virginiatuck
Regular Member
Outdoors/Wilderness Carry Status
Disclaimer: The following is provided for informational purposes only. It is not legal advice and I do not advocate that anyone does anything. The information is provided without warranty or guarantee of accuracy. If you want to truly understand a law, consult an attorney.
I have researched and compiled into a single place the current administrative laws that pertain to the possession, transportation, and carrying of handguns in Virginia State Forests, Parks, and Wildlife Management Areas; and National Forests, Parks, Wildlife Refuges, and Cemeteries located within Virginia. I have grouped these various places together into a single category because sometimes the lines between each is blurred either by regulatory hodgepodge or when some are located within, adjacent to, or near others. Corrections, additional information, and updates are welcome. I will edit this post to include such.
Please note that, with a few minor exceptions, statutory laws such as those within VA Title 18.2 or USC Title 18 are not cited here, but they still apply within any of these places. The focus of this page is on administrative laws as they pertain to the possession, transportation, and carrying of handguns within the aforementioned areas.
Virginia State Forests
Managed and regulated by the Virginia Department of Forestry
Virginia State Forest Preliminary Summary:
Open Carry: OK, during hunting season.
Concealed Carry: OK with a valid permit issued pursuant to § 18.2-308
Unloaded and cased: OK
4VAC10-30-170. Explosives, Fires, etc.
No person shall bring into or have in any forest any explosive or explosive substance. This regulation shall not apply to the lawful carrying of firearms and firearms ammunition.
Pending Amendment - Requirements for Carrying Handguns in State Forests ** UPDATE ** The law was amended to allow the lawful carrying of firearms and ammunition.
Note: State Parks are located within three State Forests.
Virginia State Parks
Managed and regulated by the Virginia Department of Conservation and Recreation
Virginia State Park Preliminary Summary:
Open Carry: OK
Concealed Carry: OK with a valid permit issued pursuant to § 18.2-308
Unloaded and cased: OK
4VAC5-30-200. Firearms.
--repealed--
Fmr. Attorney General of Virginia, Robert F. McDonnell opinion that:
"[T]he Department of Conservation and Recreation has only such authority to restrict the open carrying of firearms which is expressly provided by law."
Note: State Parks are located within three State Forests.
Virginia Wildlife Management Areas
Managed and regulated by the Virginia Department of Game and Inland Fisheries
Virginia Wildlife Management Areas Preliminary Summary:
Open Carry: OK during lawful hunting seasons, when not in a vehicle.
Open Carry in portions of the Hog Island WMA: NO, except while lawfully hunting with a special permit.
Concealed Carry: OK with a valid permit issued pursuant to § 18.2-308
Concealed Carry in portions of Hog Island WMA: NO, except while lawfully hunting with a special permit.
Unloaded and cased: OK
Unloaded and cased in portions of Hog Island WMA: OK
4VAC15-40-60. Hunting with dogs or possession of weapons in certain locations during closed season.
A. Department-owned lands west of the Blue Ridge Mountains and national forest lands statewide. It shall be unlawful to have in possession a bow, crossbow, or any firearm that is not unloaded and cased or dismantled on all national forest lands statewide and on department-owned lands and on other lands managed by the department under cooperative agreement located in counties west of the Blue Ridge Mountains except during the period when it is lawful to take bear, deer, grouse, pheasant, quail, rabbit, raccoon, squirrel, turkey, or waterfowl on these lands.
B. Department-owned lands east of the Blue Ridge Mountains. It shall be unlawful to have in possession a bow, crossbow, or any firearm that is not unloaded and cased or dismantled on department-owned lands and on other lands managed by the department under cooperative agreement located in the counties east of the Blue Ridge Mountains except during the period when it is lawful to take bear, deer, grouse, pheasant, quail, rabbit, raccoon, squirrel, turkey, waterfowl or migratory gamebirds on these lands.
C. Certain counties. Except as otherwise provided in 4VAC15-40-70, it shall be unlawful to have either a shotgun or a rifle in one's possession when accompanied by a dog in the daytime in the fields, forests or waters of the counties of Augusta, Clarke, Frederick, Page, Shenandoah and Warren, and in the counties east of the Blue Ridge Mountains, except Patrick, at any time except the periods prescribed by law to hunt game birds and animals.
