Find below the text of an e-mail to Fairfax County Police about using the Flower Shot (linked) product, and their reply. I have removed the individual officer's specific information because this IS the internet, after all.
[This email message was generated from a Web form submission by a Fairfax County website user at https://www.fairfaxcounty.gov/
Message:Out of sheer curiosity, how would one use this product in suburban Fairfax County without getting to meet our fine officers under less than ideal circumstance?
You may have seen this on Facebook, as it's making the rounds. I was browsing and came across this and immediately imagined myself walking around my front yard, shotgun in hand, in the lovely spring sunshine planting round after round of seed into my flowerbeds. This sounded like fun initially, until I looked out the front window and was reminded that I live in a very suburban area and planting the flowers in my really, quite lovely flowerbeds in this manner would likely cause no end of consternation amongst my closer neighbors, not to mention my wife. Further, I imagined the frankly tense conversation I would shortly be having with one or more of Fairfax County's finest. At that point, I began wondering how said officer would react to my calm explanation that this was no longer a firearm, it was now a gardening utensil and should therefore be no cause for alarm; the flowerbeds will be lovely.
Deciding that rather than ruin a perfectly wonderful pre-spring afternoon having this conversation and not getting on with planting my flowerbeds was less than ideal, I pose the following questions:
1: Does use of a shotgun to plant seeds in this way turn the shotgun into a gardening utensil (and thus not a firearm) for law enforcement purposes?
2: Would use of this product in the suburbs of Fairfax County be lawful/legal?
3: I am operating under the assumption that planting seeds in my flowerbeds with this product is a monumentally bad idea, so I WILL NOT be doing this. Promise. But I am compelled to ask; what course of action would be recommended for someone who was planting their flowerbeds this way when Fairfax County Police arrive to ask why they are doing so?
RE: Use of "Flower Shell" Product in Fairfax county
Officer
To: "BLOG@.com" <>
Please note, the officer may issue a summons if he/ she believes a crime was committed. The
conclusion I draw from the information you provided lends me to believe the action is unlawful not
withstanding a few exceptions listed in County Code 612.
1. The shotgun is still a weapon. In the video, it is used to fire a ‘projectile’ (seeds instead of pellets).
The ‘explosion’ occurs when the firing pin strikes the primer.
2. I will refer you to Section 612 of the Code of Fairfax County. You will read there are some
approved areas. Not knowing where you live makes it difficult to determine legality.
3. First, I would recommend whomever is planting seeds this way to follow the officer’s direction. While
this practice may be common for some in other parts of the US, I am unfamiliar with any such activity
in Fairfax County. Also, considering the act may be a criminal offense and absent clear officer
direction, I would advise either slinging the shotgun over your shoulder or placing it on the ground.
I have provided the mentioned County codes should you wish to read further and thank you for sharing
the video. Very interesting.
Respectfully,
Fairfax County Police Department
Public Information Office
4100 Chain Bridge Road – 7th Floor
Fairfax, Virginia 22030
Section 611. Definitions.
Firearm means any weapon that will, or is designed to, or may be readily converted to, expel a
projectile or projectiles by the action of any explosive; provided, that stud nailing guns, rivet guns and
similar construction equipment neither designed nor intended as weapons, shall not be deemed
firearms.
Section 612. Hunting or discharge of firearms in certain places prohibited; exceptions.
(a) It shall be unlawful for any person to shoot any gun in any areas of the County which are so heavily
populated as to make such conduct dangerous. Except as otherwise provided herein, it shall be unlawful to discharge any gun:
(1) In all areas of the County except those areas which are exempted in accordance with Appendix J
to the Fairfax County Code;
(2) On any lot of real property containing less than twenty acres; and
(3) On any parcel of land which is not posted with signs giving reasonable notice that guns are in use
on that parcel of land and that no trespassing is allowed. Such signs shall be placed where they can
reasonably be seen. However, if firearms are in use on only a portion of any parcel of land which
meets the acreage and other requirements of the term "parcel of land," as defined by Section 611,
then only that portion of that parcel of land on which firearms are used shall be posted with signs.
