1VAC30-105 Regulations Banning Concealed Firearms in Offices Owned or Occupied by Executive Branch Agencies

REGULATIONS

Vol. 32 Iss. 26 - August 22, 2016

TITLE 1. ADMINISTRATION

DEPARTMENT OF GENERAL SERVICES

Chapter 105

Proposed Regulation

Title of Regulation: 1VAC30-105. Regulations Banning Concealed Firearms in Offices Owned or Occupied by Executive Branch Agencies (adding 1VAC30-105-10 through 1VAC30-105-80).

Statutory Authority: § 2.2-1102 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: October 21, 2016.

Agency Contact: Rhonda Bishton, Regulatory Coordinator, Department of General Services, 1100 Bank Street, Suite 420, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

Basis: Subsection B of § 2.2-1100 and subdivision A 1 of § 2.2-1102 of the Code of Virginia establish the Department of General Services (DGS) and allow the department to prescribe regulations. DGS has been directed by the Governor to issue these regulations in Executive Order (EO) 50 (2015).

Purpose: As stated in the EO, it is the Governor's desire to protect citizens and state employees from gun violence. The purpose of this regulation is to ban concealed firearms from offices owned, leased, or controlled by executive branch agencies. While state employees are already prohibited from carrying firearms through state personnel directives, this regulation will extend that prohibition to members of the public and other nonemployee individuals who may enter the premises.

Substance: Possession or carrying of any concealed firearm by any person is prohibited in and on state offices. Entry upon a state office in violation of this prohibition is expressly forbidden. This prohibition does not apply to law-enforcement officers, authorized security personnel, or military personnel when such individuals are authorized to carry a firearm in accordance with their duties and when they are carrying the firearm within that authority. It also does not apply to state employees where the employee's position requires carrying a concealed firearm.

Issues: Every day, over 60,000 Virginians report to work in state government buildings across the Commonwealth to provide services to their fellow Virginians. Citizens rely on open access to these facilities to address their personal and professional needs. Government facilities are essential to allowing citizens access to their government representatives. Allowing concealed carry in these facilities exposes our state employees and fellow citizens to unnecessary risk.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. Pursuant to Executive Order 50 (2015), the Department of General Services (DGS) proposes to ban carrying of concealed weapons in executive branch buildings.

Estimated Economic Impact. On October 15, 2015, Governor McAuliffe signed Executive Order 50 (2015)¹ ordering the Director of DGS "to propose regulations banning carrying of concealed weapons in offices occupied by executive branch agencies, unless held by law enforcement, authorized security, or military personnel authorized to carry firearms in accordance with their duties." DGS promulgated an emergency regulation to implement this order on December 3, 2015, and it is currently scheduled to expire on June 2, 2017. The proposed regulation will make the emergency regulation permanent.

This regulation applies to buildings owned, leased, or controlled in whole or in part by or for an executive branch agency. It does not apply to open carry firearms in executive branch buildings as DGS has previously implemented the executive ban on those firearms through a guidance document. Pursuant to state personnel policy, state employees were already prohibited from possessing, brandishing, or using weapons on state premises. State institutions of higher education are exempt from this regulation so long as the institution has implemented its own policies or regulations governing firearms. State-owned or leased parking facilities, recreational lodges and cabins, employee housing, rest areas on interstate highways, and public hunting lands are not subject to this regulation.

According to DGS, there are approximately 11,000 buildings that fall under the purview of the proposed regulation. Some of the buildings are storage facilities but the remainder house many employees and some are visited by members of the public. Approximately 60,000 employees are estimated to be working in the buildings covered by this regulation;² however, the number of public visitors to affected buildings is not known.

According to the State Police, the numbers of resident and non-resident concealed carry permits in Virginia are 429,403 and 17,917, respectively.³ As of July 2015, Virginia's 18 year-old and older population is estimated to be 6,512,571.⁴ Thus, approximately seven percent of the adult population carries a concealed firearm in Virginia.⁵ Given these statistics, it would be reasonable to expect that about seven percent of visitors to executive branch buildings may be affected by the proposed regulation.