D. Shooting ranges and authorized activities. The provisions of this section shall not prohibit the conduct of any activities authorized by the board or the establishment and operation of archery and shooting ranges on the lands described in subsections A, B and C of this section.The use of firearms, crossbows, and bows in such ranges during the closed season period will be restricted to the area within the established range boundaries. Such weapons shall be required to be unloaded and cased or dismantled in all areas other than the range boundaries. The use of firearms, crossbows, or bows during the closed hunting period in such ranges shall be restricted to target shooting only and no birds or animals shall be molested.
E. <removed as it only applies to dogs and training dogs>
F. It shall be unlawful to possess or transport any loaded firearm, or loaded crossbow in or on any vehicle at any time on national forest lands or department-owned lands.
G. The provisions of this section shall not prohibit the possession, transport and use of loaded firearms by employees of the Department of Game and Inland Fisheries while engaged in the performance of their authorized and official duties, nor shall it prohibit possession and transport of loaded concealed handguns where the individual possesses a concealed handgun permit as defined in § 18.2-308 of the Code of Virginia.
H. <removed as it only contains definitions which are not pertinent to this thread/post>
4VAC15-40-120. Hog Island Wildlife Management Area; possession of loaded gun prohibited; exception.
It shall be unlawful to have in possession at any time a gun which is not unloaded and cased or dismantled on that portion of the Hog Island Wildlife Management Area bordering on the James River and lying north of the Surry Nuclear Power Plant, except while hunting deer or waterfowl in conformity with a special permit issued by the department.
National Forests in Virginia
Managed and regulated by the U.S. Forest Service, Department of Agriculture and Virginia Department of Game and Inland Fisheries pursuant to 36 CFR 241.1. Cooperation in Wildlife Protection and 36 CFR 241.2. Cooperation in Wildlife Management.
National Forests in Virginia Preliminary Summary:
Open Carry: OK during lawful hunting seasons, when not in a vehicle.
Concealed Carry: OK with a valid permit issued pursuant to § 18.2-308
Unloaded and cased: OK
36 CFR Part 261-Prohibitions. Subpart A. General Prohibitions. Section 261.8. Fish and Wildlife.
The following are prohibited to the extent Federal or State law is violated:
(a) Hunting, trapping, fishing, catching, molesting, killing or having in possession any kind of wild animal, bird, or fish, or taking the eggs of any such bird.
(b) Possessing a firearm or other implement designed to discharge a missile capable of destroying animal life.
(c) Possessing equipment which could be used for hunting, fishing, or trapping.
(d) Possessing a dog not on a leash or otherwise confined.
(e) Curtail the free movement of any animal or plant life into or out of a cave, except as authorized to protect a cave resource.
36 CFR Part 261-Prohibitions. Subpart B. Prohibitions in Areas Designated by Order. Section 261.57. National Forest Wilderness.
When provided by an order, the following are prohibited:
(a) Entering or being in the area.
(b) Possessing camping or pack-outfitting equipment, as specified in the order.
(c) Possessing a firearm or firework.
(d) Possessing any non-burnable food or beverage containers, including deposit bottles, except for non-burnable containers designed and intended for repeated use.
(e) Grazing.
(f) Storing equipment, personal property or supplies.
(g) Disposing of debris, garbage, or other waste.
(h) Possessing or using a wagon, cart or other vehicle.
4VAC15-40-60. Hunting with dogs or possession of weapons in certain locations during closed season.
A. Department-owned lands west of the Blue Ridge Mountains and national forest lands statewide. It shall be unlawful to have in possession a bow, crossbow, or any firearm that is not unloaded and cased or dismantled on all national forest lands statewide and on department-owned lands and on other lands managed by the department under cooperative agreement located in counties west of the Blue Ridge Mountains except during the period when it is lawful to take bear, deer, grouse, pheasant, quail, rabbit, raccoon, squirrel, turkey, or waterfowl on these lands.
B. Department-owned lands east of the Blue Ridge Mountains. It shall be unlawful to have in possession a bow, crossbow, or any firearm that is not unloaded and cased or dismantled on department-owned lands and on other lands managed by the department under cooperative agreement located in the counties east of the Blue Ridge Mountains except during the period when it is lawful to take bear, deer, grouse, pheasant, quail, rabbit, raccoon, squirrel, turkey, waterfowl or migratory gamebirds on these lands.
