imported post
nova wrote:
wylde007 wrote:
1. Holstered. On my hip.
2. State "Law" is under the Administrative Code. I don't know what consequences would accompany a violation.
Most likely a tresspass charge if you refuse to leave but I really have no idea.
It would be a class 3 misdemeanor. The penalty is defined in the Code of Virginia cited below:
Title 10.1 - CONSERVATION.
§ 10.1-104. Powers of the Department.
A. The Department shall have the following powers, which may be delegated by the Director:
1. To employ such personnel as may be required to carry out those duties conferred by law;
2. To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers, including but not limited to contracts with private nonprofit organizations, the United States, other state agencies and political subdivisions of the Commonwealth;
3. To accept bequests and gifts of real and personal property as well as endowments, funds, and grants from the United States government, its agencies and instrumentalities, and any other source. To these ends, the Department shall have the power to comply with such conditions and execute such agreements as may be necessary, convenient or desirable;
4. To prescribe rules and regulations necessary or incidental to the performance of duties or execution of powers conferred by law;
5. To establish noncompetitively procured contracts, notwithstanding the Virginia Public Procurement Act (§
2.2-4300 et seq.), with private nonprofit organizations that are exempt from federal taxation, to conduct revenue producing activities on Department lands provided the revenue generated after expenses is used to benefit Virginia State Parks and the Natural Area Preserve System. This subsection shall not provide for establishing contracts for capital improvements to state-owned facilities or on Department lands;
6. To perform acts necessary or convenient to carry out the duties conferred by law; and
7. To assess civil penalties for violations of §
10.1-200.3.
B. Pursuant to the Administrative Process Act (§ 2.2-4000 et seq.), the Department may promulgate regulations necessary to carry out the purposes and provisions of this subtitle. A violation of any regulation shall constitute a Class 1 misdemeanor, unless a different penalty is prescribed by the Code of Virginia. However, a violation of the Virginia State Park Regulations (4 VAC 5-30-10 et seq.) shall constitute a Class 3 misdemeanor.
And just to further clarify what a Class 3 misdemeanor means:
§ 18.2-11. Punishment for conviction of misdemeanor.
The authorized punishments for conviction of a misdemeanor are:
(a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.
(b) For Class 2 misdemeanors, confinement in jail for not more than six months and a fine of not more than $1,000, either or both.
(c) For Class 3 misdemeanors, a fine of not more than $500.
(d) For Class 4 misdemeanors, a fine of not more than $250.
For a misdemeanor offense prohibiting proximity to children as described in subsection A of §
18.2-370.2, the sentencing court is authorized to impose the punishment set forth in subsection B of that section in addition to any other penalty provided by law.