The intended goal of the proposed regulation is to reduce or prevent gun violence in executive branch buildings. Assessing the benefits versus costs of the proposed regulation essentially requires an assessment of the impact of the proposed ban. For example, whether the ban would prevent attempts to bring unauthorized concealed weapons into the state buildings by perpetrators would have to be estimated. Similarly, whether the ban would have an impact on the potential for an attack resulting from the presence of a firearm in a state building would have to be estimated, as well. To date, data on gun violence in government office buildings reflects statistically low incident rates given that many individuals pass in and out of state office buildings each day. Any estimate of the likelihood of an attack or its potential impact based on the small sample size of available data would be subject to great uncertainty. For example, even though we know that between 2000 and 2013, 11 active shooter incidents (not inclusive of all firearm incidents) occurred on non-military government properties (excluding schools) in the United States,⁶ estimating potential future incidents from that data would be subject to great uncertainty. In addition, there is no available data of past incidents of guns entering or being brandished within affected executive branch buildings in Virginia. Thus, any impact of the proposed ban cannot be ascertained due to lack of data.

Whether the proposed regulation introduces additional compliance costs also must be considered. The security for buildings owned directly by agencies is decided by the agency that owns the building. The security in executive branch buildings in Capitol Square is provided through a contract between the Division of Capitol Police and DGS. The security for space leased from the private sector is provided by the landlord. According to DGS, there has been no directive to require additional training for the security personnel or to purchase new equipment to enforce the regulation. The proposed regulation requires agencies to post signs in state buildings occupied or managed by them. According to Virginia Correctional Enterprises, $29,552 worth of signs have been purchased to date. These signs include information on the prohibition of both open and concealed carry weapons.

Businesses and Entities Affected. There are approximately 11,000 buildings used by executive branch agencies and approximately 60,000 employees working in those buildings. Currently, the numbers of resident and non-resident concealed carry permits in Virginia are 429,403 and 17,917, respectively.⁷ Given the available population and permit data, it would be reasonable to expect that about seven percent of visitors to executive branch buildings may be affected by the proposed regulation. However, there is no available data on the actual total number of private citizens or the number of private citizens with concealed carry permits visiting affected facilities.

Localities Particularly Affected. The proposed regulation applies statewide.

Projected Impact on Employment. No impact on employment is expected.

Effects on the Use and Value of Private Property. No impact on the use and value of private property is expected.

Real Estate Development Costs. No impact on real estate development costs is expected.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. The proposed regulation does not affect small businesses.

Alternative Method that Minimizes Adverse Impact. The proposed regulation does not have an adverse impact on small businesses.

Adverse Impacts:

Businesses. The proposed regulation does not have an adverse impact on businesses.

Localities. The proposed regulation does not adversely affect localities.

Other Entities. The proposed regulation prohibits concealed weapons from being carried into executive branch buildings. Based on comments submitted during the comment period following the Notice of Intended Regulatory Action for the permanent replacement regulation, many concealed carry permit holders perceive the ban as being adverse to their right to carry arms. However, since it is not known how many of these individuals would be directly impacted (e.g., wanting to enter a state building carrying their weapon), this potential adverse impact cannot be quantified as an adverse economic impact.

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¹ See http://governor.virginia.gov/media/4685/eo-50-on-gun-violence-final.pdf.

² Source: EO 50 (2015)

³ Chapter 47 of the 2016 Acts of Assembly amended the reciprocity requirements which may impact the number of non-resident permits in Virginia. See http://leg1.state.va.us/cgi-bin/legp504.exe?161+ful+CHAP0047.

⁴ Source: U.S. Census Bureau

⁵ 6.6 percent if non-resident permits are excluded and 6.9 percent with non-resident permits.

⁶ A Study of Active Shooter Incidents in the United States Between 2000 and 2013, U.S. Department of Justice, Federal Bureau of Investigation, September 16, 2013.

⁷ Chapter 47 of the 2016 Acts of Assembly amended the reciprocity requirements which may impact the number of non-resident permits in Virginia. See http://leg1.state.va.us/cgi-bin/legp504.exe?161+ful+CHAP0047.

Agency's Response to Economic Impact Analysis: The agency concurs with the economic impact analysis of the Department of Planning and Budget.

Summary:

The proposed regulation prohibits concealed firearms in offices and workplace facilities under the ownership, lease, or control of an executive branch agency and includes a requirement for posting signs to this effect.

CHAPTER 105
REGULATIONS BANNING CONCEALED FIREARMS IN OFFICES OWNED OR OCCUPIED BY EXECUTIVE BRANCH AGENCIES

1VAC30-105-10. Purpose.

The purpose of this chapter is to ban the carrying of concealed firearms in offices occupied by executive branch agencies, with certain exceptions as set forth herein.

1VAC30-105-20. Applicability.

A. This chapter applies to all buildings owned, leased, or controlled in whole or in part by or for an executive branch agency. This chapter is intended to be consistent with the Virginia Department of Human Resource Management Policy 1.80 – Workplace Violence, which prohibits state employees from possessing, brandishing, or using a weapon that is not required by the employee's position while on state premises or engaged in state business.

