Explore The NRA Universe Of Websites

APPEARS IN News

Virginia Attorney General Finds More Roving Gun-Free Zones

Monday, September 20, 2021

Virginia Attorney General Finds More Roving Gun-Free Zones

The Virginia state government’s attacks on law-abiding gun owners continue apace. On September 1, Attorney General Mark R. Herring (D) used his position to offer an expansive interpretation of statute that will create a confusing patchwork of gun-free zones throughout the Commonwealth. Herring’s actions are an important reminder that gun rights supporters need to be cognizant not only of the plain reading of proposed statutes, but also how their language might be perverted by anti-gun political officials.

Earlier this year, the Virginia General Assembly passed and Governor Ralph Northam (D) signed HB 2081. The legislation altered VA Code Ann. § 24.2-604 to make it a crime “to knowingly possess any firearm… within 40 feet of any building, or part thereof, used as a polling place.” Violating this provision is a Class 1 misdemeanor punishable by up to a year imprisonment, up to a $2,500 fine, or both.

A reasonable person might read the new § 24.2-604 and take care not to exercise their Right-to-Carry while voting or near the local voting precincts on election day. However, by Herring’s lights, the new prohibition is far broader in both space and time.

The attorney general was asked the following by an Albemarle County election official. (Albemarle is the county surrounding the city of Charlottesville, which is home to the University of Virginia.)

[D]uring ‘early voting,’ prior to the date of a general, special, or primary election, are central absentee voter precincts, voter satellite offices, and offices of general registrars ‘polling places,’ and thus subject to the firearm prohibition?

Never one to pass up an opportunity to curtail the rights of law-abiding gun owners, Herring responded,

It is my opinion that firearms are prohibited at central absentee voter precincts, voter satellite offices, and offices of general registrars where they are the designated locations for early voting in the locality, in the same way that firearms are prohibited at polling places when the polls are open on Election Day.

Moreover, Herring made clear that the prohibition “applies to the 40-foot boundary around the portion of the building being used as a polling place, including any entrances and exits,” but not necessarily the entire building.

Early voting in Virginia starts 45 days prior to election day. Early and absentee voting locations are often peppered throughout a jurisdiction and can change from election to election. As Virginia has off-off-year state elections, the Commonwealth’s law-abiding gun owners will be forced to navigate around a confusing patchwork of shifting gun-free zones for at least a month-and-a-half every year starting in mid-September.

Contrary to Herring’s view, the language of § 24.2-604 contemplates its prohibited activities applying to an “election day.” Consider subsection (E), which states, “This section shall not be construed to prohibit a candidate from entering any polling place on the day of the election to vote, or to visit a polling place for no longer than 10 minutes per polling place per election day…”

As with so much government regulation, HB 2081 and the expansive attorney general’s opinion are completely unnecessary to protect Virginia voters.

VA Code Ann. § 24.2-607 already makes it “unlawful for any person to hinder, intimidate, or interfere with any qualified voter so as to prevent the voter from casting a secret ballot.” A violation of this statute is punishable in the same manner as the new firearm prohibition – as a Class 1 misdemeanor. If a criminal were to commit politically-motivated violence at a polling place they could also potentially face charges under Virginia’s terrorism statute (VA Code Ann. § 18.2-46.5) in addition to the underlying offense.

Further, the legislation and Herring’s creative interpretation weren’t even necessary for the hoplophobic portions of the Commonwealth to restrict firearms in early voting locations. Enacted in 2020, HB421/SB35 weakened Virginia’s longstanding state firearms preemption law to grant localities the power to create gun free zones “in any building, or part thereof, owned or used by such locality, or by any authority or local governmental entity created or controlled by the locality, for governmental purposes.”

Given the pre-2021 statutes that could be brought to bear on this matter, it’s clear these new restrictions aren’t about public safety. These measures are about politicians indulging their ugly political and cultural prejudices by further discouraging law-abiding gun owners from exercising their Right-to-Carry in the Commonwealth.

IN THIS ARTICLE
Gun Free Zones
TRENDING NOW
Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

News  

Friday, December 13, 2024

Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

Last week, the anti-gun attorneys general of Minnesota and New Jersey filed nearly simultaneous lawsuits against firearm maker Glock, essentially claiming the company was violating the laws of those states by making guns that are too easy to illegally ...

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

News  

Monday, December 16, 2024

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

The Crime Prevention Research Center (CPRC) has released the latest in its series of annual reports on trends in concealed carry permits in America.

Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

Wednesday, December 18, 2024

Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

With only a few days left in the session, anti-gun legislators are doing everything they can to pass additional legislation restricting the Second Amendment rights of Michigan citizens. The legislation below could be taken up ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

Friday, December 20, 2024

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

With the sun setting on the 2023-2024 legislative session, yesterday the Michigan Senate held a marathon session lasting over 24 hours. While citizens were sleeping, anti-gun lawmakers were able to pass two pieces of legislation, ...

Maine: Prepare for Progressives to Attack Your Hunting Rights

Wednesday, December 18, 2024

Maine: Prepare for Progressives to Attack Your Hunting Rights

While 2024 may be winding down now, the 2025 legislative session is about to heat up, and radical anti-gun progressive politicians are already planning new ways to strip you of your fundamental rights.  

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

News  

Monday, December 16, 2024

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

Predictably, gun control activists are citing the cold-blooded Manhattan murder of health insurance executive Brian Thompson to call for more gun control, particularly in the hot-button areas of “ghost guns” and “3D printed firearms.” 

NYC Subway More Dangerous Than the Gridiron?

News  

Monday, December 16, 2024

NYC Subway More Dangerous Than the Gridiron?

Violent crime in New York City has been a growing concern over the last few years.  

Michigan: Take Action Against Anti-Gun Legislation TODAY!

Friday, December 13, 2024

Michigan: Take Action Against Anti-Gun Legislation TODAY!

With lame duck session in full swing, Michigan Democrats are doing everything they can to pass additional anti-gun legislation. Last night, the Senate passed, among other things, legislation that would restrict home-built firearms and ban ...

Canada Announces New Gun Bans, More Gun Control on the Horizon

News  

Monday, December 9, 2024

Canada Announces New Gun Bans, More Gun Control on the Horizon

On December 5, at a late afternoon press conference in Ottawa, Canada’s federal Public Safety Minister Dominic LeBlanc announced that 324 additional makes and variants of rifles would be added to the 2020 list of ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.