition on taking a concealed handgun into a restaurant that serves alcohol. The bill was amended in committee to add a misdemeanor penalty for anyone carrying a concealed weapon while under the influence of alcohol. After a number of amendments and vigorous debate, the bill was ultimately defeated on the House floor. Proponents are expected to reintroduce the bill during the 2002 Session. (Fairfax County Attorney's Office, via electronic mail, November 15, 2001)