November 2024 – Parks & Recreation - 32

LAW REVIEW
The Supreme Court has expressly
permitted courts to evaluate new
areas of firearm regulation through
the lens of the approved sensitive
places doctrine.
" use analogies to historical regulations
determine
that modern regulations
prohibiting
the
carry of
firearms in new and analogous
sensitive places are constitutionally
permissible. " In so doing, courts
would consider whether a modern
regulation would " cover a sensitive
place consistent with spaces that
are historically 'sensitive' as applied
to the Second Amendment. "
The Supreme Court had identiconfrontations
and encounters involving
firearms.
As a result, the court found 19th
century gun prohibitions were created
to protect spaces for leisurely
activities, which were analogous
to a park's gun prohibition. In the
opinion of the federal district court,
Fairfax County's Parks were similarly
" intended to serve as havens
for its residents " and the reason
" why guns are and were prohibited
in parks " consistent with " the Nation's
history and tradition " :
The County Parks are used by
children and adults for many activities,
not limited to school field
trips, sports activities, camping,
hiking, Earth Day celebrations,
election-related activities, protests,
and more.
Accordingly, in the opinion of
the federal district court the Park
Restriction Ordinance, which restricted
the right to bear arms in
public parks designated for recreation,
was aligned with how " the
Nation has historically restricted
the right to bear arms in public
parks. " The federal district court,
therefore,
held Fairfax County
had " satisfied its burden of proving
that the Ordinance reflects
this Nation's history and tradition
of prohibiting firearms in parks
from the Reconstruction Era to
the present. "
In making this determination,
the federal district court noted the
Park Ordinance did not restrict
the right to bear arms throughout
the County, only within County
Parks. Accordingly, since the Ordinance
only effected a gun ban,
in particular, public places (i.e.,
County Parks), the federal district
court found individuals would still
be allowed " to preserve an undiminished
right of self-defense by
not entering those places. "
Parks as " Sensitive Places "
In Bruen, the Supreme Court had
also instructed federal courts
32 Parks & Recreation | NOVEMBER 2 0 2 4 | PARK S ANDRECRE AT ION . OR G
fied well-settled " sensitive places "
where gun prohibitions are consistent
with the Second Amendment
absent a history and tradition of
gun regulation in these places, such
as schools, government buildings,
legislative assemblies, polling places
and courthouses. In addition, the
Supreme Court also has expressly
permitted courts to evaluate new
areas of firearm regulation through
the lens of the approved sensitive
places doctrine.
In this case, the federal district
court found the Ordinance regulated
firearms in County Parks,
" which are analogous to recognized
sensitive spaces, " in particular
schools:
About 4 million children visited
County Parks in 2023. Over
43,000 of the 4 million children
registered for summer camps at
the Parks. Summer camps have
many of the same characteristics
as schools, a well settled sensitive
place. Summer camps have the
same purpose of providing education
and socialization to children
and protecting children in
those spaces.
The County also operates three
preschools in County Parks, expressly
making them
to
sensitive
places. Additionally, over 43,000
of 'sensitive places' to

November 2024 – Parks & Recreation

Table of Contents for the Digital Edition of November 2024 – Parks & Recreation

November 2024 – Parks & Recreation - Intro
November 2024 – Parks & Recreation - Cover1
November 2024 – Parks & Recreation - Cover2
November 2024 – Parks & Recreation - 1
November 2024 – Parks & Recreation - 2
November 2024 – Parks & Recreation - 3
November 2024 – Parks & Recreation - 4
November 2024 – Parks & Recreation - 5
November 2024 – Parks & Recreation - 6
November 2024 – Parks & Recreation - 7
November 2024 – Parks & Recreation - 8
November 2024 – Parks & Recreation - 9
November 2024 – Parks & Recreation - 10
November 2024 – Parks & Recreation - 11
November 2024 – Parks & Recreation - 12
November 2024 – Parks & Recreation - 13
November 2024 – Parks & Recreation - 14
November 2024 – Parks & Recreation - 15
November 2024 – Parks & Recreation - 16
November 2024 – Parks & Recreation - 17
November 2024 – Parks & Recreation - 18
November 2024 – Parks & Recreation - 19
November 2024 – Parks & Recreation - 20
November 2024 – Parks & Recreation - 21
November 2024 – Parks & Recreation - 22
November 2024 – Parks & Recreation - 23
November 2024 – Parks & Recreation - 24
November 2024 – Parks & Recreation - 25
November 2024 – Parks & Recreation - 26
November 2024 – Parks & Recreation - 27
November 2024 – Parks & Recreation - 28
November 2024 – Parks & Recreation - 29
November 2024 – Parks & Recreation - 30
November 2024 – Parks & Recreation - 31
November 2024 – Parks & Recreation - 32
November 2024 – Parks & Recreation - 33
November 2024 – Parks & Recreation - 34
November 2024 – Parks & Recreation - 35
November 2024 – Parks & Recreation - 36
November 2024 – Parks & Recreation - 37
November 2024 – Parks & Recreation - 38
November 2024 – Parks & Recreation - 39
November 2024 – Parks & Recreation - 40
November 2024 – Parks & Recreation - 41
November 2024 – Parks & Recreation - 42
November 2024 – Parks & Recreation - 43
November 2024 – Parks & Recreation - 44
November 2024 – Parks & Recreation - 45
November 2024 – Parks & Recreation - 46
November 2024 – Parks & Recreation - 47
November 2024 – Parks & Recreation - 48
November 2024 – Parks & Recreation - 49
November 2024 – Parks & Recreation - 50
November 2024 – Parks & Recreation - 51
November 2024 – Parks & Recreation - 52
November 2024 – Parks & Recreation - 53
November 2024 – Parks & Recreation - 54
November 2024 – Parks & Recreation - 55
November 2024 – Parks & Recreation - 56
November 2024 – Parks & Recreation - Cover3
November 2024 – Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
https://www.nxtbookmedia.com