Herndon Council Considers Updated Pneumatic Gun Regulations

During Tuesday’s Herndon Town Council work session the council discussed an ordinance regulating pneumatic guns, including paint ball guns, BB guns and air rifles.

State legislation from 2011 authorizes the town to “prohibit … the shooting of pneumatic guns in any area… that are in the opinion of the governing body so heavily populated as to make such conduct dangerous to the inhabitants thereof.”

The town already prohibits the discharge of pneumatic guns within the town with a few exceptions, said Town Attorney Richard Kaufman. However, the town’s existing ordinance does not conform to the 2011 state law, he said.

The legislation also states that the town can’t prohibit the use of pneumatic guns at shooting ranges, on private property with the permission of the owner and at other properties where firearms may be used safely and reasonably. This includes in private basements or cellar target ranges. They may also be used with blank cartridges in theatrical performances. 

The ordinance being considered states that “Pneumatic gun means any implement, designed as a gun, that will expel a BB or pellet by action of pneumatic pressure. ‘Pneumatic gun’ includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.”

The new ordinance drafted by Kaufman also addresses the provision on bow and arrow usage to make it consistent with current laws. It does not impact the town’s restriction on hunting.

If pneumatic guns are used in situations that do not comply with the ordinance, violation will constitute a Class 4 misdemeanor.

Councilman Bill Tirrell asked if the ordinance could impact the usage of nail guns. He said though they aren’t frequently used as weapons, they are pneumatically charged.

Kaufman said nail guns were considered in the writing of the ordinance and it was decided that because nail guns are not designed to be used as guns they are not impacted by the ordinance. He said he can easily argue that a nail gun is not a real gun, but is instead a tool.

Mayor Steve DeBenedittis said they want to make sure the town isn’t outlawing nail guns.

If the council approves the ordinance it will go into effect on the date of its adoption. The council is set to vote on the ordinance at its next public hearing on June 12 at 7 p.m. in the , 765 Lynn St.  

 

Other items on the agenda for the next public hearing include: 

• A resolution adopting the Northern Virginia Hazard Mitigation Plan

• A resolution designating a portion of Sterling Road as a Road Name Overlay, dedicated to veterans of the Gulf War

• A resolution awarding a contract for work on the Park Avenue water main

• A resolution amending the town's Cafeteria Plan

• A resolution providing recreational benefits to the Herndon Police Citizens' Support Team

• A resolution transferring $60,000 from Available Position Vacancy Savings into the General Fund to finance the purchase of two vehicles for the Herndon Police Department

• A resolution authorizing the issuance and sale of its General Obligation Refunding Bonds, Series 2012 in an aggregate principal amount not to exceed $5,025,000

• The meeting will also include two presentations, including the first 2012 Yard of the Month winner and the Virginia Municipal League's Insurance Programs 2012 Risk Management Performance Award 

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