Explore The NRA Universe Of Websites

APPEARS IN News

Virginia Attorney General Finds More Roving Gun-Free Zones

Monday, September 20, 2021

Virginia Attorney General Finds More Roving Gun-Free Zones

The Virginia state government’s attacks on law-abiding gun owners continue apace. On September 1, Attorney General Mark R. Herring (D) used his position to offer an expansive interpretation of statute that will create a confusing patchwork of gun-free zones throughout the Commonwealth. Herring’s actions are an important reminder that gun rights supporters need to be cognizant not only of the plain reading of proposed statutes, but also how their language might be perverted by anti-gun political officials.

Earlier this year, the Virginia General Assembly passed and Governor Ralph Northam (D) signed HB 2081. The legislation altered VA Code Ann. § 24.2-604 to make it a crime “to knowingly possess any firearm… within 40 feet of any building, or part thereof, used as a polling place.” Violating this provision is a Class 1 misdemeanor punishable by up to a year imprisonment, up to a $2,500 fine, or both.

A reasonable person might read the new § 24.2-604 and take care not to exercise their Right-to-Carry while voting or near the local voting precincts on election day. However, by Herring’s lights, the new prohibition is far broader in both space and time.

The attorney general was asked the following by an Albemarle County election official. (Albemarle is the county surrounding the city of Charlottesville, which is home to the University of Virginia.)

[D]uring ‘early voting,’ prior to the date of a general, special, or primary election, are central absentee voter precincts, voter satellite offices, and offices of general registrars ‘polling places,’ and thus subject to the firearm prohibition?

Never one to pass up an opportunity to curtail the rights of law-abiding gun owners, Herring responded,

It is my opinion that firearms are prohibited at central absentee voter precincts, voter satellite offices, and offices of general registrars where they are the designated locations for early voting in the locality, in the same way that firearms are prohibited at polling places when the polls are open on Election Day.

Moreover, Herring made clear that the prohibition “applies to the 40-foot boundary around the portion of the building being used as a polling place, including any entrances and exits,” but not necessarily the entire building.

Early voting in Virginia starts 45 days prior to election day. Early and absentee voting locations are often peppered throughout a jurisdiction and can change from election to election. As Virginia has off-off-year state elections, the Commonwealth’s law-abiding gun owners will be forced to navigate around a confusing patchwork of shifting gun-free zones for at least a month-and-a-half every year starting in mid-September.

Contrary to Herring’s view, the language of § 24.2-604 contemplates its prohibited activities applying to an “election day.” Consider subsection (E), which states, “This section shall not be construed to prohibit a candidate from entering any polling place on the day of the election to vote, or to visit a polling place for no longer than 10 minutes per polling place per election day…”

As with so much government regulation, HB 2081 and the expansive attorney general’s opinion are completely unnecessary to protect Virginia voters.

VA Code Ann. § 24.2-607 already makes it “unlawful for any person to hinder, intimidate, or interfere with any qualified voter so as to prevent the voter from casting a secret ballot.” A violation of this statute is punishable in the same manner as the new firearm prohibition – as a Class 1 misdemeanor. If a criminal were to commit politically-motivated violence at a polling place they could also potentially face charges under Virginia’s terrorism statute (VA Code Ann. § 18.2-46.5) in addition to the underlying offense.

Further, the legislation and Herring’s creative interpretation weren’t even necessary for the hoplophobic portions of the Commonwealth to restrict firearms in early voting locations. Enacted in 2020, HB421/SB35 weakened Virginia’s longstanding state firearms preemption law to grant localities the power to create gun free zones “in any building, or part thereof, owned or used by such locality, or by any authority or local governmental entity created or controlled by the locality, for governmental purposes.”

Given the pre-2021 statutes that could be brought to bear on this matter, it’s clear these new restrictions aren’t about public safety. These measures are about politicians indulging their ugly political and cultural prejudices by further discouraging law-abiding gun owners from exercising their Right-to-Carry in the Commonwealth.

IN THIS ARTICLE
Gun Free Zones
TRENDING NOW
Minnesota: St. Paul Introduces Performative "Assault Weapon" Ban

Wednesday, October 29, 2025

Minnesota: St. Paul Introduces Performative "Assault Weapon" Ban

In an act of political theater on Wednesday, October 22nd, the city council of St. Paul introduced a so-called "assault weapon" ban ordinance, which as written would ban the possession of popular firearms and standard ...

Trump Continues Commitment to Gun Owners

News  

Monday, October 27, 2025

Trump Continues Commitment to Gun Owners

We’ve covered the numerous ways in which President Donald Trump has used his office to defend or advance our rights protected under the Second Amendment. 

CBS Report: Chicago’s Responsible Gun Owners Wrongfully Arrested, Charged

News  

Monday, October 27, 2025

CBS Report: Chicago’s Responsible Gun Owners Wrongfully Arrested, Charged

The Windy City has its fair share of problems, but a lack of violent criminals isn’t one of them, as anyone who takes a moment to look through local crime news source CWB Chicago knows for a ...

North Carolina: Update on Permitless Carry

Friday, October 24, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Taxpayer-Funded Orgs Bankroll Ad Council “Children” and Firearms Propaganda

News  

Monday, October 27, 2025

Taxpayer-Funded Orgs Bankroll Ad Council “Children” and Firearms Propaganda

The idiot box has been living up to the nickname.

NRA-ILA Files Comments on DOJ’s Relief from Disabilities Rulemaking

News  

Monday, October 27, 2025

NRA-ILA Files Comments on DOJ’s Relief from Disabilities Rulemaking

Last Monday, NRA-ILA (ILA) filed comments in response to a proposed rulemaking by the U.S. Department of Justice (DOJ) to revive the government’s “relief from disabilities” program for people categorically prohibited from acquiring or possessing firearms. 

California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

Pennsylvania: Senate Local Government Committee Begins Exploring Preemption Enhancements

Wednesday, October 29, 2025

Pennsylvania: Senate Local Government Committee Begins Exploring Preemption Enhancements

On Wednesday, the Senate Local Government Committee held a public hearing to gather information on Senate Bill 822, which would strengthen the Commonwealth’s firearms preemption statute. Among other provisions, this legislation would allow membership organizations to recover litigation costs when ...

NRA-ILA Files Reply Brief Pressing the U.S. Supreme Court to Hear Its Challenge to the NFA’s Restrictions on Short-Barreled Rifles

Thursday, October 23, 2025

NRA-ILA Files Reply Brief Pressing the U.S. Supreme Court to Hear Its Challenge to the NFA’s Restrictions on Short-Barreled Rifles

Today, the National Rifle Association Institute for Legislative Action (NRA-ILA) filed a Reply Brief urging the U.S. Supreme Court to hear a challenge to the National Firearms Act of 1934’s restrictions on short-barreled rifles in a ...

NRA Files Another Lawsuit Challenging the National Firearms Act

Thursday, October 9, 2025

NRA Files Another Lawsuit Challenging the National Firearms Act

Today, the National Rifle Association—along with the American Suppressor Association, Firearms Policy Coalition, and Second Amendment Foundation—announced the filing of another lawsuit challenging the constitutionality of the National Firearms Act of 1934 (NFA).

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.