Fairfax City is considering expanding the ban on firearms in public places

Fairfax City Council, four years after a vote to prohibit firearms from public property and to ban them in the city, is now considering whether or not to extend these restrictions.

Fairfax city leaders discussed the ordinance 2021 at a meeting held on Tuesday, June 24. Further discussion was planned for a meeting scheduled on Saturday, July 22.

The ordinance prohibits firearms or ammunition from being carried or transported in public buildings, facilities or events.

Virginia follows the Dillon Rule, which limits what localities are allowed to regulate. In 2020, the General Assembly changed the state code to allow localities to ban firearms from buildings, parks and recreation centers.

Fairfax City, Fairfax County and Arlington, Arlington, Falls Church, and Alexandria have all passed firearms bans.

In a Staff Report it was noted that the City of Fairfax initially chose not to ban firearms in certain areas where restrictions were permitted by the state code.

• On public streets, public roads, public alleys, public sidewalks, or public rights of way adjacent to an event permitted by the city or one that would require city permits
• The park authority owns and operates parks

Fairfax City staff stated that the ordinance did not address a ban on guns at events due to the signage requirements.

Staff told the council on Tuesday that the city council had requested to revisit the ordinance in the future after it was passed.

Fairfax City Police have not issued a single citation or filed any charges since the ordinance was passed. Staff noted that this doesn’t mean there hasn’t ever been a violation, as police are encouraged by the ordinance to ask the person carrying the firearm to leave first before issuing any citations.

The City Council seemed to be in general support of the ordinance, and was open to expanding it within the limits of the state law.

Billy Bates, a councilmember, said: “These places are not appropriate for non law enforcement officers to have guns.” If we included events, [police] would be able to respond before anything happens.

Bates stated that his priority was to extend the prohibitions of firearms to city-permitted activities. He also suggested the offense, currently a misdemeanor Class 4, should be upgraded into a Class 1 crime.

The council voted to bring the topic up again at its meeting on July 22, but some members expressed concerns about any changes being made over the summer when many families are gone.

Thomas Peterson, a councilmember, said that the presence of the police chief would be beneficial when the discussion is brought back to the table, so that the police chief can discuss the enforcement and impact of the law. Capt. Natalie Hinesley, the acting chief of police in the city, has been serving since January 3rd, when former chief Erin Schaible retired.