CITY OF CHARLOTTESVILLE, VIRGINIA
              CITY COUNCIL AGENDA



   Agenda Date:           July 20, 2020

   Action Required:       Ordinance Amendment

   Staff Contacts:        John Blair, City Attorney

   Presenters:            John Blair, City Attorney

   Title:                 Ordinance Prohibiting Firearms and Ammunition in
                          Public Spaces (1st of 2 readings)


Background:

In 2020, the Virginia General Assembly amended Virginia Code Section 15.2-915. This
amendment provides localities with the authority to enact prohibition on the possession, carrying,
or transportation of firearms, ammunition, or components or combinations in certain public
spaces.

Discussion:

The proposed ordinance prohibits the possession, carrying or transportation of firearms,
ammunition, or components or combinations thereof in City buildings, City parks, in City
recreational or community centers, and in any public street, road, alley, or sidewalk or public
right-of-way or space open to the public that is being used by or is adjacent to a permitted event
by the City or an event that would otherwise require a City permit.

The proposed ordinance permits the City to implement security measures designed to prevent the
unauthorized access of the aforementioned public places such as metal detectors.

The proposed ordinance includes several exemptions from its provisions including exceptions for
sworn law enforcement officers as well as the activities of Senior Reserve Officers’ Training
Corps program.

A violation of the ordinance is a Class 1 misdemeanor.

Attachments:
Proposed Ordinance
                                     AN ORDINANCE
                                  ADDING SECTION 33-10
                                TO CHAPTER 33 (WEAPONS)

       BE IT ORDAINED by the Council for the City of Charlottesville, Virginia, that:

Chapter 33 of the Code of the City of Charlottesville (1990) is amended as follows:

Sec. 33-10. – Prohibition of firearms on city property.

       (a.) The possession, carrying or transportation of firearms, ammunition, or components or
             combination thereof (1) in any buildings, or parts thereof, owned or used, by the city,
             or by any authority or local governmental entity created or controlled by the city, for
             governmental purposes; or (2) in parks owned or operated by the city, or by any
             authority or local governmental entity created or controlled by the city; or (c) in any
             recreational or community center facility operated by the city, or by any authority or
             local governmental entity created or controlled by the city; or (d) in any public street,
             road, alley, or sidewalk or public right-of-way or any other place of whatever nature
             that is open to the public and is being used by or is adjacent to a permitted event or
            event that would otherwise require a permit, is prohibited.

       (b.) The possession, carrying, storage or transportation of firearms by city employees,
            agents or volunteers in workplaces owned, operated or managed by the city is
            prohibited.

       (c.) Pursuant to this section, the city may implement security measures that are designed
            to reasonably prevent the unauthorized access of such buildings, parks, recreation or
            community center facilities, or public streets, roads, alleys, or sidewalks or public
            rights-of-way or any other place of whatever nature that is open to the public and is
            being used by or is adjacent to a permitted event or an event that would otherwise
            require a permit by a person with any firearms, ammunition, or components or
            combination thereof, such as the use of metal detectors and increased use of security
            personnel.

       (d.) This section shall not apply to (1) military personnel when acting within the scope of
            their official duties; or (2.) sworn law enforcement offices; or (3.) a Senior Reserve
            Officers' Training Corps program operated at a public or private institution of higher
            education in accordance with the provisions of 10 U.S.C. § 2101 et seq.; or (4.) any
            intercollegiate athletics program operated by a public or private institution of higher
            education and governed by the National Collegiate Athletic Association or any club
            sports team recognized by a public or private institution of higher education where
            the sport engaged in by such program or team involves the use of a firearm. Such
            activities shall follow strict guidelines developed by such institutions for these
            activities and shall be conducted under the supervision of staff officials of such
            institutions.
(e.) Notice of the restrictions imposed by this ordinance shall be posted (1) at all
     entrances of any building, or part thereof, owned or used by the city, or by any
     authority or local governmental entity created or controlled by the city, for
     governmental purposes; (2) at all entrances of any public park owned or operated by
     the city, or by any authority or local governmental entity created or controlled by the
     city; (3) at all entrances of any recreation or community center facilities operated by
     the city, or by any authority or local governmental entity created or controlled by the
     city; and (4) at all entrances or other appropriate places of ingress and egress to any
     public street, road, alley, or sidewalk or public right-of-way or any other place of
     whatever nature that is open to the public and is being used by or is adjacent to a
     permitted event or an event that would otherwise require a permit.

(f.) Any violation of section 33-10 is unlawful and shall be punished as a Class 1
     misdemeanor.