Background
Falls Church City Manager, Dan McKeever, according to
an article Thursday, September 9th in the Falls Church News-Press
said he has found a way to ban citizens from carrying guns in City buildings and at City events. He is apparently angry at the General
Assembly and wants to use the Federal Gun-Free School Zone (GFSZ) act
to ban guns carried by law-abiding citizens. He says that there is a
school near City Hall, the main library, and other government
facilities and thus the 1,000-foot perimeter around the school would
prevent someone from carry at those locations!
In a subsequent article in the Falls Church News-Press, Mr McKeever admits that he is feeling the pressure from gun-rights activists.
In the latest news, VCDL president Philip Van Cleave, backed up by members spoke at the Falls Church City Council Meeting and made the cover of the Falls Church News-Press.
The Proposed Regulation
EM Mike Stollenwerk requested a copy of the "Draft Regulation" from Falls
Church pursuant to the Virginia Freedom of Information Act (FOIA).
Falls Church responded by providing this document.
Problems With Their New Policy
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DISCLAIMER: The following is NOT legal advice, but a comprehensive analysis under hypothetical fact situations which VCDL will use to guide its legislative efforts or any potential legal challenge in the courts. Since each situation has its own unique facts which can change the conclusions represented by this analysis, and there is little case law in which to draw reliable conclusions for specific situations, individuals are cautioned against relying on the analysis without adequate legal counsel.
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- The Federal Gun Free School Zone Act ("GFSZA") has already been held as unconstitutional by the US Supreme Court (United States v. Lopez, 514 U.S. 549 (1995), which held that "The Act exceeds Congress' Commerce Clause authority). Congress subsequently revised the GFSZA without fixing the basic flaw. The revised statute is currently in effect awaited a judicial test.
- The GFSZA specifically exempts persons with carry permits from the act, so the new Falls Church policy is null and void for permit holders under all conditions. Here is the language from 18 U.S.C. § 922 (q)(2)(B)(ii) that exempts permit holders from the GFSZ act:
"if the individual possessing the firearm is licensed to do so by the
State in which the school zone is located or a political subdivision
of the State, and the law of the State or political subdivision
requires that, before an individual obtains such a license, the law
enforcement authorities of the State or political subdivision verify
that the individual is qualified under law to receive the license;"
- When CHP holders, who are statutorily exempt from the GFSZA, carry openly, they should be aware that the GFSZA forbids carrying guns in the school zone. There is an exemption to the act for permit holders, but exemptions must be proven by the person so exempted.
A police officer seeing someone carrying in the zone has a prima facie case and probable cause for arrest. He may approach and challenge you and unless you display your permit the officer may arrest you.
Therefore, anyone carrying within the 1,000 feet limits of a school as defined by the GFSZA should be advised to carry their CHP with them at all times and produce it upon demand.
What We Should Do Next
VCDL is currently talking with Falls Church officials and law enforcement about this ill-advised policy.
Please watch this page and VA-ALERTS for more information in the next few days.
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