C. Certain counties. Except as otherwise provided in 4VAC15-40-70, it shall be unlawful to have either a shotgun or a rifle in one's possession when accompanied by a dog in the daytime in the fields, forests or waters of the counties of Augusta, Clarke, Frederick, Page, Shenandoah and Warren, and in the counties east of the Blue Ridge Mountains, except Patrick, at any time except the periods prescribed by law to hunt game birds and animals.
D. Shooting ranges and authorized activities. The provisions of this section shall not prohibit the conduct of any activities authorized by the board or the establishment and operation of archery and shooting ranges on the lands described in subsections A, B and C of this section.The use of firearms, crossbows, and bows in such ranges during the closed season period will be restricted to the area within the established range boundaries. Such weapons shall be required to be unloaded and cased or dismantled in all areas other than the range boundaries. The use of firearms, crossbows, or bows during the closed hunting period in such ranges shall be restricted to target shooting only and no birds or animals shall be molested.
E. <removed as it only applies to dogs and training dogs>
F. It shall be unlawful to possess or transport any loaded firearm, or loaded crossbow in or on any vehicle at any time on national forest lands or department-owned lands.
G. The provisions of this section shall not prohibit the possession, transport and use of loaded firearms by employees of the Department of Game and Inland Fisheries while engaged in the performance of their authorized and official duties, nor shall it prohibit possession and transport of loaded concealed handguns where the individual possesses a concealed handgun permit as defined in § 18.2-308 of the Code of Virginia.
H. <removed as it only contains definitions which are not pertinent to this thread/post>
National Parks in Virginia
Managed and regulated by the National Park Service, Department of the Interior
National Parks in Virginia Preliminary Summary:
Open Carry: OK* (*note: NPS regulations stipulate concealed carry, however that does not appear to be consistent with the Credit CARD Act of 2009 and Virginia State law. Until NPS rules are corrected, you may want to refrain from OC.)
Concealed Carry: OK with a valid permit issued pursuant to § 18.2-308; or, without a permit, only in a secured container or compartment in a vehicle or vessel.
Unloaded and cased: OK pursuant to 36CFR2.4
Credit CARD Act of 2009
SEC. 512. PROTECTING AMERICANS FROM VIOLENT CRIME.
(a) Congressional Findings.--Congress finds the following:
(1) The Second Amendment to the Constitution provides that
``the right of the people to keep and bear Arms, shall not be
infringed''.
(2) Section 2.4(a)(1) of title 36, Code of Federal
Regulations, provides that ``except as otherwise provided in
this section and parts 7 (special regulations) and 13 (Alaska
regulations), the following are prohibited: (i) Possessing a
weapon, trap or net (ii) Carrying a weapon, trap or net (iii)
Using a weapon, trap or net''.
(3) Section 27.42 of title 50, Code of Federal Regulations,
provides that, except in special circumstances, citizens of the
United States may not ``possess, use, or transport firearms on
national wildlife refuges'' of the United States Fish and
Wildlife Service.
(4) The regulations described in paragraphs (2) and (3)
prevent individuals complying with Federal and State laws from
exercising the second amendment rights of the individuals while
at units of--
(A) the National Park System; and
(B) the National Wildlife Refuge System.
(5) The existence of different laws relating to the
transportation and possession of firearms at different units of
the National Park System and the National Wildlife Refuge
System entrapped law-abiding gun owners while at units of the
National Park System and the National Wildlife Refuge System.
(6) Although the Bush administration issued new regulations
relating to the Second Amendment rights of law-abiding citizens
in units of the National Park System and National Wildlife
Refuge System that went into effect on January 9, 2009--
(A) on March 19, 2009, the United States District
Court for the District of Columbia granted a
preliminary injunction with respect to the
implementation and enforcement of the new regulations;
and
(B) the new regulations--
(i) are under review by the administration;
and
(ii) may be altered.
(7) Congress needs to weigh in on the new regulations to
ensure that unelected bureaucrats and judges cannot again
override the Second Amendment rights of law-abiding citizens on
83,600,000 acres of National Park System land and 90,790,000
acres of land under the jurisdiction of the United States Fish
and Wildlife Service.
