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Thread: Oh, so now DGIF ARE empowered to infringe on our RKBA?!?!

  1. #1
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    Oh, so now DGIF ARE empowered to infringe on our RKBA?!?!

    From VCDL Legislative Update, HB1096 passed into law:
    Whereas The forestry and park services were able to be challenged on their anti-gun policies based on no authority to restrict carrying, now the VA DGIF has been legislatively given the power to continue to do so, with the addition of:

    "Such regulations may govern the possession, carrying, transportation, and storage of firearms, ammunition, or components or combinations thereof."
    <smh>
    http://lis.virginia.gov/cgi-bin/legp...l+HB1096H1+hil
    *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.

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    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by ChristCrusader View Post
    From VCDL Legislative Update, HB1096 passed into law:
    Whereas The forestry and park services were able to be challenged on their anti-gun policies based on no authority to restrict carrying, now the VA DGIF has been legislatively given the power to continue to do so, with the addition of:

    "Such regulations may govern the possession, carrying, transportation, and storage of firearms, ammunition, or components or combinations thereof."
    <smh>
    http://lis.virginia.gov/cgi-bin/legp...l+HB1096H1+hil
    For us non-Virginians interested in states other than ours, what is DGIF?

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    Quote Originally Posted by BB62 View Post
    For us non-Virginians interested in states other than ours, what is DGIF?
    Department of Game and Inland Fisheries
    Alma 43:47 - "And again, the Lord has said that: Ye shall defend your families even unto bloodshed...."
    Self defense isn't just a good idea, it's a commandment.

  4. #4
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    You're just now noticing this? I posted on this same issue one month ago today.

    http://forum.opencarry.org/forums/sh...tory-Authority

  5. #5
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    Department of Game & Inland Fisheries
    Revelation 1911 - And I saw heaven opened, and behold a white horse; and he that sat upon him was called Faithful and True, and in righteousness he doth judge and make war.

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    Quote Originally Posted by jmelvin View Post
    You're just now noticing this? I posted on this same issue one month ago today.

    http://forum.opencarry.org/forums/sh...tory-Authority
    Yes, thank you for your heads up, but I've noticed too little too late with its announcement as already being passed by the general Assembly.
    *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.

  7. #7
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    Take a look at the actual language of the bill. Note that the Senate provided one amendment that was engrossed into the language at Line 28:

    http://lis.virginia.gov/cgi-bin/legp...l+HB1096H1+pdf

    Senate amendment:

    http://lis.virginia.gov/cgi-bin/legp...+amd+HB1096ASE

    The language is significant, because DGIF's authority to make regulations regarding firearms are purely related to hunting and fishing only.

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    Quote Originally Posted by jmelvin View Post
    Take a look at the actual language of the bill. Note that the Senate provided one amendment that was engrossed into the language at Line 28:

    http://lis.virginia.gov/cgi-bin/legp...l+HB1096H1+pdf

    Senate amendment:

    http://lis.virginia.gov/cgi-bin/legp...+amd+HB1096ASE

    The language is significant, because DGIF's authority to make regulations regarding firearms are purely related to hunting and fishing only.
    riiiiight, because "transportation, and storage of firearms, ammunition, or components or combinations thereof" is obviously hunting and fishing related?

    I don't see how that Senate amendment cited had/has any effect on the DGIF issue?

    If they're going to take the time to specifically legislate permission to DGIF to regulate the use of firearms as related to hunting and fishing, then they needed to further make the effort to delineate where they must stop, and not leave it to the Governor-appointed Board, that has already been over-reaching their mandate, to voluntarily decide that keeping and bearing should be left uninfringed.
    Last edited by ChristCrusader; 03-06-2016 at 10:17 AM.
    *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.

  9. #9
    Regular Member TFred's Avatar
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    Quote Originally Posted by ChristCrusader View Post
    riiiiight, because "transportation, and storage of firearms, ammunition, or components or combinations thereof" is obviously hunting and fishing related?

