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Thread: examiner.com - Virginia takes final action to legalize open carry in state parks

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    examiner.com - Virginia takes final action to legalize open carry in state parks

    http://www.examiner.com/article/virg...ry-state-parks

    SNIP

    In an announcement posted today in Virginia's Regulatory Town Hall, the Virginia Department of Conservation served notice to the public that the "[r]epeal of § 4VAC5-30-200 [which] prohibits the open carry of firearms in Virginia State Parks" will be published as a final rule on May 7th in Volume 28 Issue 18 of the Virginia Register of regulations. . . . This action by Virginia Governor Bob McDonnell's administration is the final chapter in a decade long regulatory fight to legalize gun carry in Virginia State Parks that spanned three state Governors and three Attorneys General. The legal journey began in 2002 by way of a Virginia Attorney General Opinion requested by then Delegate, and now Senator Dick Black (R - Leesburg).

    . . .

    But Virginia Citizens Defense League President Philip Van Cleave says "it's not over." There are still "a number of obscure state regulations banning gun carry without statutory authority and we are going to ferret them out," added Van Cleave.

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    Regular Member ocholsteroc's Avatar
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    But Virginia Citizens Defense League President Philip Van Cleave says "it's not over." There are still "a number of obscure state regulations banning gun carry without statutory authority and we are going to ferret them out," added Van Cleave.
    Meaning college carry?
    How come a DUI you can get your driver licence back, which it is a privilege. But if commiting a felon, even something non violent like stealing, you are denied your constitutional rights for the rest of your life?
    If you don't support the Second Amendment to the Constitution, what other parts of the Constitution do you reject?
    More restrictions on guns? how about restrictions on chainsaws and knives?

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    Snip:
    On September 26, 2008, then Attorney General McDonnell (Opinion 08-043) issued an opinion to then Senator Kenneth T. Cuccinelli, II that found that the Department of Conservation and Recreation has only such authority to restrict the open carrying of firearms which is expressly provided by law. The opinion stated that “I find no specific statutory authority granting the Department the authority to prohibit the open carrying of firearms in state parks."
    Finally!!! Although it took almost four years to be finalized (I almost entirely blame Kaine for that), this goes to show you what some simple contact with one of your representatives can accomplish. All it took was a letter to my State Senator at the time, Ken, asking him to request an AG opinion on the matter from Bob, and that got the ball rolling.

    The system does work (at least sometimes). Every citizens has the potential to be a difference-maker. So stay informed! Stay active! And stay involved!

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by VApatriot View Post
    Snip:

    Finally!!! Although it took almost four years to be finalized (I almost entirely blame Kaine for that), this goes to show you what some simple contact with one of your representatives can accomplish. All it took was a letter to my State Senator at the time, Ken, asking him to request an AG opinion on the matter from Bob, and that got the ball rolling.

    The system does work (at least sometimes). Every citizens has the potential to be a difference-maker. So stay informed! Stay active! And stay involved!
    The only reason the system worked VP, is beause we hounded that two faced SOB night and day. It would never have happened otherwise.

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    Regular Member TFred's Avatar
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    It's almost as if they think they're on some sort of a payment plan... trot out something for the "pro-gun" crowd every few months, just to remind us they're still there... and their opposition is still worse than they are.

    TFred

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    Regular Member TFred's Avatar
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    Amusing conclusion

    The last paragraph of the Agency Statement. Not only has there been no "blood in the streets," some people might even "feel safer," which is obviously the goal of any regulation of this nature in the first place...

    TFred

    Enforcement of 4VAC5-30-200 of the Virginia State Parks Regulations prohibiting the opencarry
    of firearms in state parks and natural area preserves ceased immediately in accordance with
    direction received from Governor McDonnell on January 14, 2011. Since that time, the
    Department has not experienced any incidents directly related to cessation of enforcement of this
    regulatory section.
    As such, the health, welfare, and safety of the visitors to the Department’s
    properties as well as their recreational enjoyment of the lands and facilities has not been
    diminished as a result of the cessation of enforcement of this regulation and accordingly no
    impacts are anticipated associated with the formal repeal of this section. Additionally, some
    visitors may feel safer
    as a result of their ability to open carry firearms on the Department’s
    properties.

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    Campaign Veteran skidmark's Avatar
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    Not only honesty in government, but a lack of desembling? It must be a dream, but if it is please do not awaken me.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

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    ----Allahpundit

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    Regular Member MNMGoneShooting's Avatar
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    Is this immediate?

    Am I correct in my understanding that this is effective now?

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by MNMGoneShooting View Post
    Am I correct in my understanding that this is effective now?
    We have to define "this".

    The rule change above is not in effect yet. It has to go through the entire process and in the case of the VDOF change, can take a very long time.....However,

    McDonnell sent a letter to Parks a year ago (Not sure of the date), that I published here, ordering the Director to cease enforcement of the rule.

    So no, the rule is still on the books but, yes it is no longer being enforced. Confused yet?
    Last edited by peter nap; 04-29-2012 at 09:22 AM.

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    Quote Originally Posted by MNMGoneShooting View Post
    Am I correct in my understanding that this is effective now?
    the actual repeal will likely be effective 60 days after publication in the register.

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by Mike View Post
    the actual repeal will likely be effective 60 days after publication in the register.
    Assuming they don't extend the comment period, or the anti's don't convince a member of the legislature to intervene or the stars don't align and McDonnell doesn't submit his paperwork or assuming Parks doesn't put it on the back burner like VDOF did.

    That's a lot of assuming under an Administration best know for back sliding.
    Last edited by peter nap; 04-29-2012 at 09:53 AM.

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