Important Notice!!!
Updated May 8, 2007
Update on
As reported by VSSA in December, the Albemarle Board of
Supervisors was to hold a public hearing in March to consider changes to the
county’s existing law related to discharge of a firearm. To date, nothing has been scheduled on the
Board’s agenda. VSSA has been in touch
with a member of the Board and confirmed that the matter has not been dropped.
The Board member suggested that it is probably a matter of scheduling as they have
been very preoccupied with their budget. Please check back regularly for
any updates that may be posted. VSSA
will also contact members by email so if you are not already on the Grassroots
Alert email list, you can sign up by using the this link and put in the body
of the form that you wish to join the Grassroots Alert list.
Results of December 13, 2006,
Work Session on Firearm
Discharge in the County
The Board decided to hold a public hearing in March to consider changes to the county’s existing law, which prohibits gun use only in certain subdivisions.
The new ordinance would ban gunfire within 100
yards of any school, park or commercial district, said county attorney Larry
Davis. It would also likely take one of
three stances on gun use near rural residential neighborhoods.
One option is to make no changes. Gun use would
remain legal near rural homes, except for reckless use of them. Another proposal would allow rural
neighborhoods to create “safe zones” around their homes in which firing a gun
would be illegal,
During the December 13th meeting,
several board members said that they could be swayed by the March public
hearing. Some expressed the belief that
changes are unnecessary. The
Charlottesville Daily Progress reported that Supervisor Lindsay Dorrier said, “I think we’re setting up a solution in
search of a problem, and the problem doesn’t exist. Albemarle Sheriff Edgar S. Robb wrote in a
letter to the board that changes to the existing law would be redundant and
difficult to enforce.
“To change the law or make it more restrictive
than State law will simply increase the number of citizens treated as criminals
and increase the amount of time that law enforcers will be investigating
complaints that are very difficult to prove,” Robb wrote.
If you live in
EXECUTIVE SUMMARY
|
AGENDA TITLE: Work Session on Regulating the
Discharge of Firearms SUBJECT/PROPOSAL/REQUEST: Discussion of alternatives to
amend and update STAFF CONTACT(S): Tucker, Foley, Davis LEGAL REVIEW: Yes |
AGENDA DATE: December 13, 2006 ACTION: X INFORMATION:
CONSENT AGENDA: ACTION:
INFORMATION:
ATTACHMENTS: Yes REVIEWED BY: |
BACKGROUND:
Due to a recent shooting
incident in a rural subdivision and at the request of the Commonwealth’s
Attorney, the Board asked that staff review the existing County ordinances and
enabling authority to determine if additional appropriate restrictions could be
placed on shooting firearms in areas where it creates a danger to public safety
and to assure that the County Code was in compliance with enabling
legislation. A preliminary draft ordinance was reviewed by the Board at
its September 6th meeting and a revised draft was discussed at the
November 1st meeting. The Board asked that staff prepare alternative
approaches for the Board’s consideration and that this matter be placed on a
future agenda for further discussion.
STRATEGIC PLAN:
Goal: 1: Enhance
the Quality of Life for all Albemarle County Residents.
DISCUSSION:
Staff has prepared the
attached “Alternative Proposals to Regulate the Discharge of Firearms”. (See
Attachment A) It presents possible definitions, exceptions, and
regulatory options and six alternatives for the Board’s discussion. Each
alternative has a brief analysis of advantages and disadvantages.
If the Board reaches
consensus on an alternative approach, the
BUDGET IMPACT:
An ordinance adopted to
implement restrictions on discharging firearms will not have any significant
budget impact.
This information and the
attached “Alternative Proposals to Regulate the Discharge of Firearms” are
prepared for the Board’s further discussion. If the Board finds it
appropriate to regulate the discharge of firearms throughout the County except
in the RA District and in RA Subdivisions upon petition, staff recommends
Alternative 5. If the Board finds it appropriate to regulate the
discharge of firearms countywide, staff recommends Alternative 6.
ATTACHMENTS:
Attachment
A - “Alternative Proposals to Regulate the Discharge of Firearms”
Attachment
B - November 1, 2006 Executive Summary
Attachment
C - Virginia Code § 29.1-527
Attachment
D - Virginia Code § 29.1-529
Results of the November
1 Board of Supervisor’s Meeting
Public comment was not scheduled for the meeting, however, at the beginning of the meeting several
people spoke on both sides. Two
residents in favor of the proposed ordinance had prepared statements and talked
about shootings near schools and in backyards. There was also a resident who
asked that the Board to remember a woman who was killed by a stray bullet in
Albemarle County 9 years ago while sitting on her own property. Two pro-gun people spoke as well.
