Park Gun Ban Divides Supervisors

Self-Defense Issue Delays Measure

By Kafia A. Hosh

Wednesday, June 24, 2009

A measure to lift Loudoun County's ban on carrying firearms in county parks and community centers had been seen as a simple housekeeping amendment.

Assistant County Administrator John Sandy called the proposed amendment a "technical cleanup," saying that a 2004 state law does not allow such restrictions by local governments. "We cannot restrict folks from carrying weapons within parks. It can't be enforced," he said.

But county supervisors sent the measure back to a committee last week after they could not agree on whether visitors to parks and community centers should be given an explicit right to fire a gun in self-defense.

Loudoun's ban on discharging a firearm in such facilities is not affected by the state law and can be enforced, county officials said. But it is part of the same county ordinance as the ban on carrying guns, and that prompted supervisors to wade into the self-defense issue.

Supervisor Eugene A. Delgaudio (R-Sterling) proposed adding language that would permit the discharge of a firearm by someone acting in self-defense or in the defense of others.

"We would like it to be clear that we don't mind people defending themselves and we don't mind them defending others in our county parks," he said during the June 16 Board of Supervisors meeting.

Several other supervisors disagreed with Delgaudio, saying that such a clause was unnecessary. They said a person who fired a gun in lawful self-defense at a park or community center would not be prosecuted for violating the local ordinance that mentions those facilities.

"If there was no violation of law, there is no problem for the individual," Board Chairman Scott K. York (I) said in an interview this week.

County Attorney Jack Roberts said it would be up to the commonwealth's attorney and the sheriff to determine whether such a case should be prosecuted under the ordinance against discharging a weapon at a park or community center. But, Roberts added, "I just can't imagine" that someone would be charged if he or she had otherwise had acted lawfully.

But some of the other supervisors said Delgaudio's proposed self-defense clause would be a useful clarification.

"I'm more comfortable with the language in there . . . to ensure that those protections are there so that we're all clear, and that the public is clear and that the prosecutors are clear," said Supervisor Lori L. Waters (R-Broad Run).

Violating the county ordinance is a Class 1 misdemeanor that carries a fine, prison time or both.

Supervisors voted to send the issue back to the board's Public Safety and Human Services Committee. Sandy said the committee will be briefed by the commonwealth's attorney about the effects of adding the self-defense clause. Sandy said the board will vote on the amendment at one of its meetings in July.

The state had previously barred counties from restricting the carrying of guns unless the restriction was enacted before 1987, an exception that allowed Loudoun to keep enforcing its ban. But the Virginia General Assembly removed the grandfathering clause in 2004.

Tagged: Board of Supervisors, gun control, Leesburg Parks and Recreation, parks

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