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Thread: VA-ALERT: BREAKING NEWS! AG: Open Carry OK in State Parks!

  1. #1
    Newbie W.E.G.'s Avatar
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    VA-ALERT: BREAKING NEWS! AG: Open Carry OK in State Parks!



    -----Original Message-----
    From: Philip Van Cleave
    Sent: Tuesday, September 30, 2008 1:06 PM
    Subject: VA-ALERT: BREAKING NEWS! AG: Open Carry OK in State Parks!


    VCDL had been aware that Senator Ken Cuccinelli put in a request
    several months ago for a formal opinion from Attorney General Bob
    McDonnell on whether it is legal to open carry in Virginia State Parks.

    The answer came in this morning and it is YES!

    VCDL expected that to be the case, but it was important for the
    Attorney General to actually rule on the issue.

    CAUTION: I am determining if this opinion has officially overridden
    the park regulation or if the park regulation must be rewritten before
    we can carry openly. SO, I SUGGEST NOT OPEN CARRYING IN STATE PARKS
    UNTIL I GET MORE INFORMATION.

    I have calls into Ken Cuccinelli's office, Virginia State Parks
    headquarters, and the Attorney General's Office and will put out
    alerts on this as necessary.

    VCDL would like to thank Senator Cuccinelli, who is running for
    Virginia Attorney General next year, for putting in that request for
    an Attorney General's Opinion and to Attorney General Bob McDonnell,
    who is running for Governor next year, for the well thought out opinion.

    Here is a link to the opinion:

    http://www.vcdl.org/pdf/08-043-Cuccinelli.pdf




    -------------------------------------------
    ************************************************** *************************
    VA-ALERT is a project of the Virginia Citizens Defense League, Inc.
    (VCDL). VCDL is an all-volunteer, non-partisan grassroots organization
    dedicated to defending the human rights of all Virginians. The Right to
    Keep and Bear Arms is a fundamental human right.

    VCDL web page: http://www.vcdl.org
    ************************************************** *************************

  2. #2
    Moderator / Administrator Grapeshot's Avatar
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    This is as it should be! Hopefully this will be clarified in short order.

    Yata hey
    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.

  3. #3
    Regular Member possumboy's Avatar
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    I like the following:

    "A person’s right to carry a firearm openly is considered universal within the Commonwealth, subject to definite and limited restrictions upon certain locations and classifications of individuals.29"

    29See generally § 18.2-283 (2004) (prohibiting carrying of weapons in places of religious worship); § 18.2-283.1 (Supp. 2008) (prohibiting carrying of weapons in courthouses); § 18.2-287.01 (Supp. 2008) (prohibiting carrying of weapons in air carrier airport terminals); § 18.2-308.1 (Supp. 2008) (prohibiting possession of weapons on school property); see also § 18.2-308.1:1 (Supp. 2008) (prohibiting possession of firearms by persons acquitted by reason of insanity); § 18.2-308.1:2 (2004) (restricting persons adjudicated incompetent from purchasing, possessing, and transporting firearms); § 18.2-308.1:3 (Supp. 2008) (prohibiting purchase, possession, and transportation of firearms by persons involuntarily committed); § 18.2-308.2 (Supp. 2008) (restricting convicted felons from purchasing, possessing, and transporting firearms).

  4. #4
    Moderator / Administrator Grapeshot's Avatar
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    Both Cuccinelli and McDonnell can have my vote.

    They would make quite a team in keeping the ball rolling.

    Yata hey
    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.

  5. #5
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    Grapeshot wrote:
    Both Cuccinelli and McDonnell can have my vote.

    They would make quite a team in keeping the ball rolling.

    Yata hey
    +1!

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    It should be noted for those that may scan the story that Caution should betaken not to open carry immediately before further clarification of the law!

    Although each person is responsible for their own actions I thought that this portion should be bolded

  7. #7
    Regular Member ProShooter's Avatar
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    boy you can sure tell that his letter was written by a lawyer.

    A simple "yes" would have sufficed!
    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
    Concealed Firearms Instructor for Virginia, Florida & Utah permits.
    NRA Certified Chief Range Safety Officer
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    Instructor Bio - http://proactiveshooters.com/about-us/

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    Who'd be up for a big cookout at Pocahontas, right in the field by the entrance, once we're in the clear? We should hit the peak summer time when all the families are going in to the pool. We could play "count the :what:".