(8) The Federal laws should make it clear that the second
amendment rights of an individual at a unit of the National
Park System or the National Wildlife Refuge System should not
be infringed.
(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.
36 CFR Part 2. Resource Protection, Public Use and Recreation. Section 2.4. Weapons, traps, and nets.
(a)(1) Except as otherwise provided in this section and parts 7 (special regulations) and 13 (Alaska regulations), the following are prohibited:
(i) Possessing a weapon, trap or net
(ii) Carrying a weapon, trap or net
(iii) Using a weapon, trap or net
(2) Weapons, traps or nets may be carried, possessed or used:
(i) At designated times and locations in park areas where:
(A) The taking of wildlife is authorized by law in accordance with §2.2 of this chapter;
(B) The taking of fish is authorized by law in accordance with §2.3 of this part.
(ii) When used for target practice at designated times and at facilities or locations designed and constructed specifically for this purpose and designated pursuant to special regulations.
(iii) Within a residential dwelling. For purposes of this subparagraph only, the term "residential dwelling" means a fixed housing structure which is either the principal residence of its occupants, or is occupied on a regular and recurring basis by its occupants as an alternate residence or vacation home.
(3) Traps, nets and unloaded weapons may be possessed within a temporary lodging or mechanical mode of conveyance when such implements are rendered temporarily inoperable or are packed, cased or stored in a manner that will prevent their ready use.
(b) Carrying or possessing a loaded weapon in a motor vehicle, vessel or other mode of transportation is prohibited, except that carrying or possessing a loaded weapon in a vessel is allowed when such vessel is not being propelled by machinery and is used as a shooting platform in accordance with Federal and State law.
(c) The use of a weapon, trap or net in a manner that endangers persons or property is prohibited.
(d) The superintendent may issue a permit to carry or possess a weapon, trap or net under the following circumstances:
(1) When necessary to support research activities conducted in accordance with §2.5.
(2) To carry firearms for persons in charge of pack trains or saddle horses for emergency use.
(3) For employees, agents or cooperating officials in the performance of their official duties.
(4) To provide access to otherwise inaccessible lands or waters contiguous to a park area when other means of access are otherwise impracticable or impossible.
Violation of the terms and conditions of a permit issued pursuant to this paragraph is prohibited and may result in the suspension or revocation of the permit.
(e) Authorized Federal, State and local law enforcement officers may carry firearms in the performance of their official duties.
(f) The carrying or possessing of a weapon, trap or net in violation of applicable Federal and State laws is prohibited.
(g) The regulations contained in this section apply, regardless of land ownership, on all lands and waters within a park area that are under the legislative jurisdiction of the United States.
(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.
National Wildlife Refuges in Virginia
Managed and regulated by the U.S. Fish and Wildlife Service, Department of the Interior, Virginia Department of Game and Inland Fisheries, Virginia Marine Resources Commission, and Virginia Department of Mines, Minerals, and Energy.
National Wildlife Refuges in Virginia Preliminary Summary:
Open Carry in Va DGIF areas: OK during lawful hunting seasons, when not in a vehicle
Open Carry in areas not managed by the VaDGIF: OK* (*note: FWS regulations stipulate concealed carry, however that does not appear to be consistent with the Credit CARD Act of 2009 or Virginia State law. Until FWS rules are corrected, you may want to refrain from OC)
Concealed Carry in Va DGIF areas: OK with a valid permit issued pursuant to § 18.2-308
Concealed Carry in areas not managed by the Va DGIF: OK with a valid permit issued pursuant to § 18.2-308; or, without a permit, only in a secured container or compartment in a vehicle or vessel.
Unloaded and cased: OK pursuant to 50CFR27.42
50 CFR Part 27. Prohibited Acts. Subpart D. Disturbing Violations: With Weapons. Section 27.42. Firearms.
Only the following persons may possess, use, or transport firearms on national wildlife refuges in accordance with this section and applicable Federal and State law:
(a) Persons using firearms for public hunting under the provisions of 50 CFR part 32.
(b) Persons carrying unloaded firearms, that are dismantled or cased, in vehicles and boats over routes of travel designated under the provision of subchapter C.
(c) Persons authorized to use firearms for the taking of specimens of wildlife for scientific purposes.
