Virginia General Assembly committe e bans guns in Capitol

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Virginia General Assembly committe e bans guns in Capitol

Postby allingeneral » Sat, 11 Jan 2020 15:31:45

The General Assembly pulled a stunt last night and banned guns in the General Assembly buildings. The text of the rule that was adopted is below with the reference document attached.


GENERAL ASSEMBLY WEAPONS POLICY
1
2
3 Authority for Policy
4
5 The Joint Rules Committee has the authority and responsibility for ensuring the
6 safety of every member, full and part-time employee, page, intern, visitor, and
7 guest of the General Assembly and legislative branch agencies. In furtherance of
8 this responsibility, the policy of the Joint Rules Committee relating to the carrying
9 of weapons in those areas and within those agencies under the legal authority of
10 the Joint Rules Committee is contained herein.
11
12
13 Purpose of Policy
14
15 The purpose of this policy is to ban the open carrying and carrying of concealed
16 weapons in offices or spaces occupied or controlled by legislative branch agencies,
17 with certain exceptions as set forth herein.
18
19
20 Applicability
21
22 A. This policy applies to all buildings owned, leased, or controlled in whole or in
23 part by or for a legislative branch agency.
24 B. This policy applies to the open carrying of firearms or the concealed carrying of
25 firearms.
26 C. The prohibition against the open carrying of a firearm or carrying a concealed
27 firearm does not apply to law-enforcement officers, authorized security personnel,
28 or military personnel as defined herein.
29
30
31 Definitions
32
33 As used in this policy:
34 "Authorized security personnel" means a natural person who is employed to (i)
35 perform the functions of observation, detection, reporting, or notification of
36 appropriate authorities or designated agents regarding persons or property on the
37 premises he is assigned to protect; (ii) safeguard and protect persons and property
38 on the premises he is assigned to protect; or (iii) deter theft, loss, or concealment of
39 any tangible or intangible personal property on the premises he is assigned to
40 protect. Authorized security personnel must be approved by the Division of
41 Capitol Police or the Department of General Services.
42
43 "Firearm" means any handgun, pistol, revolver, or other weapon designed or
44 intended to propel or expel a projectile or missile of any kind by action of an
45 explosion of any combustible material; rifle, shotgun, automatic or semi-automatic
46 gun; assault firearm as defined in Section 18.2-308.2:2 of the Code of Virginia;
47 machine gun; 3D printed gun; or similar weapon. Firearm does not include any
48 ceremonial firearm currently on display in a legislative branch agency. The Chief
49 of the Division of Capitol Police is authorized to develop a list of firearms covered
50 by this policy.
51
52 "Law-enforcement officer" means a natural person who is a full-time paid
53 employee of (i) the Division of Capitol Police, (ii) a police department or sheriff’s
54 office that is a part of or administered by the Commonwealth of Virginia or any
55 political subdivision thereof, or (iii) a law-enforcement agency of the United
56 States. Law-enforcement officer only includes a person who is on duty and on the
57 premises of a legislative branch office or space for the purpose of conducting
58 official agency business.
59
60 "Legislative branch agency" means any administrative unit of state government in
61 the legislative branch, including the House of Delegates, the Senate of Virginia or
62 any department, division, commission, or other body, however designated, within
63 the legislative branch.
64
65 "Legislative branch office or space" means any building, portion or space of a
66 building, owned, leased, or controlled by or for a legislative branch agency
67 including any office or space assigned to a member of the House of Delegates or
68 the Senate of Virginia or their support staff in the Pocahontas Building, the
69 Capitol, the new General Assembly building, or any building on the premises of
70 Capitol Square. This includes that portion of any building open to others and then
71 used exclusively for functions or activities sponsored by a legislative branch
72 agency tenant or tenants while such functions are taking place. It shall not include
73 parking facilities.
74
75 “Military personnel” means a member of the armed forces of the United States
76 who is on duty and on the premises of a legislative branch office or space for the
77 purpose of conducting official agency business.
78
79
80 Carrying and Possession of Firearms Prohibited
81
82 The open carrying of any firearm or the possession or carrying of any concealed
83 firearm by any person is prohibited in legislative branch offices or spaces. Entry
84 upon a legislative branch office or space in violation of this prohibition is expressly
85 forbidden. This prohibition does not apply to law-enforcement officers, authorized
86 security personnel, or military personnel as defined herein.
87
88
89 Required Lease Terms for Legislative Branch Offices or Spaces
90