(b) It shall be unlawful for any person to hunt with a gun any bird or game animal on or within 100
yards from any primary or secondary highway. A violation of this Subsection shall be punishable as a
Class 3 misdemeanor.
(c) It shall be unlawful for any person to shoot or hunt with a gun on any public school ground or any
public park or on any area within 100 yards of any public school ground or public park. It shall be
unlawful for any person who is hunting with a loaded gun to traverse any public school ground or
public park or to be within 100 yards from any such school ground or park. A violation of this
Subsection shall be punishable as a Class 4 misdemeanor. This Subsection shall not prohibit either (i)
the lawful possession of a firearm when such firearm is carried for purposes of personal safety or (ii)
the lawful possession of a firearm on a public highway within 100 yards of any public school ground or
public park. Nothing in this Subsection shall apply to: (i) recreational shooting on gun ranges at any
public school operated by or with the approval of that school; (ii) recreational shooting on gun ranges
at any public park operated by or with the approval of the owner of the park; (iii) shooting of a starting
pistol at an athletic event on any public school grounds or public park and which is conducted with the
approval granted by the owner of that school or park property; or (iv) lands within a national or state
park or forest, or wildlife management area.
(d) It shall be unlawful for any person to hunt with a shotgun loaded with slugs. A violation of this
Subsection shall be punishable as a Class 3 misdemeanor.
(e) Except for those persons who are on a parcel of land that is registered in accordance with Section
613 and who hunt with shotguns loaded with multiple ball shot, it shall be unlawful for any person to
hunt with a firearm which has a barrel caliber larger than a nominal 0.224 inches or to hunt with a gun
and ammunition combination having a muzzle energy greater than a .22 caliber rimfire cartridge. A
violation of this Subsection shall be punishable as a Class 3 misdemeanor.
(f) It shall be unlawful for any person to discharge any gun from or across any highway, sidewalk or
any public land except on a properly constructed target range.
(g) Notwithstanding the provisions of Subsections (a) through (f) of this Section, the following acts shall
not be violations of this Section:
(1) Hunting with a shotgun, when such shotgun is loaded entirely with ammunition consisting of
multiple ball shot on a parcel of land for which the land owners, tenants in possession or agents of
such landowners and tenants have been issued an approved registration pursuant to Section 613
and when such hunting is carried out in accordance with the terms and conditions of such registration
and this Chapter; provided, however, that such parcel of land complies with the requirement to post
appropriate signs in accordance with Subsection (a)(3) of this Section.
(2) Recreational shooting with any gun by any person who has an approved registration from the Chief
of Police and who is shooting on a parcel of land in accordance with that registration.
(3) Shooting or discharge of any gun upon a lawful target, trap or skeet range, or hunting preserve,
when such shooting is in accordance with the provisions of any approved registration.
(4) Shooting or discharge of any gun by any law enforcement officer acting in the performance of the
duties of a law enforcement agency. For the purposes of this Section the term "law enforcement
officer" includes any person defined as a law enforcement officer pursuant to Virginia Code § 9.1101
and any animal control officer acting in the performance of his or her duty.
(5) Discharge of any gun in an entirely indoor target range, provided that adequate provisions are
made to retain within the structure all projectiles discharged.
(6) Discharge of any gun for the purpose of protecting any person from death or great bodily harm.
(7) Discharge of any firearm or starting pistol loaded with a blank cartridge, or other ammunition, not
resulting in the expulsion of a projectile or projectiles.
(8) Discharge of any gun pursuant (i) to an approved registration issued by the Chief of Police or (ii)
pursuant to a permit issued in accordance with Virginia Code § 29.1529 and with an approved
registration issued by the Chief of Police, if the discharge is on a parcel of land that contains at least
five acres and is zoned for agricultural use; or (iii) pursuant to authorization issued in accordance with
4 VAC 1540240 by the Director of the Department of Game and Inland Fisheries.
(9) Shooting or discharge of a gun by any representative of the Virginia Department of Game and
Inland Fisheries in the performance of duty for scientific collection or wildlife management purposes.
(51960, § 2; 91460; 9562; 9766; 102666; 62569; 8471; 1961 Code, § 282; 27428; 8
836; 43936, § 1; 21946; 39966, § 1; 24046.)
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