NORFOLK, Va. (WAVY) — Norfolk City Council did not end up voting on an ordinance Tuesday night that would ban firearms from public spaces in the city, including government buildings and public parks.

It was set to be the last item on the council’s agenda for Tuesday, but was removed from the docket “to allow further deliberation and revision,” according to Norfolk’s city attorney.

Council member Andria McClellan says there was an error in the ordinance that made people think it would apply to public rights of way (streets and sidewalks.) That, as council member Tommy Smigiel wrote on his Facebook page, is “unconstitutional.”

“What was presented to Council previously, and provided in the ordinance, was a prohibition of firearms in ‘event areas,’ which is defined to be a permitted event on a public right of way; for instance, guns could be prohibited at a First Friday event held on Granby Street or if Waterside Drive were closed for a special city-sponsored event,” McClellan said. “The current language has caused confusion and alarm (suggesting that firearms are generally prohibited on sidewalks, streets, etc. which is NOT the intent of the ordinance) and needs revision. Thus, the ordinance has been pulled.”

City Attorney Bernard Pishko did not immediately return a call asking how the error occurred.

“We have not discussed this yet as a council,” said Mayor Kenny Alexander, when asked about the situation Tuesday. “At some point, [the gun ban ordinance] will be rescheduled.”

However, the damage was done.

Congressional candidate Scott Taylor, a Republican formerly representing the 2nd Congressional District, posted on Facebook that the move would “prohibit you from protecting yourselves in public places, including roads and sidewalks.” The post had more than 400 mostly negative comments and more than 1,400 shares.

Gun rights advocates and the City Council have been at odds since late last year when Second Amendment Sanctuary movements swept across the commonwealth. While the mayor directed the City Clerk to send a letter to the Virginia General Assembly that reaffirmed the council’s duty to uphold the Second Amendment, no vote was ever taken on a resolution.

An effort to force a vote was started but fell short.

A new state law giving localities more authority to ban guns in public spaces was among the gun reform legislation signed into law this year by Gov. Ralph Northam. Other new laws included establishing universal background checks and reinstating Virginia’s one-handgun-a-month law.

A copy of the ordinance shows there are exceptions, including for law enforcement officers, active duty military in uniform and those storing firearms in their vehicle or boat, but doesn’t specifically address people with concealed carry permits.

Newport News recently voted to ban open carry in its city-owned buildings and property, but didn’t ban concealed carry. Richmond also adopted a similar ordinance to Norfolk’s proposal.

If the ban were to eventually pass, the ordinance would subject violators to a class 1 misdemeanor.

Latest Posts: