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VIRGINIA GAZETTE

 

 

 

 

WILLIAMSBURG, VIRGINIA

Bad call on concealed weapons

 

 

 

October 12, 2002

 

 

 

 

 

 

 

At the end of September, our allegedly Democratic governor, Mark Warner, caved in to the NRA and other gun lobbies and supported a ruling by Attorney General Jerry Kilgore that would allow gun owners with permits to carry concealed weapons in the state’s 34 publicly owned parks. This ruling effectively nullified a ban on such shenanigans issued by the Department of Conservation and Recreation and further enhanced Virginia’s reputation as a state where packing heat is de rigueur.

 

According to Kilgore, no state agency has the legal authority to issue such regulations, which lie solely in the purview of the General Assembly.

 

Though understandably overjoyed at the decision, the Virginia Citizens Defense League, an oxymoronically named gun lobby, reportedly is not willing to let the matter drop there. According to an article in the September 26 issue of the Daily Press, the League will now target local ordinances that prohibit carrying firearms in municipal parks, playgrounds and recreation centers.

 

The city of Hampton has evidently already acceded to the League’s wishes, and Isle of Wight, which prohibits guns on the grounds of public schools or in public parks, is probably next on the hit list.

 

The hurdle faced by localities that wish to protect their citizens from gun violence in playgrounds, recreation centers or anywhere else is the antiquated Dillon Rule. Unlike other states, which give their municipalities great leeway in issuing local firearm ordinances, Virginia either requires that such laws be approved by the General Assembly, or forbids them outright.

 

Hence, though James City might like to prohibit the toting of guns in Mid or Upper County Park, on its soccer fields, or at the Community Center, it cannot do so. Indeed, according to James City’s Deputy County Attorney, Leo Rogers, the county can mimic state law in this regard, but it does not have the authority to pass ordinances which differ from it.

 

Indeed, this past July the General Assembly added to the code just such a prohibition (15.2-915). Under this law, no locality may adopt any ordinance governing the purchase of possession of firearms. And no person may be prosecuted or convicted of a violation of any ordinance regulating the transporting of a firearm, if he is in lawful possession of a firearm and has a concealed handgun permit. Only ordinances passed prior to 1987, when such laws were allowed in localities, are exempt from this latest attempt to extend gun privileges in the state.

 

As a result, the only regulation that James City or Williamsburg might pass in this regard is to prohibit its employees from bringing firearms to work. Hence, while the locker room at the rec center or the sidelines at the soccer field might be filled with pistol packers, those in authority at these places would be completely at the mercy of their clientele.  And what sense does that make?

 

In fact, the only sites that are completely out of bounds to those who carry guns, knives, or any other weapons are the public schools. And it is only with regard to public school property that municipalities may pass ordinances forbidding the transport of guns, concealed or not.

 

Presumably our facile General Assembly has bitten the bullet and come to the conclusion  that the protection of children and young people ranks a notch above the all- encompassing right to bear arms in Virginia. So they will deign to keep guns and knives out of the classroom. Yet this is legislative minimalism at its worst.

 

According to Ned Cheely, director of  the Williamsburg/James City Parks and Recreation Department, 600-700 of these same children who attend our protected public schools take part in the summer camp program offered by his department. And they spend most of their time in county parks, playgrounds and at the Community Center pool. Even more participate in the after school program run by Parks and Recreation, and again use the same facilities. 

 

Yet, thanks to the General Assembly’s bizarre gun law philosophy, our children, once they leave the schoolroom, evidently have no more right to protection from guns than the rest of us. And this despite the fact that they’re participating in highly popular programs run by the very governmental entity that operates and protects the schools.

 

This, I submit, is convoluted, contradictory and dangerous logic, if it is logic at all. Yet it is a logic that we all have blithely accepted as law, and it is the same logic to which the Citizens Defense League will appeal when it takes aim at our municipal parks, playgrounds, and recreation centers.

 

When will we awaken to the fact that guns do not belong around children and young people, whether they be in the classroom or involved in recreational activities? Will there ever be a straw that breaks the camel’s back in this constant deferral to the gun lobbies in Virginia?  Probably not. Yet events of the past few weeks should be a strong warning to us all of the of the dangers that are abroad while we slumber.   

 

 

 

 

 

 

 

 

 

 

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