B. This chapter applies to the concealed carrying of firearms; the Department of General Services has issued a guidance document elsewhere prohibiting the open carrying of firearms.

C. The prohibition against carrying a concealed firearm does not apply to law-enforcement officers, authorized security personnel, or military personnel when such individuals are authorized to carry a firearm in accordance with their duties and when they are carrying the firearm within that authority. It also does not apply to state employees where the employee's position requires carrying a concealed firearm.

D. This chapter does not apply to individuals who are on public hunting lands, are engaged in lawful hunting, and are in compliance with the Department of Game and Inland Fisheries hunting and trapping regulations found in 4VAC15, regarding allowable firearms and hunting license requirements.

1VAC30-105-30. Definitions.

"Authorized security personnel" means a natural person who is employed to (i) perform the functions of observation, detection, reporting, or notification of appropriate authorities or designated agents regarding persons or property on the premises he is assigned to protect; (ii) safeguard and protect persons and property; or (iii) deter theft, loss, or concealment of any tangible or intangible personal property on the premises he is assigned to protect.

"Concealed firearm" means a firearm hidden from common observation, including a firearm hidden when it is observable but is of such deceptive appearance as to disguise the firearm's true nature.

"Executive branch agency" means any administrative unit of state government in the executive branch, including any department, institution, commission, board, council, authority, or other body, however designated.

"Firearm" means any handgun, pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material.

"Law-enforcement officer" means the same as that term is defined in § 18.2-307.1 of the Code of Virginia. This shall also include retired law-enforcement officers certified pursuant to § 18.2-308.016 of the Code of Virginia.

"State office" means any building or portion of a building owned, leased, or controlled by or for an executive branch agency. This includes that portion of any building open to others and then used exclusively for functions or activities sponsored by an executive branch agency tenant or tenants while such functions are taking place. It shall not include parking facilities, lodges or cabins owned by the Commonwealth and used solely for the public for recreational activities, any buildings that serve as living quarters for Commonwealth employees, or any buildings at a rest area on an interstate highway.

1VAC30-105-40. Possession of firearms prohibited.

Possession or carrying of any concealed firearm by any person is prohibited in state offices. Entry upon a state office in violation of this prohibition is expressly forbidden. This prohibition does not apply to law-enforcement officers, authorized security personnel, or military personnel when such individuals are authorized to carry a firearm in accordance with their duties and when they are carrying the firearm within that authority. It also does not apply to state employees where the employee's position requires carrying a concealed firearm.

1VAC30-105-50. Required lease terms for state offices.

All leases entered into where an executive branch agency is the lessor shall contain a prohibition on concealed firearms consistent with this chapter. All leases entered into for the benefit of an executive branch agency shall contain this prohibition to indicate the lessor's acknowledgment. Exceptions may be allowed where approved in writing by the Governor or his designee.

1VAC30-105-60. Posting of signs.

A. Posting location. Signs shall be posted at all state offices indicating the prohibition against carrying concealed firearms. Where the entire premises are owned or occupied by an executive branch agency, signs shall be displayed at every entrance. Where only a portion of the premises are leased for an executive branch agency, the signs shall be displayed within the leased space. If an executive branch agency is using an office open to others, temporary signs shall be displayed at or near the entry to the office during the time the office is being used exclusively for Commonwealth sponsored functions or activities while such functions are taking place.

B. Size and design. Signs shall be of a size and design approved by the Department of General Services. Agencies shall be responsible for obtaining signage design from the Department of General Services and for posting of the signs.

1VAC30-105-70. Enforcement.

The occupying agency shall be responsible for enforcing this chapter.

1VAC30-105-80. Exemptions.

A. A state institution of higher education is exempt from this chapter if the institution has implemented its own policies or regulations governing firearms.

B. Members of the Virginia National Guard (the guard) who possess a valid concealed handgun permit shall be exempt from this chapter while at facilities owned by the guard or under contract or lease to the guard. This exemption may be withdrawn by the commanding officer of any member while such member is participating in any training or other exercises where the commanding officer determines that (i) such possession would interfere with the conduct of such training or other exercises, (ii) such possession may result in mission impairment, or (iii) the member is unfit to carry a handgun.

C. The Governor or his designee may otherwise grant exemptions from the requirements of this chapter. To qualify for an exemption, the applying executive branch agency must show that an alternative policy consistent with the Commonwealth's policy against firearms in state offices is appropriate.

VA.R. Doc. No. R16-4572; Filed August 3, 2016, 9:33 a.m.