COUNTY OF ALBEMARLE

 

EXECUTIVE SUMMARY

 

 

AGENDA TITLE:

Amendment of County Code Section 11-109 to Delete Prohibition on Carrying Firearms in County Park Facilities

 

SUBJECT/PROPOSAL/REQUEST:

Adoption of ordinance to amend section 11-109 of the County Code to delete the prohibition against the carrying of firearms in County park facilities.

 

STAFF CONTACT(S):

Tucker, Davis, Foley and Mullaney

 

LEGAL REVIEW:   Yes

 

AGENDA DATE:

July 7, 2004

 

ACTION:     X                   INFORMATION:   

 

CONSENT AGENDA:

  ACTION:                        INFORMATION:   

 

 

ATTACHMENTS:   Yes

 

 

REVIEWED BY:

 

 

 

BACKGROUND:

The General Assembly passed legislation during the 2004 session (HB 530) that removes the grandfather clause set forth in Va. Code § 15.2-915 that allowed localities to enforce ordinances governing firearms that were passed before January 1, 1987, and affirmatively declares that any local ordinances adopted prior to January 1, 1987, are invalid.  Current County Code section 11-109 prohibits the possession or carrying of firearms and similar weapons in County parks, and was enforceable under the grandfather clause.  This change is necessary because the bill invalidated this authority effective July 1, 2004.

 

 

STRATEGIC PLAN:

4.  Serve the Public Efficiently and Effectively.

 

 

DISCUSSION:

Under the legislation, localities are not permitted to adopt or enforce any ordinance governing the purchase, possession, transfer, ownership, carrying or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute.  Therefore, the current prohibition in the County Code against “carrying” or possession of firearms, etc. in County parks is no longer valid as of July 1, 2004.  However, the prohibition against discharge of firearms and similar weapons in County parks remains valid and is unaffected by the legislation.

 

 

RECOMMENDATIONS:

Staff recommends the Board adopt the proposed ordinance.

 

 View draft ordinance

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