An ordinance that has been on the books for 50 years came under scrutiny by the Craig County Board of Supervisors in recent meetings. As a result, the Board voted at its March 7, 2024 meeting to hold a public hearing to repeal an ordinance prohibiting the discharge of firearms within residential districts on April 4, 2024 at 6 p.m. in the Circuit Court Courtroom at the Craig County Courthouse.
The supervisors in 1973 had adopted an ordinance that states, “It is unlawful for any person to shoot any gun, pistol, or other firearm within the limits of residential districts of the county, except in the case of urgent necessity. This section shall not apply to licensed gun dealers within the confines of their business property.” The local ordinance makes the violation a class 4 misdemeanor.
In January, the Board began discussions about repealing the ordinance after Supervisor Jordan Labiosa asked about the ordinance. According to the minutes of the February meeting, the supervisors agreed that the county code should be repealed as redundant. Instead, the county would rely on Virginia Code § 18.2-56.1 (A), which states: “It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. Any person violating this section shall be guilty of a Class 1 misdemeanor.”
The state statute also says that, “Any person who handles any firearm in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony.”
Sheriff Trevor Craddock stated in a follow-up phone call on March 13 that the supervisors had discussed the matter with him and he had told them there were state statutes he could use if necessary. “We don’t have a lot of issues over here,” the sheriff said of gun complaints. “We’ve had some pop up occasionally but a lot of times it’s more related to the noise of the shooting than its being unsafe. Sometimes the bullets are going on somebody’s property maybe damaging trees or something, but most of the time it’s somebody doing extended shooting. We have a noise ordinance that would cover that. It’s not something that we deal with a lot.”
Labiosa in a follow-up email of March 13 stated that he pursued removal of the ordinance for several reasons. “In my view, the original aim of the County Code section, which prohibits the discharge of firearms within any residential zone, was intended to prevent reckless firearm use. However, the Code of Virginia (§18.2-56.1.) already outlaws the reckless handling of firearms that could endanger human life or property. Given this, repealing the County Code section to strongly uphold 2nd Amendment Rights seems both logical and necessary,” Labiosa wrote.
He noted that the county code as written, “includes prohibitions in rural residential zones, which constitute a significant part of our county. These zones are characterized by larger distances between homes than in more densely populated areas, naturally reducing any risk associated with firearm discharge.”
He also pointed out that neighboring counties do not have a similar ordinance and that, “Craig County’s prior declaration as a “2nd Amendment Sanctuary” by the Board of Supervisors underlines our commitment to protecting the rights of firearm owners. Amending this code section aligns with that declaration.”
— AJF, Special to The New Castle Record
