VA AG: The Right to open carry is considered universal within the Commonwealth

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My favorite quote from the opinion is "A person’s right to carry a firearm openly is considered universal within the Commonwealth"

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

VCDL Issued the Following Alert Today
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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.

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Keep in mind this opinion is just that an opinion. We need to get it written into state law.

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kenny wrote:

Keep in mind this opinion is just that an opinion. We need to get it written into state law.

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IMO - It is already statute law - preemption. Virginia State Parks has not been following such in their rules. Rewriting these rules will close this scene.

Yata hey

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Grapeshot wrote:

kenny wrote:

Keep in mind this opinion is just that an opinion. We need to get it written into state law.

Click to expand...

IMO - It is already statute law - preemption.

Click to expand...

Nope - statutory preemption only applies to localities, not state agencies.

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If it is decided we can OC in state parks, does that mean we can OC in National Forest, and possibly National Parks if the rule change occurs?

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possumboy wrote:

If it is decided we can OC in state parks, does that mean we can OC in National Forest, and possibly National Parks if the rule change occurs?

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The same regulation that bans OC in state parks except in areas allowed for hunting applies to other state lands and national forests. So, under the AG opinion, you can now open carry in thos places - but the reg is still on the books, so, you still could be charged, but, you could assert the AG opinion as (1) a persuasive authority that the reg is invalid, and if that fails, (2) assert your good faith reliance on the opinion as a defense to any charge..

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possumboy wrote:

If it is decided we can OC in state parks, does that mean we can OC in National Forest, and possibly National Parks if the rule change occurs?

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I think National Parks are still covered under federal regs.....Mike?

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Comp-tech wrote:

possumboy wrote:

If it is decided we can OC in state parks, does that mean we can OC in National Forest, and possibly National Parks if the rule change occurs?

Click to expand...

I think National Parks are still covered under federal regs.....Mike?

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Currently there is no carry in National Parks. If the rule change happens, it sound like it will follow what is allowed in National Forests.

I would wait until the regs has been removed before OC'ing in the National Parks.

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This has me thinking, would this opinion also apply to the other departments and agencies within the state government, i.e. VCU, George Mason, Dept of Health, etc? If the Dept of Conservation & Recreation (State Parks) cant make firearm regulations then the others shouldn't be able to either. Do you think that we can get the AG to make a ruling on this idea also?

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Mike wrote:

Grapeshot wrote:

kenny wrote:

Keep in mind this opinion is just that an opinion. We need to get it written into state law.

Click to expand...

IMO - It is already statute law - preemption.

Click to expand...

Nope - statutory preemption only applies to localities, not state agencies.

Click to expand...

Mike is right - as usual.

My bad - should engage brain before mouth. :?

Yata hey

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streetdoc wrote:

This has me thinking, would this opinion also apply to the other departments and agencies within the state government, i.e. VCU, George Mason, Dept of Health, etc? If the Dept of Conservation & Recreation (State Parks) cant make firearm regulations then the others shouldn't be able to either. Do you think that we can get the AG to make a ruling on this idea also?

Click to expand...

Now that is a truly inspired thought.

Suspect that might be too controversial before an election - they might not wish to polorize people that much. Then again to win our hearts and minds............

Yata hey