By Heather Michon
Editor
The Fluvanna County Board of Supervisors voted Wednesday night (Feb. 18) to reaffirm its 2019 resolution supporting the Second Amendment, reviving a debate that first swept through Virginia localities six years ago.
The resolution declares Fluvanna County a “Second Amendment sanctuary” and affirms the board’s support for the right to keep and bear arms under both the U.S. and Virginia constitutions.
It states that the county opposes laws it views as infringing on those rights and expresses the board’s intent to protect citizens’ constitutional freedoms to the fullest extent permitted by law.
The original resolution passed Dec. 11, 2019, following a series of sometimes-contentious public hearings. The vote was 3–2, with Tony O’Brien (Rivanna) and the late Mozell Booker dissenting.
Fluvanna was among roughly 130 Virginia localities, including 91 counties, that adopted similar resolutions between 2019 and 2022, amid fears that then-Gov. Ralph Northam and a Democratic-controlled General Assembly would enact stricter gun laws.
With Democrat Abigail Spanberger taking office as governor in January and Democrats again holding the General Assembly, some localities have moved to reaffirm those earlier declarations. At least 20 counties and municipalities have revisited the issue in recent weeks.
Reaffirming the resolution does not alter county ordinances or limit enforcement of state law. Under Virginia’s Dillon Rule framework, localities cannot override statutes adopted by the General Assembly. Like its 2019 predecessor, the sanctuary declaration serves primarily as a political statement of opposition to state-level gun restrictions rather than a legally binding directive.
“Legally, it doesn’t carry a lot of weight,” Mike Sheridan (Columbia) acknowledged. “But this is expressing our discontent of Richmond continuously telling us what we can or cannot do.”
The motion passed 4–1, with O’Brien voting no.
Bylaws
Following the previous week’s cancellation of a town hall after a third supervisor signaled he would attend, the board amended its bylaws to formally limit attendance at town halls and community meetings to no more than two supervisors.
The change is designed to avoid triggering Virginia’s Freedom of Information Act (FOIA), which can require advance public notice and open-meeting procedures when three or more members of a five-member board gather to discuss public business.
Under FOIA, more than two supervisors may attend an event without triggering open-meeting requirements, provided the gathering does not involve discussion or transaction of public business among three or more members.
However, County Attorney Dan Whitten recommended codifying the two-member limit, saying it would eliminate any risk of inadvertently crossing the FOIA threshold.
The board also amended its bylaws to clarify how zoning applicants may speak during public hearings.
Under the revised rules, planning staff will first introduce the item, followed by a presentation from the applicant. After the public hearing is opened and closed, the applicant will be allowed a rebuttal period limited to responding to issues raised during public comment — but may not introduce entirely new information at that stage.
For zoning matters deferred to a later meeting, applicants will no longer automatically receive presentation time. Instead, the board must first agree to hear updates before the applicant may speak.
The board also adopted formal deadlines for zoning materials.
Applicants must now submit presentation materials by the close of business on the Wednesday prior to a meeting, while staff reports are due by the Tuesday of meeting week.
The bylaws also specify that comments and presentations must be directly relevant to the matter under consideration, giving the chair clearer authority to keep hearings focused.
Taken together, the changes formalize procedures governing how board members engage with the public and how applicants present their cases. The bylaw amendments were approved 5–0.
Expressive Activity
The board also received an updated briefing on a proposed expressive activity policy, which would establish rules governing demonstrations, leafleting and other First Amendment activities on county-owned property.
Whitten told supervisors that Fluvanna currently has no formal written policy addressing such activity. Establishing clear guidelines would help staff respond consistently and reduce the risk of disputes over how expressive activity is managed on county property.
The draft framework discussed at earlier meetings would set guidelines for “time, place, and manner” restrictions at locations such as county parks, the fairgrounds, and other public facilities, while seeking to balance free-speech rights with public safety and operational concerns. Wednesday’s presentation did not introduce major changes from the prior draft, and no vote was taken. The proposal remains under review.