It was clear that some board members share reservations about imposing a 200 yd
county-wide ban on discharging a firearm. There was concern about the
effectiveness of such an ordinance as well as the ability to prove/prosecute.
The Commonwealth Attorney was not even sure if this would be effective. It should
be noted that he was the reason that the issue was even being discussed. He said that his original thought was the
make a minimum parcel limit of "2 acres or larger" the rule of thumb.
The possibility of letting rural subdivisions decide for themselves whether to
allow for the discharge of firearms or not was discussed as an alternative to
the Commonwealth Attorney’s proposal.
The Albemarle Chief of Police expressed that this could be just as
difficult to enforce.
Supervisor Dennis Rooker wanted the issue to move to
Public Comment at a future meeting, but it was decided that it should go back
again for more discussion. There was no disagreement among the Board that
shooting around public buildings and businesses should have restrictions (an
example of people firing guns into the air at Waffle House was brought up) but
that the issue of shooting around dwellings/private residences be further
discussed.
It is becoming a common occurrence in areas where rural localities are
experiencing growth and becoming more suburban, that
the issue of "quality of life" is being raised as a reason for more
restrictions. Such was also the case at the
Because the proposed ordinance will continue to be debated and will most likely
come before the public for comment, all gun owners who live in, or shoot at a
range located in
Albermarle Board to Meet on
November 1
The Albemarle County Board of
Supervisors will meet on November 1, 2006 at 9:00 AM. On the agenda at approximately 9:45 AM, the
proposed change to the County’s ordinances dealing with the firearms is
scheduled for discussion. The following
is the most recent information that has been provided to VSSA (the following
Executive Summary and explanation is text provided by
EXECUTIVE SUMMARY
|
AGENDA TITLE: Ordinance to amend
SUBJECT/PROPOSAL/REQUEST: Discussion of proposed ordinance
to amend and update
STAFF CONTACT(S): Tucker, Foley, Davis
LEGAL REVIEW: Yes |
AGENDA DATE: November 1, 2006
ACTION: X
INFORMATION
CONSENT AGENDA: ACTION:
INFORMATION:
ATTACHMENTS: Yes REVIEWED BY: |
BACKGROUND:
Due to a recent
shooting incident in a rural subdivision and at the request of the
Commonwealth’s Attorney, the Board asked that staff review the existing County
ordinances and enabling authority to determine if additional appropriate
restrictions could be placed on shooting firearms in areas where it creates a
danger to public safety and to assure that the County Code was in compliance
with enabling legislation. A preliminary draft ordinance was reviewed by
the Board at its September 6th meeting and the Board asked that this matter be
placed on a future agenda for further discussion and input from the
Commonwealth’s Attorney and the Chief of Police. A revised draft
ordinance has been prepared and is attached for purposes of discussion.
Virginia
Code §15.2-1209 enables counties to prohibit the outdoor shooting of firearms
or arrows from bows in areas of the county which are in the opinion of
the governing body so heavily populated as to make such conduct dangerous to
the inhabitants thereof. Pursuant to this authority
Virginia
Code §15.2-1209.1 enables counties to prohibit any person from carrying or
having in his possession a loaded firearm while on any part of a public highway
within the county. Pursuant to this authority
The
Virginia Code also enables counties to adopt ordinances regulating the
transporting of a loaded rifle or shotgun in a vehicle on public roads, hunting
within fifty feet of any primary or secondary highway and shooting in or across
any road or within the right of way.
STRATEGIC PLAN:
Goal:
1: Enhance the Quality of Life for all Albemarle County Residents.
DISCUSSION:
Virginia
Code § 15.2-1209 enables the governing body to determine which areas of a
county are so heavily populated so as to make shooting of firearms or arrows
dangerous to the inhabitants thereof. Pursuant to this authority
localities such as
The
attached draft ordinance to amend County Code §10-107continues the existing
restriction on discharging firearms within residential zoned subdivisions but
in addition restricts discharging a firearm anywhere in the County within 200
yards of a dwelling of another, a business establishment, a public building, a
public gathering, or a public meeting place. This restriction would
address shooting in close proximity to dwellings of others located in the RA
district and address the discharging of firearms in other non-residential
districts. Currently there is no ordinance prohibiting the discharge of
firearms in commercial districts in the County. The proposed ordinance
would also amend the definition of residential district to include the
Neighborhood Model District. In addition, the ordinance includes an
exception, now required by state law, to permit shooting deer on five acre lots
zoned for agricultural use when the shooting is authorized by the Department of
Game and Inland Fisheries. The proposed ordinance does not address the
shooting of arrows.
