t33j
Regular Member
imported post
The following is a response from Mr. Warren Wahl to my inquiry about where the department of conservation and recreation derives the authority to enact a ban on those without CHPs. Turns out that's not quite the story.
Dear Me:
Please pardon the tardiness of my response. I was out last week and just saw your e-mail yesterday and was checking for developments that may have occurred in my absence. You will see to what I refer below.
First let me answer your stated question directly. The regulation to which you refer is §4VAC5-30-200.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+reg+4VAC5-30-200
This regulation has been in place in some form since at least the late 60's and probably longer.
§10.1-104(4), link below, is the Code of Virginia section from which the Department derives its authority to make regulations.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+10.1-104
Now follows the internal details in which you may or may not have interest. When Governor McDonnell was the Attorney General he opined that §18.2-287.4 COV stated the entire intent of the General Assembly to limit the ability to carry firearms on public parks and therefore it superseded our Department's ability to restrict it further. There were more nuances, but that is the heart of it. Former Governor Kaine did not accept that opinion and directed our agency to continue enforcing the regulation as you presently see it. This obviously elevated the point at which the decision had to be made and was the last direction we received on this issue.
Shortly after Governor McDonnell took office, we sent a reminder "upline" of the status of this situation assuming his position had not changed. Governor McDonnell has not yet provided additional direction. So, we are proceeding as last directed and enforcing the regulation as it exists.
The following is purely speculation on my part and please do not mistake it for anything more certain. I suspect the Governor may be dealing with this issue in a far broader manner and may not want to highlight simply a state park issue at this time. I suspect from your question, you may be pleased by the ultimate outcome. As a result, I respectfully suggest, we should probably all give the Governor the opportunity to deal with this in the manner and time frame he believes to be appropriate. Clearly, our agency is obligated to do so under any circumstance.
I hope this is helpful. If there is any further information we can provide, please write back.
The following is a response from Mr. Warren Wahl to my inquiry about where the department of conservation and recreation derives the authority to enact a ban on those without CHPs. Turns out that's not quite the story.
Dear Me:
Please pardon the tardiness of my response. I was out last week and just saw your e-mail yesterday and was checking for developments that may have occurred in my absence. You will see to what I refer below.
First let me answer your stated question directly. The regulation to which you refer is §4VAC5-30-200.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+reg+4VAC5-30-200
This regulation has been in place in some form since at least the late 60's and probably longer.
§10.1-104(4), link below, is the Code of Virginia section from which the Department derives its authority to make regulations.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+10.1-104
Now follows the internal details in which you may or may not have interest. When Governor McDonnell was the Attorney General he opined that §18.2-287.4 COV stated the entire intent of the General Assembly to limit the ability to carry firearms on public parks and therefore it superseded our Department's ability to restrict it further. There were more nuances, but that is the heart of it. Former Governor Kaine did not accept that opinion and directed our agency to continue enforcing the regulation as you presently see it. This obviously elevated the point at which the decision had to be made and was the last direction we received on this issue.
Shortly after Governor McDonnell took office, we sent a reminder "upline" of the status of this situation assuming his position had not changed. Governor McDonnell has not yet provided additional direction. So, we are proceeding as last directed and enforcing the regulation as it exists.
The following is purely speculation on my part and please do not mistake it for anything more certain. I suspect the Governor may be dealing with this issue in a far broader manner and may not want to highlight simply a state park issue at this time. I suspect from your question, you may be pleased by the ultimate outcome. As a result, I respectfully suggest, we should probably all give the Governor the opportunity to deal with this in the manner and time frame he believes to be appropriate. Clearly, our agency is obligated to do so under any circumstance.
I hope this is helpful. If there is any further information we can provide, please write back.
