Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, November 23, 1994                   TAG: 9411240016
SECTION: VIRGINIA                    PAGE: B-1   EDITION: METRO 
SOURCE: DAN CASEY STAFF WRITER
DATELINE:                                 LENGTH: Medium

PROPOSED GUN BAN IN CITY PARKS FACES ROUGH ROAD

An attempt by the city to ban handguns in Roanoke public parks may get caught in the cross hairs of pro-gun forces and state lawmakers in Richmond next year. And if recent history is any indication, it could be shot down by a gubernatorial veto.

A panel of City Council and School Board members on Monday unanimously approved a proposed charter amendment banning guns in parks. This coming Monday, the proposal will be before council as part of the city's annual "wish list" of state legislation for next year. Already, it's generating debate.

Under current state law, citizens in municipal parks are allowed to carry firearms, provided they are not concealed. Guns already are banned in state parks and schools, and that prohibition ought to be extended to the city parks, said City Attorney Wilburn Dibling.

"The intent is to ban handguns in parks," said Councilman Delvis "Mac" McCadden, a member of the city's Legislative Committee. He said he's heard of handgun-related incidents in parks, and "it's needed for the safety of the people."

If council approves, the proposal will be forwarded to state lawmakers. The city needs permission from the General Assembly and governor to adopt a local ban on guns in parks.

The issue has divided Roanoke Valley legislators. One noted that a similar law affecting only parks in Richmond passed the legislature this year, only to be vetoed by Gov. George Allen. That city already has seen 143 homicides this year, plus scores more shootings.

The Roanoke amendment would authorize the city to prohibit or regulate carrying of handguns in parks, with an exemption for police officers and people who have permits to carry concealed weapons.

The law would be limited to handguns because it could be defended more easily than a ban on less-regulated rifles and shotguns, Dibling said. He said it was a preventive measure, rather than a response to any specific incidents.

City Police Chief David Hooper said he hadn't heard anything about it.

"I have absolutely no problem with that charter amendment, and I would be happy to support it," said Del. Chip Woodrum, D-Roanoke. "We prohibit the discharging of firearms within city limits, and I see no reason why we shouldn't prohibit the carrying of firearms on public property."

But Del. Vic Thomas, a strong gun-rights supporter in the legislature, disagreed. The Roanoke Democrat hasn't heard of any problems with handguns in city parks and fears the law would create trouble for otherwise law-abiding citizens "who have no intention of using [handguns] except for self-defense."

"You go after the criminal, and try not to bother the average citizen. We don't want to make criminals out of them," Thomas said, noting the law against discharging a firearm within the city.

Sen. Brandon Bell, R-Roanoke, said he'd like to hear city officials' arguments for why the law is needed before he makes up his mind. Bell was one of the supporters of Richmond's ban on guns in parks.

"In Richmond there [is] a very serious problem. There have been a number of occasions and occurrences where people used guns in parks," Bell said. "Why is it important [in Roanoke]? What problem is it resolving or solving? What's happening in Roanoke city parks that we need this?"

The measure may well set the stage for another battle between the state's pro-gun and handgun-control lobbies, which worked on opposite sides of the bill tailored to Richmond.

Alice Mountjoy, president of Virginians Against Handgun Violence, said firearms don't belong in parks, because they would intimidate picnickers, children at play and senior citizens out for walks.

"Parks are a place of tranquillity and peace, not one where you have to be worried about someone shooting squirrels and birds. I can't imagine that our public parks are so dangerous that people would have to have a gun to defend themselves or their families," she said.

On the other hand, Richmond gun lobbyist Tom Evans said the law might end up hurting a law-abiding out-of-towner who was unaware of the city ordinance and had a handgun in his car during a visit to a Roanoke park.

Evans said it's bad policy to enact "patchwork" legislation that applies only to a particular area of the state.

"You create an island of jeopardy for everybody else who lives in that sea of a commonwealth," Evans said. Besides, he noted, "everything you could already do with a gun in a city park - except protect yourself - is already illegal."