(d) Persons authorized by special regulations or permits to possess or use firearms for the protection of property, for field trials, and other special purposes.
(e) Notwithstanding any other provision in this Chapter, persons may possess, carry, and transport concealed, loaded, and operable firearms within a national wildlife refuge in accordance with the laws of the state in which the wildlife refuge, or that portion thereof, is located, except as otherwise prohibited by applicable Federal law.
50 CFR Part 32. Hunting and Fishing. Subpart B. Refuge-Specific Regulations for Hunting and Fishing. Section 32.66. Virginia
<snip>
3. Firearm hunt information:
<snip>
iii. You may use any firearm allowed by State law in designated areas of the refuge. We restrict other areas of the refuge to shotgun and muzzleloading firearms only. We restrict shotgun ammunition to slugs, 00 buckshot, or 000 buckshot. You must unload and either case or disassemble firearms ( see §27.42(b) of this chapter) in vehicles.
<snip>
* <virginiatuck> Note, it appears as though 50 CFR 32.66 applies only to those hunting, but it is included here for reference and/or discussion.
The aforementioned MRC and DMME of Virginia have several regulations that pertain to National Wildlife Refuges, however I was not able to find any Virginia regulations that prohibited the transportation, possession, or carrying of firearms. The regulations for these agencies can be found under Title 4 of the Virginia Administrative Code.
National Cemeteries
Managed and regulated by either U.S. Department of Veterans Affairs, National Park Service, U.S. Department of the Interior, or U.S. Department of the Army
National Cemeteries in Virginia, Managed by the VA, Preliminary Summary:
Open Carry: NO
Concealed Carry: NO
Unloaded and cased: NO
National Cemeteries in Virginia, Managed by the NPS, Preliminary Summary:
Open Carry: OK* (*note: NPS regulations stipulate concealed carry, however that does not appear to be consistent with the Credit CARD Act of 2009 and Virginia State law. Until NPS rules are corrected, you may want to refrain from OC.)
Concealed Carry: OK with a valid permit issued pursuant to § 18.2-308; or, without a permit, only in a secured container or compartment in a vehicle or vessel
Unloaded and cased: OK pursuant to 36CFR2.4
National Cemeteries in Virginia, Managed by the Dept. of the Army, Preliminary Summary:
Open Carry: UNKNOWN
Concealed Carry: UNKNOWN
Unloaded and cased: UNKNOWN
38 CFR Part 1. General Provisions. Section 1.218. Security and Law Enforcement at VA Facilities.
(a) Authority and rules of conduct. Pursuant to 38 USC 901, the
following rules and regulations apply at all property under the charge
and control of VA (and not under the charge and control of the General
Services Administration) and to all persons entering in or on such
property. The head of the facility is charged with the responsibility
for the enforcement of these rules and regulations and shall cause
these rules and regulations to be posted in a conspicuous place on the
property.
<snip>
(13) Weapons and explosives. No person while on property shall carry
firearms, other dangerous or deadly weapons, or explosives, either
openly or concealed, except for official purposes.
<snip>
(b) Schedule of offenses and penalties. Conduct in violation of the
rules and regulations set forth in paragraph (a) of this section
subjects an offender to arrest and removal from the premises. Whomever
shall be found guilty of violating these rules and regulations while on
any property under the charge and control of VA is subject to a fine as
stated in the schedule set forth herein or, if appropriate, the payment
of fixed sum in lieu of appearance (forfeiture of collateral) as may be
provided for in rules of the United States District Court. Violations
included in the schedule of offenses and penalties may also subject an
offender to a term of imprisonment of not more than six months, as may
be determined appropriate by a magistrate or judge of the United States
District Court:
<snip>
(37) Possession of firearms, carried either openly or concealed,
whether loaded or unloaded (except by Federal or State law enforcement
officers on official business, $500.
(38) Introduction or possession of explosives, or explosive devices
which fire a projectile, ammunition, or combustibles, $500.
