New Air Rifle Law Topic of Blacksburg Town Council Elections

It seems some people still have their knickers in a wad over the new air rifle law that took effect July 1 of this year.  The Virginia Tech student newspaper published this Q & A with most of the Town Council Candidates running in this year's election and the new law was one of the questions posed.  Two of the candidates said they would like the new law repealed.

Paul Lancaster:
I think it should be repealed. I think it should be up to the locality. That’s one thing the General Assembly likes to do, to pass a law that may be great for one locality but they think it will apply to everybody. To a person, when the current council voted on that, the town attorney made changes in the town code to accommodate that. They all voted ‘aye’ because they had to, it’s state law, but they all complained that they didn’t want to do it. This is not a town that needs a pellet gun being run around. I can see someone driving around town late at night shooting up windows. It just doesn’t make any sense to me to have it in Blacksburg.

John Bush:
Right now, I would have to say that it should be repealed and left to the localities. It’s interesting to me that we have basically a Republican-led General Assembly — that’s the same party that talks about local rules and local government and states being able to say what they need and what works best for them when they talk about the federal government. But we’re a Dillon Rule state, and what the Dillon Rule essentially means is that localities cannot pass their own laws if it isn’t something the General Assembly has already allowed to happen. When they passed the law that says pneumatic guns can be used in town limits, we didn’t have a choice. We had to pass it. Personally, for this town, I don’t think it’s a good idea.

None of the candidates however were happy with the law, nor were they happy with the Dillon Rule, which governs what localities can and can't do.

I would remind Mr. Bush and Mr. Lancaster that there have been no report of air rifles causing harm to neighbors or their property since the law took effect.

Blacksburg Reluctantly Passes New Air-gun Ordinance

The Roanoke Times reported yesterday that Blacksburg unanimously passed an ordinance Tuesday that loosens restrictions on air-powered guns that are in line with new legislation (SB757), that will take effect on July 1, though the town did so with some reluctance.  Councilman John Bush told the Times that "It's probably not safe."

The new law, which was a priority for VSSA during the legislative session this year, prohibits localities from banning the use of pneumatic, or air-pressure-powered, guns on private property, so long as the guns are used reasonably and the property owner has given permission.

While Blacksburg did not make an issue of the legislation in the way that Fairfax has done, the comments make one think back to things like repeal of the restaurant ban, or "shall issue" concealed carry, where opponents predicted there would be dire consequences.  To date, restaurant carry has caused no issues, and shall issue concealed carry has been the law for almost 20 years with the prophecies of "blood in the streets" still unfulfilled.

Regarding Fairfax, the Board of Supervisors will hold a public hearing at 5:00 PM, June 21st, to hear comment on  amendments to the County Code related to where firearms and pneumatic guns may not be shot, to bring the county in line with SB 757. An alert will go out on this later today.  We need a large turnout for the public hearing to show that there is a perfectly safe way to set up an air-gun range in a backyard or garage without causing harm to others.  Those wishing to speak at the meeting can register online here.

Fairfax County Frets Over New Air Rifle Rules Taking Affect July 1

The Washington Examiner has this article today where Fairfax County Officials are "concerned" about a new law related to airguns. The bill, SB 757 which passed the General Assembly this session and was signed by the Governor on April 6, addresses the issue of localities restricting the discharge of "pneumatic" guns or airguns. Airgun ranges can be set up safely inside as well as outside. When setting up ranges outside in suburban back yards, they can be set up in such a way as to all but eliminate the chance of BBs and pellets leaving the property from which they are being shot. Nonetheless, boards of supervisors, town, and city councils, enact restrictions requiring large distances between homes or buildings before airguns can be discharged. Now, if you can safely set up an airgun range in a garage or basement, why shouldn't a land owner be able to do the same outside?

But that fact is lost on people like Fairfax County State Senator Dave Marsden:

"For our area, it is insane," said state Sen. Dave Marsden, D-Fairfax. "It's one thing to do this in any rural area, but to allow it in a suburban or urban area like much of Northern Virginia?"

As well as a member of the Fairfax Board of Supervisors:

"I don't think this will be well received," said Supervisor John Foust, D-Dranesville. "Our houses are much closer together, and our communities are much more dense than in much of the state. Neighbors would be justifiably concerned if someone is shooting weapons next door to them."

Here is new language (italicized) of the law that passed this year:

A. A locality may prohibit, by ordinance, the shooting of pneumatic guns in any areas of the locality that are in the opinion of the governing body so heavily populated as to make such conduct dangerous to the inhabitants thereof, and may require supervision by a parent, guardian, or other adult supervisor approved by a parent or guardian of any minor below the age of 16 in all uses of pneumatic guns on private or public property. The ordinance may specify that minors above the age of 16 may, with the written consent of a parent or guardian, use a pneumatic gun at any place designated for such use by the local governing body or on private property with the consent of the owner. The ordinance may specify that any minor, whether permitted by a parent or guardian to use a pneumatic gun or not, shall be responsible for obeying all laws, regulations and restrictions governing such use. Any penalty for a pneumatic gun offense set forth in such an ordinance shall not exceed a Class 3 misdemeanor.

B. No such ordinance authorized by subsection A shall prohibit the use of pneumatic guns at facilities approved for shooting ranges or, on other property where firearms may be discharged, or on or within private property with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property.

If someone shooting an airgun does not use "reasonable care" when shooting, Fairfax still has the same remedies to deal with the unsafe practice they have currently. So, one has to ask, why all the fuss?

Update: I spoke with NRANews' Cam Edwards about this on Monday's program.

Air Rifle Bill Passes Senate

Senator Roscoe Reynolds' SB757 passed the State Senate today on a vote of 27-12.  SB757 would require that any local ordinance which prohibits the shooting of pneumatic guns in certain areas shall have, among its exceptions, an exception to allow the firearm to be discharged on private property with permission of the owner when discharge is conducted with reasonable care to prevent a projectile from crossing the bounds of the property.  VSSA strongly supports this much needed legislation to keep localities from unnecessarily prohibiting the use of air rifles on private property.  The bill now moves to the House.