imported post
Neplusultra wrote:
It would still be CC only right? At least in VA.
If only we had an authoritative answer...
The "old" rule, which has since been removed from the register, issued in December 2008, after President Bush's EO#?????? read:
Title 36 - Parks, Forests, and Public Property
Chapter 1 - National Park Service, DOI
Part 2 - Resource Protection, Public Use, and Recreation
2.4 Weapons traps and nets. (new paragraph (h))
(h) Notwithstanding any other provision in this Chapter, a person may possess, carry, and transport concealed, loaded, and operable firearms within a national park area in accordance with the laws of the state in which the national park area, or that portion thereof, is located, except as otherwise prohibited by applicable federal law."
The current law reads (minus the Congressional findings sub-section):
(b) Protecting the Right of Individuals To Bear arms in Units of the National Park System and the National Wildlife Refuge System- The Secretary of the Interior shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm including an assembled or functional firearm in any unit of the National Park System or the National Wildlife Refuge System if--
(1) the individual is not otherwise prohibited by law from possessing the firearm; and
(2) the possession of the firearm is in compliance with the law of the State in which the unit of the National Park System or the National Wildlife Refuge System is located.
I have yet to see any citation or explanation of why open carry would be prohibited in a NP or NWR as of Monday, February 22, 2010 under current Virginia law.
The only area where I see it even remotely possible for only concealed carry to be permitted is through the Virginia Department of Conservation and Recreation. In 4VAC5-30-10, "park" is defined as:
"Park" means, unless specifically limited, all designated parks, parkways, historical and natural areas, sites, and other recreational areas under the jurisdiction of the Department of Conservation and Recreation.
4VAC5-30-200, as most of us know already, reads:
No person except employees, police officers, or officers of the department shall carry or possess firearms of any description, or airguns, within the park. This regulation shall not apply in areas designated for hunting by the Department of Conservation and Recreation. This regulation also shall not apply to the carrying of concealed handguns within state parks by holders of a valid concealed handgun permit issued pursuant to § 18.2-308 of the Code of Virginia.
So, is any National Park or National Wildlife Refuge in any case, either completely or partially, under the jurisdiction of the VA DCR?
If not, then open carry will
almost certainly be legal.