<snip>
* <virginiatuck> NPS regulations have been provided above and will not be reproduced here. I did not find any NPS regulations specifically regarding National Cemeteries, so I presume those already provided will apply the same. Also, with respect to the one of the two cemeteries maintained by the Department of the Army that is located within Virginia (Arlington National Cemetery), I ask for help finding the correct source to cite regarding firearms policies at the ANC *
* Added Virginia Wildlife Management Areas 07JUN2010@18:07
* Added preliminary summaries (OC, CC, and UaC) 07JUN2010@20:13
* Adjusted the summaries 07JUN2010@21:00
* Corrected a typo... replaced NPS with FWS under the National Wildlife Refuge section 08JUN2010@00:17
* Added note about State Parks being located within three State Forests. 08JUN2010@00:30
* Added links to information regarding designated hunting areas and hunting seasons 09JUN2010@21:20
* Corrected open carry information for areas in National Wildlife Refuges that are managed by the Va DGIF 09JUN2010@21:20
* Corrected a typo (18.2-309 was listed instead of 18.2-308 for NPS. 10JUN2010@12:25
* Corrected formatting errors after migration to vBulletin. 29JUN2010@16:28EDT
* Updated some concealed carry statuses post July 1 law changes. 09JUL2010@19:11EDT
* Added Hog Island WMA restriction. 09JUL2010@19:23EDT
* Updated State Forest carry status to remove the "designated recreation area" restrictions and posted updated law 4VAC10-30-170. 07JUL2011
Disclaimer: The following is provided for informational purposes only. It is not legal advice and I do not advocate that anyone does anything. The information is provided without warranty or guarantee of accuracy. If you want to truly understand a law, consult an attorney.
I have researched and compiled into a single place the current administrative laws that pertain to the possession, transportation, and carrying of handguns in Virginia State Forests, Parks, and Wildlife Management Areas; and National Forests, Parks, Wildlife Refuges, and Cemeteries located within Virginia. I have grouped these various places together into a single category because sometimes the lines between each is blurred either by regulatory hodgepodge or when some are located within, adjacent to, or near others. Corrections, additional information, and updates are welcome. I will edit this post to include such.
Please note that, with a few minor exceptions, statutory laws such as those within VA Title 18.2 or USC Title 18 are not cited here, but they still apply within any of these places. The focus of this page is on administrative laws as they pertain to the possession, transportation, and carrying of handguns within the aforementioned areas.
Virginia State Forests
Managed and regulated by the Virginia Department of Forestry
Virginia State Forest Preliminary Summary:
Open Carry: OK, during hunting season.
Concealed Carry: OK with a valid permit issued pursuant to § 18.2-308
Unloaded and cased: OK
4VAC10-30-170. Explosives, Fires, etc.
No person shall bring into or have in any forest any explosive or explosive substance. This regulation shall not apply to the lawful carrying of firearms and firearms ammunition.
Pending Amendment - Requirements for Carrying Handguns in State Forests ** UPDATE ** The law was amended to allow the lawful carrying of firearms and ammunition.
Note: State Parks are located within three State Forests.
___________________________________________________________________________
Virginia State Parks
Managed and regulated by the Virginia Department of Conservation and Recreation
Virginia State Park Preliminary Summary:
Open Carry: OK
Concealed Carry: OK with a valid permit issued pursuant to § 18.2-308
Unloaded and cased: OK
4VAC5-30-200. Firearms.
--repealed--
Fmr. Attorney General of Virginia, Robert F. McDonnell opinion that:
"[T]he Department of Conservation and Recreation has only such authority to restrict the open carrying of firearms which is expressly provided by law."
Note: State Parks are located within three State Forests.
___________________________________________________________________________
Virginia Wildlife Management Areas
Managed and regulated by the Virginia Department of Game and Inland Fisheries
Virginia Wildlife Management Areas Preliminary Summary:
Open Carry: OK during lawful hunting seasons, when not in a vehicle.
Open Carry in portions of the Hog Island WMA: NO, except while lawfully hunting with a special permit.
Concealed Carry: OK with a valid permit issued pursuant to § 18.2-308
Concealed Carry in portions of Hog Island WMA: NO, except while lawfully hunting with a special permit.
Unloaded and cased: OK
Unloaded and cased in portions of Hog Island WMA: OK
4VAC15-40-60. Hunting with dogs or possession of weapons in certain locations during closed season.
A. Department-owned lands west of the Blue Ridge Mountains and national forest lands statewide. It shall be unlawful to have in possession a bow, crossbow, or any firearm that is not unloaded and cased or dismantled on all national forest lands statewide and on department-owned lands and on other lands managed by the department under cooperative agreement located in counties west of the Blue Ridge Mountains except during the period when it is lawful to take bear, deer, grouse, pheasant, quail, rabbit, raccoon, squirrel, turkey, or waterfowl on these lands.
