2021-03ORDINANCE NO.2021-03
AN ORDINANCE AMENDING CHAPTER 54 (OFFENSES AND MISCELLANEOUS
PROVISIONS), ARTICLE I (GENERAL), OF THE CODE OF THE CITY OF
FAIRFAX, VIRGINIA, TO ADD THERETO A NEW SECTION 544, PERTAINING TO
A PROHIBITION ON THE POSSESSION, CARRYING, OR TRANSPORTATION OF
FIREARMS, AMMUNITION, OR COMPONENTS OR COMBINATION THEREOF, IN
CITY BUILDINGS OR FACILITIES, IN PUBLIC PARKS AND IN ANY
RECREATION OR COMMUNITY CENTER FACILITY.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 54,
Article I, of the Code of the City of Fairfax, Virginia, be and the same is amended to add thereto
a new Section 54-4, pertaining to a prohibition on the possession, carrying, or transportation of
firearms, ammunition, or components or combination thereof, in City buildings or facilities, in
public parks and in any recreation or community center facility, to read in its entirety as follows:
"Sec. 54-4. — Possession of firearms in city buildings or facilities, in public parks and in any
recreation or community center facility; penalty.
(a) For purposes of this section, "firearm" means any handgun, shotgun, or rifle that will or
is designed to or may readily be converted to expel single or multiple projectiles by
action of an explosion of a combustible material. "Ammunition" means a cartridge,
pellet, ball, missile or projectile adapted for use in a firearm.
(b) The possession, carrying or transportation of any firearms, ammunition, or components or
combination thereof is prohibited in the following areas:
(1) In 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) In any public park owned or operated by the city, or by any authority or local
governmental entity created or controlled by the city.
(3) In any recreation or community center facility operated by the city or by any
authority or local governmental entity created or controlled by the city.
For buildings that are not owned by the city or an authority or local governmental
authority created or controlled by the city, the above prohibitions shall apply only to the
part of the building that is being used primarily for a governmental purpose and/or when
the building or part thereof is being used primarily for a governmental purpose.
(c) To implement this section, the city manager or his designee may provide for security
measures (including, but not limited to, the use of metal detectors and security
personnel), designed to reasonably prevent the unauthorized access to such buildings,
parks, recreation or community center facilities by a person with any firearm,
ammunition, or component or combination thereof.
(d) This section shall not apply to:
(1) The activities of (i) 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.
(2) 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.
(3) Military personnel when acting within the scope of their official duties.
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(4) Sworn law enforcement officers and personnel or retired law enforcement officers to
the extent exempted by the Law Enforcement Officer's Safety Act (LEOSA).
(5) Private security personnel hired by the city, when any of them are present in any
building or facility or public property subject to this section, while in the
performance of their duties.
(6) Transportation of firearms, ammunition, components or combinations thereof in a
vehicle when such firearms are secured out of sight in the vehicle that is being driven
on a public street, road, alley, city parking lot or public right-of-way that is open for
usual transportation purposes.
(7) Firearms, ammunition, components or combinations thereof that are secured out of
sight in a Iocked vehicle that is parked on public property by persons conducting
business with the city or authority or local governmental entity, for the reasonable
duration of that business.
(8) The activities of educational programs and events, including static displays and
historical re-enactments, conducted or permitted by the city, when such educational
programs and events involve the use or display of firearms that are not loaded with
projectiles, and the activities of color guards while engaged in the performance of
their duties, provided that any firearms used by such color guards are unloaded or
loaded with blanks.
(e) Notice of the restrictions imposed by this section 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; and
(3) At all entrances of any recreation or community center facility operated by the city
or by any authority or local governmental entity created or controlled by the city.
Any person violating this section shall be guilty of a Class 4 misdemeanor."
This Ordinance shall become effective as provided by law.
INTRODUCED: January 26, 2020
PUBLIC HEARING: February 9, 2021
ENACTED: February 9, 2021
Mayor
2 1,7
Date
VOTE:
Mayor Meyer
Aye
Councilmember Harmon
Aye
Councilmember Lim
Aye
Councilmember Miller
Aye
Councilmember Ross
Aye
Councilmember Stehle
Aye
Councilmember Yi
Naye