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Thread: VA Creeper Trail Question

  1. #1
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    VA Creeper Trail Question

    Previously on this forum, I had asked if it is legal to carry a handgun on the Virginia Creeper Trail (yes, I have a handgun carry permit from a state Virginia recognizes). I noticed on this website that one of the rules for the Creeper Trail says "On the Abingdon to Damascus portion of the trail, hunting or carrying firearms is prohibited at all times."

    http://www.vacreepertrail.us/rules.html

    So, is it legal to carry a handgun on the VA Creeper Trail? If so, then why does the website for the Creeper Trail seem to say otherwise?
    "Eternal vigilance is the price of liberty."
    "All that is necessary for evil to triumph is for good men to do nothing."
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    Moderator / Administrator Grapeshot's Avatar
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    Some of the trail passes through private property.

    "The Virginia Creeper Trail is a combined effort of many organizations and passes through several city and county jurisdictions not to mention private property. From the trail head in Abingdon to Damascus, the City of Abingdon and the Town of Damascus maintain and support the trail with the cooperation of the property owners. From Damascus to the NC State line the US Forest Service maintains the trail in cooperation the the property owners."
    http://www.vacreepertrail.com/information/geninfo.htm
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    Quote Originally Posted by Grapeshot View Post
    Some of the trail passes through private property.

    "The Virginia Creeper Trail is a combined effort of many organizations and passes through several city and county jurisdictions not to mention private property. From the trail head in Abingdon to Damascus, the City of Abingdon and the Town of Damascus maintain and support the trail with the cooperation of the property owners. From Damascus to the NC State line the US Forest Service maintains the trail in cooperation the the property owners."
    http://www.vacreepertrail.com/information/geninfo.htm
    I don't remember any of the private property owners posting "no weapons".

    Plus, even if the trail passes through private property, is the trail itself public park property?
    "Eternal vigilance is the price of liberty."
    "All that is necessary for evil to triumph is for good men to do nothing."
    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." Ben Franklin

  4. #4
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Nascar24Glock View Post
    I don't remember any of the private property owners posting "no weapons".

    Plus, even if the trail passes through private property, is the trail itself public park property?
    To my knowledge, none of the private property is posted by the owners (or anyone else). Even if it were, one would only be exposed to trespassing charge upon refusing to leave any section owned privately. Bear in mind that one cannot tell where they move from public to private land.

    Some of the trail is probably somewhat like a public park w/o being designated as such. Think it is more like a pedestrian thoroughfare/right of way where the public has the limited right of use - similar to the public sidewalks around MCV or VCU.

    The sections actually owned by a municipality are restricted from forbidding guns by Virginia's preemption statute:
    http://law.justia.com/codes/virginia.../15.2-915.html

    Though the entire trail is maintained by several different entities, I see nothing authorizing such a rule as they suggest (no weapons/guns) either in the Code of Virginia or in the Virginia Administrative Code - the first being statute law, the latter a rule making procedure under the executive branch.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by Grapeshot View Post
    To my knowledge, none of the private property is posted by the owners (or anyone else). Even if it were, one would only be exposed to trespassing charge upon refusing to leave any section owned privately. Bear in mind that one cannot tell where they move from public to private land.

    Some of the trail is probably somewhat like a public park w/o being designated as such. Think it is more like a pedestrian thoroughfare/right of way where the public has the limited right of use - similar to the public sidewalks around MCV or VCU.

    The sections actually owned by a municipality are restricted from forbidding guns by Virginia's preemption statute:
    http://law.justia.com/codes/virginia.../15.2-915.html

    Though the entire trail is maintained by several different entities, I see nothing authorizing such a rule as they suggest (no weapons/guns) either in the Code of Virginia or in the Virginia Administrative Code - the first being statute law, the latter a rule making procedure under the executive branch.
    My guess it's just a general statment concerning the National Forest during non hunting season. Even that would be allowed with one of those C things.

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    Campaign Veteran skidmark's Avatar
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    The Virginia Creeper Trail is a combined effort of many organizations and passes through several city and county jurisdictions not to mention private property. From the trail head in Abingdon to Damascus, the City of Abingdon and the Town of Damascus maintain and support the trail with the cooperation of the property owners. From Damascus to the NC State line the US Forest Service maintains the trail in cooperation the the property owners."
    http://www.vacreepertrail.com/information/geninfo.htm
    There ^^ is your posting. You are on record as having read it.

    stay safe.
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    So any restrictions appear to be attributable to the National Forest's involvement, following VA DGIF's stupid restrictions, eh?
    http://forum.opencarry.org/forums/sh...=1#post1272222
    *I am not a lawyer. Nothing from me shall be construed as a magic cloak of legal advice. It's ultimately your tucas that's on the line. Keep examining the law anyway. The gov't, made up of people like us, is supposed to work for us, not against us. Let's find, correct, and avoid the wrongs before they're actively used against us, or we become innocently trapped by them. We're to be the masters. Let's vigilantly keep tabs on our servants who seek to rule us.

  8. #8
    Campaign Veteran skidmark's Avatar
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    Some do. Some are the policy of private property owners.

    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.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

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