B. Department-owned lands east of the Blue Ridge Mountains. It shall be unlawful to have in possession a bow, crossbow, or any firearm that is not unloaded and cased or dismantled on department-owned lands and on other lands managed by the department under cooperative agreement located in the counties east of the Blue Ridge Mountains except during the period when it is lawful to take bear, deer, grouse, pheasant, quail, rabbit, raccoon, squirrel, turkey, waterfowl or migratory gamebirds on these lands.
C. Certain counties. Except as otherwise provided in 4VAC15-40-70, it shall be unlawful to have either a shotgun or a rifle in one's possession when accompanied by a dog in the daytime in the fields, forests or waters of the counties of Augusta, Clarke, Frederick, Page, Shenandoah and Warren, and in the counties east of the Blue Ridge Mountains, except Patrick, at any time except the periods prescribed by law to hunt game birds and animals.
D. Shooting ranges and authorized activities. The provisions of this section shall not prohibit the conduct of any activities authorized by the board or the establishment and operation of archery and shooting ranges on the lands described in subsections A, B and C of this section.The use of firearms, crossbows, and bows in such ranges during the closed season period will be restricted to the area within the established range boundaries. Such weapons shall be required to be unloaded and cased or dismantled in all areas other than the range boundaries. The use of firearms, crossbows, or bows during the closed hunting period in such ranges shall be restricted to target shooting only and no birds or animals shall be molested.
E. <removed as it only applies to dogs and training dogs>
F. It shall be unlawful to possess or transport any loaded firearm, or loaded crossbow in or on any vehicle at any time on national forest lands or department-owned lands.
G. The provisions of this section shall not prohibit the possession, transport and use of loaded firearms by employees of the Department of Game and Inland Fisheries while engaged in the performance of their authorized and official duties, nor shall it prohibit possession and transport of loaded concealed handguns where the individual possesses a concealed handgun permit as defined in § 18.2-308 of the Code of Virginia.
H. <removed as it only contains definitions which are not pertinent to this thread/post>
4VAC15-40-120. Hog Island Wildlife Management Area; possession of loaded gun prohibited; exception.
It shall be unlawful to have in possession at any time a gun which is not unloaded and cased or dismantled on that portion of the Hog Island Wildlife Management Area bordering on the James River and lying north of the Surry Nuclear Power Plant, except while hunting deer or waterfowl in conformity with a special permit issued by the department.
___________________________________________________________________________
National Forests in Virginia
Managed and regulated by the U.S. Forest Service, Department of Agriculture and Virginia Department of Game and Inland Fisheries pursuant to 36 CFR 241.1. Cooperation in Wildlife Protection and 36 CFR 241.2. Cooperation in Wildlife Management.
National Forests in Virginia Preliminary Summary:
Open Carry: OK during lawful hunting seasons, when not in a vehicle.
Concealed Carry: OK with a valid permit issued pursuant to § 18.2-308
Unloaded and cased: OK
36 CFR Part 261-Prohibitions. Subpart A. General Prohibitions. Section 261.8. Fish and Wildlife.
The following are prohibited to the extent Federal or State law is violated:
(a) Hunting, trapping, fishing, catching, molesting, killing or having in possession any kind of wild animal, bird, or fish, or taking the eggs of any such bird.
(b) Possessing a firearm or other implement designed to discharge a missile capable of destroying animal life.
(c) Possessing equipment which could be used for hunting, fishing, or trapping.
(d) Possessing a dog not on a leash or otherwise confined.
(e) Curtail the free movement of any animal or plant life into or out of a cave, except as authorized to protect a cave resource.
36 CFR Part 261-Prohibitions. Subpart B. Prohibitions in Areas Designated by Order. Section 261.57. National Forest Wilderness.
When provided by an order, the following are prohibited:
(a) Entering or being in the area.
(b) Possessing camping or pack-outfitting equipment, as specified in the order.
(c) Possessing a firearm or firework.
(d) Possessing any non-burnable food or beverage containers, including deposit bottles, except for non-burnable containers designed and intended for repeated use.
