HB1485: Firearms; regulation by localities, workplace rules, limitation.

HOUSE BILL NO. 1485

Offered January 8, 2020
Prefiled January 8, 2020
A BILL to amend and reenact § 15.2-915 of the Code of Virginia, relating to regulation of firearms by localities; workplace rules; limitation.
Patron-- LaRock

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That § 15.2-915 of the Code of Virginia is amended and reenacted as follows:

§ 15.2-915. Control of firearms; applicability to authorities and local governmental agencies.

A. No locality shall adopt or enforce any ordinance, resolution or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.

Nothing in this section shall prohibit a locality from adopting workplace rules relating to terms and conditions of employment of the workforce. However, no locality shall adopt or enforce any workplace rule, other than for the purposes of a community services board or behavioral health authority as defined in § 37.2-100, that prevents or restricts an employee of that locality from (i) possessing or carrying a concealed handgun at the locality's workplace if the employee possesses a valid concealed handgun permit issued pursuant to Article 6.1 (§ 18.1-307.1 et seq.) of Chapter 7 of Title 18.2 or (ii) storing at that locality's workplace a lawfully possessed firearm and ammunition in a locked private motor vehicle.

Nothing in this section shall prohibit a law-enforcement officer, as defined in § 9.1-101, from acting within the scope of his duties.

The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail, juvenile detention facility, or state-governed entity, department, or agency.

B. Any local ordinance, resolution or, motion, or workplace rule adopted prior to the effective date of this act section governing the purchase, possession, transfer, ownership, carrying, or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid.

C. In addition to any other relief provided, the court may award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in an action challenging (i) an ordinance, resolution, or motion as being in conflict with this section or (ii) an administrative action or workplace rule taken in bad faith as being in conflict with this section.

D. For purposes of this section, "workplace" means "workplace of the locality."