The
attached revised draft ordinance differs somewhat from the draft ordinance
previously reviewed by the Board on September 6th. The attached ordinance
allows for a discharge of a weapon within 200 yards of a dwelling with prior
written permission of the owner or occupant of the dwelling. It also sets
forth an additional seven circumstances where discharging a firearm is
permitted. The total of nine circumstances where discharging a firearm is
permitted is set forth in Subsection C of Section 10-107.
As a
housekeeping measure, the proposed ordinance also amends County Code §10-109 to
include the exception to the prohibition of carrying a loaded firearm on a
public highway if the person carrying the firearm is authorized to hunt on the
private property on both sides of the highway along which he is standing or
walking. The exception is required by the state enabling authority.
BUDGET IMPACT:
This
ordinance does not have any anticipated budget impact.
RECOMMENDATIONS:
This
information and draft ordinance is prepared for the Board’s further discussion.
*End
Text Provided by
Read the Proposed Changes
to the County Code
Virginia
Code §§ 15.2-1209 and 15.2-1209.1
Why is
Albemarle County Commonwealth
Attorney Jim Camblos has proposed a change to the County's ordinances dealing
with the discharge of firearms and your action is needed to insure this
proposal is defeated. Camblos’ proposal is in response to an incident where a
citizen shot a neighbor’s cat.
Specifically, Camblos wants to expand the areas in the
county where one cannot shoot a firearm.
In short, individuals will not be able to discharge a firearm within
**200 yards** of the dwelling of another, a business establishment, public
building, public gathering, or a public meeting place! This could also affect
shooting ranges in the county. VSSA has
made the protection of shooting ranges a priority.
As stated above, the Board of
Supervisors
deferred discussion of the proposal to ban discharge of a firearm within 200
yards of a dwelling at their September 6 meeting until later in September or
October. It was later pushed into
November. According to the
Charlottesville Daily Progress (click here
to read the article) Supervisor Sally Thomas said she is not keen on the
suggestion from
The Board asked that the Commonwealth’s Attorney and the
police chief appear before the Board to explain why they need changes to the
county ordinance related to discharge of a firearm. After hearing their explanation, if a
majority of the Board believes that the changes are necessary, a public hearing
will be scheduled to hear from the public before a vote is taken. It should be noted that vice chairman of the
Board, and the supervisor that represents the part of the county where RRPC is
located, Kenneth C. Boyd, is on record in an email to an
Now is the time to let the Board of Supervisors know that
you do not support the proposed change.
If you live in Albemarle, are a member of a gun club located in
Albemarle, or shoot competitively at a club in Albemarle, VSSA urges you to contact the appropriate County Supervisor and let him or
her know that you do not want the current ordinance controlling firearms
discharge changed (ordinance 10-107). Let the Supervisor know there are already
laws to punish those who endanger the lives of others. Also point out that the recent case was an
isolated incident and that the current ordinance has been working fine. Also, be
sure to let them know you are a VSSA member and if you shoot competitively
in the county be sure to let them know that as well.
The contact information for the Albemarle Board of
Supervisors is:
If
you wish to contact the Albemarle County Board of Supervisors, you may use
the following group email: bos@albemarle.org.
Otherwise click on each Board Member's name [above] to contact them
individually.
The Board of Supervisors’ web page is:
http://www.albemarle.org/department.asp?department=bos&relpage=1944
You can also sign up for email
notice of the Board of Supervisors meetings and agendas at:
http://www.albemarle.org/department.asp?department=ctyexec&relpage=3833
When you enter your email address, you will receive a verification
screen and can select the specific email notices you would like to
receive. You can opt to only receive the
Board of Supervisors notice.
VSSA also encourages you to watch the Board of Supervisors and Board of Zoning
Appeals calendar
and plan to attend any meeting related to this issue to let your voices be
heard in opposition to this proposed ordinance.
As we get more information about a meeting we will post this on the web
page.