LaFave v Fairfax County - Carry ban in parks and at events

[Euler]

In November 2023, Kimberly LaFave and two others filed suit in the Federal District Court of Eastern Virginia facially challenging Fairfax County's ban on the carriage of firearms in county parks and at permitted public events.

In August 2024, the district court ruled for the county, stating that prohibiting firearms in parks is consistent with prohibitions in sensitive places and that the prohibition for public events is not unconstitutionally vague.

In September 2024, plaintiffs appealed to the Fourth Circuit Court of Appeals.

In August 2025, the appeals court affirmed the district court's ruling that the ban in parks is not facially unconstitutional. The appeals court vacated the district court's ruling with regard to public events, because (it said) plaintiffs did not have standing to bring the challenge in the first place. The sheriff had directed his deputies not to enforce the firearm ban at events if there were no notice of the ban posted. Therefore the plaintiffs were not at threat of arrest for carrying a firearm. Therefore the plaintiffs did not have standing to challenge the law.

[So if a law enforcement agency makes a policy decision not to enforce a law, perhaps because it's unjust, the people lose the ability to challenge the injustice of the law. I'm not impressed with the soundness of that argument.]

On October 30, plaintiffs asked to extend the deadline to file a petition for certiorari, from November 25 to December 26. (shadow docket)

[Euler]

On November 5, Chief Justice Roberts granted the extension.