91 All leases entered into where a legislative branch agency is the lessor shall contain
92 a prohibition on the open carrying of a firearm and the carrying of concealed
93 firearms consistent with this policy. All leases entered into for the benefit of a
94 legislative branch agency shall contain the prohibitions herein to indicate the
95 lessor's acknowledgment. Exceptions may be allowed where approved in writing
96 by the Joint Rules Committee.
97
98
99 Posting of Signs
100
101 A. Posting location. Signs shall be posted at all legislative branch offices or spaces
102 indicating the prohibition against the open carrying of firearms or carrying
103 concealed firearms. Where the entire premises are owned or occupied by a
104 legislative branch agency, signs shall be displayed at every entrance, which shall
105 satisfy all requirements for the posting of signs. Where only a portion of the
106 premises are owned or leased for a legislative branch agency, the signs shall be
107 displayed within the leased space.
108
109 B. Size and design. Signs shall be of a size and design approved by the
110 Department of General Services in consultation with the Division of Capitol
111 Police. For legislative branch agencies within the limits of Capitol Square or
112 located in the Pocahontas Building, the Division of Capitol Police shall obtain and
113 post such signs. For all other legislative branch agencies, such agencies shall be
114 responsible for obtaining signage design from the Department of General Services
115 and for posting of the signs.
116
117 Enforcement
118
119 The Division of Capitol Police shall be responsible for enforcing this policy within
120 the limits of Capitol Square and within the Pocahontas Building. For all other
121 legislative branch offices or spaces, the occupying agency shall be responsible for
122 enforcing this policy.
123
124 In enforcing this policy, the Division of Capitol Police is authorized to search or
125 screen all persons entering a legislative branch office or space within the limits of
126 Capitol Square or within the Pocahontas Building, with the exception of current
127 members of the General Assembly of Virginia. The Division of Capitol Police is
128 not authorized to search or screen current members of the General Assembly to
129 avoid any interference with a member fulfilling his legislative responsibilities.
130 Any person found to be violating this policy shall be immediately removed from
131 the Capitol Building or the Pocahontas Building by the Division of Capitol Police.
132
133
134 Other Weapons
135
136 The prohibition described above against the open carrying or possession or
137 concealed carrying of any firearm in a legislative branch office or space as
138 described above applies with full force and effect and under the same conditions to
139 the open carrying or possession or concealed carrying of any weapon described in
140 clauses (ii) through (v) of subsection A of Section 18.2-308 of the Code Virginia
141 and any stun gun as defined under Section 18.2-308.1 of the Code of Virginia, with
142 the exception of a pocket knife having a folding metal blade of less than three
143 inches. The prohibition with respect to weapons other than firearms shall not
144 apply to (a) any person possessing a knife customarily used for food preparation or
145 service and using it for such purpose, (b) any person who possesses a knife or
146 blade which he uses customarily in his trade and using it in such trade, (iii) any
147 tool used by a person customarily in his trade and being used pursuant to a contract
148 with a legislative branch agency, or (iv) any tool used by a state employee as a
149 condition of his position and being used in the scope of employment. The
150 prohibition with respect to weapons other than firearms shall not apply to any
151 ceremonial weapon currently on display or use in a legislative branch agency.
152
153 The Chief of the Division of Capitol Police is authorized to develop a list of other
154 weapons covered by this policy.
155
156
157 Exclusions
158
159 This policy shall not apply to any office or space within the limits of Capitol
160 Square under the control of an executive branch agency. This policy shall also not
161 apply in the district office of a member of the General Assembly provided that
162 such office is not located within the limits of Capitol Square or within the
163 Pocahontas Building.
164
165 Effective Date
166
167 This policy shall become effective upon adoption of the Joint Rules Committee
168 and shall be implemented by the Division of Capitol Police and legislative branch
169 agencies beginning at 11:59 p.m. on the day of such adoption.
170
171
172 Coordination with Previous Policies
173
174 Any firearm or other weapon not allowed on the premises of Capitol Square, the
175 Pocahontas Building, or any legislative branch office or space under a previous
176 policy of the Joint Rules Committee shall continue to be disallowed.
177
178
179 Adopted by Joint Rules Committee – January 10, 2020
180 Adopted by House Rules Committee – January 10, 2020
181 Effective 11:59 p.m., January 10, 2020
Attachments
General_Assembly_firearms_policy.pdf
(60.11 KiB) Downloaded 5 times
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