  9. #9
    Moderator / Administrator Grapeshot's Avatar
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    ProShooter wrote:
    boy you can sure tell that his letter was written by a lawyer.

    A simple "yes" would have sufficed!
    In a perfect world maybe but then there are park employees, judges and LEOs that might not understand.

    Yata hey
    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.

  10. #10
    Regular Member Virginiaplanter's Avatar
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    Grapeshot wrote:
    Both Cuccinelli and McDonnell can have my vote.

    They would make quite a team in keeping the ball rolling.

    Yata hey
    Just remember when the DC&R was sued in Court over the same issue, and this same AG Bob McDonnell did all he could to defeat the suit so you couldn't open carry in a state park. He succeeded in that effort. Now that he has announced his run for Governor, he issues an opinion using the same points in the lawsuit by the Plaintiff to have the regulation overturned.


    Deeds...not Words or McDonnell

  11. #11
    Newbie cato's Avatar
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    Virginiaplanter wrote:
    Grapeshot wrote:
    Both Cuccinelli and McDonnell can have my vote.

    They would make quite a team in keeping the ball rolling.

    Yata hey
    Just remember when the DC&R was sued in Court over the same issue, and this same AG Bob McDonnell did all he could to defeat the suit so you couldn't open carry in a state park. He succeeded in that effort. Now that he has announced his run for Governor, he issues an opinion using the same points in the lawsuit by the Plaintiff to have the regulation overturned.


    Deeds...not Words or McDonnell
    Well, it was his job to defend the Parks Dept. in court. A lawyer doesn't have to believe his client is correct to do the best job he can for them in the legal system and limit their liabilities.

    I'm glad he ruled the way he did ina more neutral setting of an opinion when asked to do so.





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    Regular Member Virginiaplanter's Avatar
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    cato wrote:
    Virginiaplanter wrote:
    Grapeshot wrote:
    Both Cuccinelli and McDonnell can have my vote.

    They would make quite a team in keeping the ball rolling.

    Yata hey
    Just remember when the DC&R was sued in Court over the same issue, and this same AG Bob McDonnell did all he could to defeat the suit so you couldn't open carry in a state park. He succeeded in that effort. Now that he has announced his run for Governor, he issues an opinion using the same points in the lawsuit by the Plaintiff to have the regulation overturned.


    Deeds...not Words or McDonnell
    Well, it was his job to defend the Parks Dept. in court. A lawyer doesn't have to believe his client is correct to do the best job he can for them in the legal system and limit their liabilities.

    I'm glad he ruled the way he did ina more neutral setting of an opinion when asked to do so.



    Sorry, but the AG raised a Demurrer of a Plea in Sovereign Immunity. The raising of that plea is solely at the discretion of the Attorney General. It had nothing to do with the Defense of the Agency's regulation, only the defense of the Government against the sovereignty of the people; their Natural rights protected by the constitution versus his need to get elected to higher office. His plea of Sovereign immunity against the Virginia Bill of Rights was was later rejected by the Virginia Supreme Court in Gray v. Virginia Secretary of Transportation, __ Va., __ S.E.2d __ (2008), again using the same argument as the Plaintiff in the first State Parks case. His actions are indefensible in a free society.

    "They have sufficiently exposed their own Ignorance, Malice, & Impotence--The Clovenfoot has been too plainly seen to be again concealed;" - George Mason

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    I am EXTREMELY pleased to hear this news!

    This is a perfect example of why it is so important to contact your elected representatives whenyou findsomething that you believe to be wrong going on inour system ofgovernmental regulations. All it took to get the ball rolling on this AG opinion was a letter from myself to Senator Cuccinelli that simply pointed out the legality of open carry, the facts of preemption,and a request that he ask the AG for an official review of the policy that is currentlybeing enforced in state parks.

    I'll be giving three cheers nowand a vote next Novemberto both Attorney General Bob McDonnell and State Senator Ken Cuccinelli II!

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    It is only an opinion. We should work on getting it written into state law.

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    Accomplished Advocate peter nap's Avatar
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    kenny wrote:
    It is only an opinion. We should work on getting it written into state law.
    That's true Kenny but, it's a BIG step forward (I hope). After this, the WMA's!