    I don't see how that Senate amendment cited had/has any effect on the DGIF issue?

    If they're going to take the time to specifically legislate permission to DGIF to regulate the use of firearms as related to hunting and fishing, then they needed to further make the effort to delineate where they must stop, and not leave it to the Governor-appointed Board, that has already been over-reaching their mandate, to voluntarily decide that keeping and bearing should be left uninfringed.
    Or, you might try making an HONEST post, by including the entire section to reveal the context, instead of selectively posting just a part, which devoid of context, completely changes the meaning.

    What do you think "Such regulations" is referring to here?

    TFred

    § 29.1-501. Promulgation of regulations; publication of proposed regulations or change therein; validation; evidentiary nature of publication.

    A. The Board may promulgate regulations pertaining to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of any wild bird, wild animal, or inland water fish, and the feeding of any game, game animals, or fur-bearing animals as defined in § 29.1-100, or the feeding of any wildlife that results in property damage, endangers any person or wildlife, or creates a public health concern. Such regulations may govern the possession, carrying, transportation, and storage of firearms, ammunition, or components or combinations thereof.

    ETA: We have enough REAL issues to deal with here. We don't need folks "crying wolf," distracting attention and resources away from those efforts that would actually do us harm.

    The REASON they added this particular section is to not REMOVE the existing authority DGIF has to regulate firearms within their hunting regulations. This bill removes overall authority from state agencies, but they were not prepared to take it away from DGIF, and their specific authority to regulate hunting use. This is really not a difficult concept.
    Last edited by TFred; 03-06-2016 at 10:32 AM.

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    Quote Originally Posted by TFred View Post
    Or, you might try making an HONEST post, by including the entire section to reveal the context, instead of selectively posting just a part, which devoid of context, completely changes the meaning.

    What do you think "Such regulations" is referring to here?

    TFred

    § 29.1-501. Promulgation of regulations; publication of proposed regulations or change therein; validation; evidentiary nature of publication.

    A. The Board may promulgate regulations pertaining to the hunting, taking, capture, killing, possession, sale, purchase, and transportation of any wild bird, wild animal, or inland water fish, and the feeding of any game, game animals, or fur-bearing animals as defined in § 29.1-100, or the feeding of any wildlife that results in property damage, endangers any person or wildlife, or creates a public health concern. Such regulations may govern the possession, carrying, transportation, and storage of firearms, ammunition, or components or combinations thereof.

    ETA: We have enough REAL issues to deal with here. We don't need folks "crying wolf," distracting attention and resources away from those efforts that would actually do us harm.

    The REASON they added this particular section is to not REMOVE the existing authority DGIF has to regulate firearms within their hunting regulations. This bill removes overall authority from state agencies, but they were not prepared to take it away from DGIF, and their specific authority to regulate hunting use. This is really not a difficult concept.
    Without enumerated permission to infringe on the RKBA, the Board has done so. Now the GA has enumerated it, without the necessary defined limit on their authority to regulate the firing of certain firearms using certain ammunition and components when hunting certain animals at certain times in certain places.

    Again, when the, "transportation, and storage of firearms, ammunition, or components or combinations thereof," has absolutely no direct bearing on the action of hunting, yet the GA irresponsibly cuts and pastes the firearms clause in total to include that, it illustrates that they've irresponsibly left the door too far open for the Board to continue to do what has been rightly argued against, that they have no authority to do so, before without such enumerated permission.

    They should have removed the Board's ability to restrict firearms kept in vehicles on their properties.
    They should have specified that regulations overlapping keeping and bearing were off limits except in the regulation of what arms could be employed (fired) in the act of hunting, or generally fired within the restricted lands.

    The Board has already been exceeding their mandate. This does nothing but further obfuscate their excess.
    Last edited by ChristCrusader; 03-06-2016 at 11:58 AM.
    *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.

  11. #11
    Regular Member HPmatt's Avatar
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    Politicians moving in - gonna have to ask permission, hire attorneys and lobbyists, etc...sad days.


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