Assembly
OKs bill barring gun bans
By Daniel F.
Drummond
THE WASHINGTON
TIMES
RICHMOND — The Virginia General
Assembly yesterday passed legislation that would bar localities from
banning guns in public facilities, a measure aimed at a 1995 Alexandria,
Va., regulation.
The bill now goes to Gov. Mark R. Warner,
who declined to answer questions about his position on the measure
during a bill-signing ceremony yesterday, saying it would be
"inappropriate" for him to comment before he has had a chance
to review it.
The Senate approved the bill 26-13, with
one senator not voting; the House passed it 68-26, with six delegates
not voting.
Supporters of the bill say it is needed to
protect the rights of law-abiding citizens, particularly those with
concealed-weapons permits, from local governments.
"The public does have a
constitutional right to keep and bear arms," Sen. Emmet W. Hanger
Jr., the bill's sponsor, said on the Senate floor. "Our primary
concern is with those who do not obey the law."
Mr. Hanger said the state needs uniform
gun laws, and the Alexandria regulation could have been the first of
many in a patchwork of restrictions.
If it becomes law, the bill would prohibit
localities, such as Alexandria, from banning guns in public places. City
managers and local elected bodies would not be able to impose a ban
through written regulations or ordinances.
The measure will be a delicate one for Mr.
Warner, who risks upsetting the gun rights voters he courted during the
campaign and angering fellow Democrats.
Ed Matricardi, executive director of the
Virginia Republican Party, said Mr. Warner would suffer "a
political backlash" from gun rights advocates if he vetoes the
measure.
"It's gut-check time, and we are
going to find out who the real Mark Warner is real fast," Mr.
Matricardi said.
During the governor's race last year, Mr.
Warner actively sought the support of gun-rights groups. In a meeting
with National Rifle Association leaders, he said he would not would not
sign any new gun restrictions, except for prohibiting guns in recreation
centers. The NRA did not endorse either Mr. Warner or his Republican
opponent, Mark L. Earley, which helped Mr. Warner claim victory.
Sen. Patricia S. Ticer, an Alexandria
Democrat and strong supporter of the governor, said Mr. Warner could see
retribution from within his own party, especially from Northern Virginia
lawmakers, if he signs the bill.
"I don't think he should sign
it," Mrs. Ticer said.
She said the bill gives the state too much
power to tell localities how to conduct their business.
"They should have the right to make
their own rules and regulations," she said, noting that the
Alexandria ban was not an ordinance but a regulation passed down from
the city manager.
The bill clarifies a 1987 law that says
local governments cannot ban or limit guns being carried into private
businesses or homes.
Fairfax County had an ordinance that
banned bringing guns into its facilities. In May 1997, Attorney General
James S. Gilmore III found that Fairfax had the power to limit who can
bring guns onto county-owned property.
"Fairfax County may, either by
ordinance or administrative regulation, prohibit a person from
possessing a dangerous weapon, other than a firearm or a gun, in a local
facility or police station," Mr. Gilmore wrote in his opinion. That
ordinance was struck down in December 1997 as a violation of state law.
Another Alexandria Democrat, Delegate
Brian J. Moran, said he doesn't want to see the bill become law.
"I would hope that [Mr. Warner]
reviews this skeptically and with a veto in mind," Mr. Moran said.
Mr. Hanger, Augusta Republican, said Mr.
Warner could face some political heat if he decides to veto the bill.
"There will be a certain constituency
within the state that will be upset," Mr. Hanger said. "It's a
litmus-test kind of thing."
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