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1998 SESSION

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989016260
HOUSE BILL NO. 1261 Offered January 26, 1998 A BILL to amend the Code of Virginia by adding a section numbered 15.2-915.1, relating to regulation or prohibition of handguns in city public facilities; penalty. ----------
Patrons-- Baskerville, Christian, Crittenden, Hall and McEachin; Senators: Lambert and Marsh
---------- Referred to Committee on Militia and Police ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 15.2-915.1 as follows:

§ 15.2-915.1. Regulating or prohibiting handguns in city public facilities.

Notwithstanding the provisions of § 15.2-915, any city may by ordinance regulate or prohibit any person from carrying a handgun on or about his person while in any city public facility. Such ordinance shall not conflict with the provisions of other state laws, and any penalties provided for a violation of such ordinance shall not exceed those for a Class 1 misdemeanor.

The provisions of this section shall not apply to any person who is (i) a law-enforcement officer otherwise permitted to carry such handgun, (ii) in lawful possession of the firearm and has a valid concealed handgun permit issued pursuant to § 18.2-308, (iii) delivering the firearm to any city officer or employee; or (iv) using such firearm in any training program or theatrical production which is being conducted with the prior written approval of the city manager or his designee.

A person who engages in conduct which constitutes a violation of § 18.2-308 and which would also constitute a violation of an ordinance adopted pursuant to this section shall not be charged with a violation of both.

For purposes of this section, "city public facility" means any building, or part thereof, that is owned and occupied or leased as a tenant and occupied by the government of the city. The term "city public facility" does not mean (i) any building that is not occupied or used by city officials or employees; (ii) any building, or part thereof, that is owned or leased as a tenant by any other political subdivision of the Commonwealth, or (iii) any courthouse.