  16. #16
    Moderator / Administrator Grapeshot's Avatar
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    peter nap wrote:
    kenny wrote:
    It is only an opinion. We should work on getting it written into state law.
    That's true Kenny but, it's a BIG step forward (I hope). After this, the WMA's!
    I always OC in WMAs .........in season.

    Yata hey
    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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    kenny wrote:
    It is only an opinion. We should work on getting it written into state law.
    I don't exactly agree that any newlaws need to be written. As I understood the wording of the current laws, the limit of the DCR's authority is already pretty clearly set forth, and the attorney general agreed that they hadexceeded the reach of theauthoritygranted to them by the general assembly.

  18. #18
    Regular Member Thundar's Avatar
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    VCDL had been aware that Senator Ken Cuccinelli put in a request
    several months ago for a formal opinion from Attorney General Bob
    McDonnell on whether it is legal to open carry in Virginia State Parks.

    The answer came in this morning and it is YES!

    VCDL expected that to be the case, but it was important for the
    Attorney General to actually rule on the issue.

    CAUTION: I am determining if this opinion has officially overridden
    the park regulation or if the park regulation must be rewritten before
    we can carry openly. SO, I SUGGEST NOT OPEN CARRYING IN STATE PARKS
    UNTIL I GET MORE INFORMATION.

    I have calls into Ken Cuccinelli's office, Virginia State Parks
    headquarters, and the Attorney General's Office and will put out
    alerts on this as necessary.

    VCDL would like to thank Senator Cuccinelli, who is running for
    Virginia Attorney General next year, for putting in that request for
    an Attorney General's Opinion and to Attorney General Bob McDonnell,
    who is running for Governor next year, for the well thought out opinion.

    Here is a link to the opinion:

    http://www.vcdl.org/pdf/08-043-Cuccinelli.pdf

    AG Opinion Readers Digest Opinion:

    Issue Presented
    You request guidance related to the authority of the Department of Conservation and Recreation to regulate the open carrying of firearms in state parks.1
    Response
    It is my opinion that the Department of Conservation and Recreation has only such authority to restrict the open carrying of firearms which is expressly provided by law.

    This is a big win!!! It calls for dancing bananas...

    :celebrate:celebrate:celebrate:celebrate:celebrate :celebrate:celebrate:celebrate:celebrate:celebrate

    and monkeys



    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    Regular Member Neplusultra's Avatar
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    http://tinyurl.com/4jbwxn


    Virginia's Attorney General Releases Opinion
    Standing-Up for the Second Amendment!October 1, 2008
    Attorney General Bob McDonnell released an opinion in response to a request by State Senator Ken Cuccinelli (R-37) on whether or not the Virginia Department of Conservation and Recreation has the authority to regulate the open carrying of firearms in state parks.
    In his official opinion, Attorney General McDonnell found that, "no specific statutory authority granting the Department the authority to prohibit the open carrying of firearms in state parks. A person's right to carry a firearm openly is considered universal within the Commonwealth, subject to definite and limited restrictions upon certain locations and classifications of individuals."

    AttyGenMcDonnell2ndAmend 01/10/2008,21:32 65.51 Kb


    Edit: I hope this isn't old news....:^)

  20. #20
    Moderator / Administrator Grapeshot's Avatar
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    Neplusultra wrote:
    http://tinyurl.com/4jbwxn


    Virginia's Attorney General Releases Opinion
    Standing-Up for the Second Amendment!October 1, 2008
    Attorney General Bob McDonnell released an opinion in response to a request by State Senator Ken Cuccinelli (R-37) on whether or not the Virginia Department of Conservation and Recreation has the authority to regulate the open carrying of firearms in state parks.
    In his official opinion, Attorney General McDonnell found that, "no specific statutory authority granting the Department the authority to prohibit the open carrying of firearms in state parks. A person's right to carry a firearm openly is considered universal within the Commonwealth, subject to definite and limited restrictions upon certain locations and classifications of individuals."

    AttyGenMcDonnell2ndAmend 01/10/2008,21:32 65.51 Kb


    Edit: I hope this isn't old news....:^)
    See thread linked following: http://opencarry.mywowbb.com/forum54/16734.html

    Yata hey
    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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