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October 2006
Gun Safety: Albemarle May Revise Gun Law
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"In the wake of a well-publicized cat shooting, Albemarle County authorities are mulling a revised version of a proposed county law that would make it illegal to shoot a gun within 200 yards of a home.

Currently, the county code bans the use of a gun only in parts of Albemarle zoned for residential use, such as most subdivisions or apartment complexes.

On July 25, Albemarle County Commonwealth’s Attorney Jim Camblos wrote a letter to the Board of Supervisors suggesting a review of that policy.

Camblos said the case of an Albemarle man who shot his next-door neighbors’ cat motivated him to write the letter.

On April 24, George A. Seymour Jr. was sitting with his wife on the back deck of their home in the Bentivar subdivision in northern Albemarle when he saw a cat in the backyard.

Seymour got a handgun and shot the cat, which turned out to be Carmen, the pet of his next-door neighbors.

During an emotional trial on Aug. 21, Seymour testified that he didn’t know Carmen was his neighbors’ cat and that he shot the animal to prevent it from jumping on his car, which he had taken home from the Charlottesville dealership he owns.

Seymour was convicted of misdemeanor animal cruelty and sentenced to 10 days in jail.

But he wasn’t charged with a firearms violation because Bentivar - like some other rural Albemarle subdivisions - is not among the areas affected by the county’s current gun ordinance, Camblos said.

In response to the July letter from Camblos, the county attorney’s office drafted a proposed law that would beef up the gun ordinance by banning the use of a gun within 200 yards of any home in the county.

“I’ve also had some complaints from constituents of mine about people shooting guns near homes in rural subdivisions,” said board Chairman Dennis S. Rooker.

At a Sept. 6 meeting, some members of the Board of Supervisors were reluctant to move the proposed law forward, and sent it back to county staff for another look.

“We added some additional exemptions and a provision that allowed the distance of 200 yards to be waived if you have prior written permission of the owner occupant of the dwelling,” said county attorney Larry Davis.

The current version of the proposed law includes other exemptions to the 200-yard rule, including:

• The discharge of a firearm in defense of person or property.

• Shooting on any target, trap or skeet range or hunting preserve existing on the day of the ordinance’s adoption.

• Use of a gun to shoot any “dangerous or destructive wild animal.”

• The discharge of firearms with blank cartridges in theatrical performances, sporting events or in salutes at military funerals.

The Commonwealth Attorney’s office and the Albemarle County police are currently reviewing the proposed changes, Davis said.

“We’ve been asked to basically conduct a staff study and see if it’s feasible,” said Lt. John Teixeira, a spokesman for the Albemarle County police.

The police department’s review will be passed on to the board when it is complete, Teixeira said.

The Board of Supervisors will likely vote in November on whether to hold a public hearing on the proposed ordinance, Rooker said.

Following the hearing, the board would vote again on whether to adopt the 200-yard rule, he said." (Rob Seal, The Daily Progress, September 27, 2006)


Comments? Questions? Write me at george@loper.org.