(e) Grazing.
(f) Storing equipment, personal property or supplies.
(g) Disposing of debris, garbage, or other waste.
(h) Possessing or using a wagon, cart or other vehicle.
4VAC15-40-60. Hunting with dogs or possession of weapons in certain locations during closed season.
A. Department-owned lands west of the Blue Ridge Mountains and national forest lands statewide. It shall be unlawful to have in possession a bow, crossbow, or any firearm that is not unloaded and cased or dismantled on all national forest lands statewide and on department-owned lands and on other lands managed by the department under cooperative agreement located in counties west of the Blue Ridge Mountains except during the period when it is lawful to take bear, deer, grouse, pheasant, quail, rabbit, raccoon, squirrel, turkey, or waterfowl on these lands.
B. Department-owned lands east of the Blue Ridge Mountains. It shall be unlawful to have in possession a bow, crossbow, or any firearm that is not unloaded and cased or dismantled on department-owned lands and on other lands managed by the department under cooperative agreement located in the counties east of the Blue Ridge Mountains except during the period when it is lawful to take bear, deer, grouse, pheasant, quail, rabbit, raccoon, squirrel, turkey, waterfowl or migratory gamebirds on these lands.
C. Certain counties. Except as otherwise provided in 4VAC15-40-70, it shall be unlawful to have either a shotgun or a rifle in one's possession when accompanied by a dog in the daytime in the fields, forests or waters of the counties of Augusta, Clarke, Frederick, Page, Shenandoah and Warren, and in the counties east of the Blue Ridge Mountains, except Patrick, at any time except the periods prescribed by law to hunt game birds and animals.
D. Shooting ranges and authorized activities. The provisions of this section shall not prohibit the conduct of any activities authorized by the board or the establishment and operation of archery and shooting ranges on the lands described in subsections A, B and C of this section.The use of firearms, crossbows, and bows in such ranges during the closed season period will be restricted to the area within the established range boundaries. Such weapons shall be required to be unloaded and cased or dismantled in all areas other than the range boundaries. The use of firearms, crossbows, or bows during the closed hunting period in such ranges shall be restricted to target shooting only and no birds or animals shall be molested.
E. <removed as it only applies to dogs and training dogs>
F. It shall be unlawful to possess or transport any loaded firearm, or loaded crossbow in or on any vehicle at any time on national forest lands or department-owned lands.
G. The provisions of this section shall not prohibit the possession, transport and use of loaded firearms by employees of the Department of Game and Inland Fisheries while engaged in the performance of their authorized and official duties, nor shall it prohibit possession and transport of loaded concealed handguns where the individual possesses a concealed handgun permit as defined in § 18.2-308 of the Code of Virginia.
H. <removed as it only contains definitions which are not pertinent to this thread/post>
___________________________________________________________________________
National Parks in Virginia
Managed and regulated by the National Park Service, Department of the Interior
National Parks in Virginia Preliminary Summary:
Open Carry: OK* (*note: NPS regulations stipulate concealed carry, however that does not appear to be consistent with the Credit CARD Act of 2009 and Virginia State law. Until NPS rules are corrected, you may want to refrain from OC.)
Concealed Carry: OK with a valid permit issued pursuant to § 18.2-308; or, without a permit, only in a secured container or compartment in a vehicle or vessel.
Unloaded and cased: OK pursuant to 36CFR2.4
Credit CARD Act of 2009
SEC. 512. PROTECTING AMERICANS FROM VIOLENT CRIME.
(a) Congressional Findings.--Congress finds the following:
(1) The Second Amendment to the Constitution provides that
``the right of the people to keep and bear Arms, shall not be
infringed''.
(2) Section 2.4(a)(1) of title 36, Code of Federal
Regulations, provides that ``except as otherwise provided in
this section and parts 7 (special regulations) and 13 (Alaska
regulations), the following are prohibited: (i) Possessing a
weapon, trap or net (ii) Carrying a weapon, trap or net (iii)
Using a weapon, trap or net''.
(3) Section 27.42 of title 50, Code of Federal Regulations,
provides that, except in special circumstances, citizens of the
United States may not ``possess, use, or transport firearms on
national wildlife refuges'' of the United States Fish and
Wildlife Service.
(4) The regulations described in paragraphs (2) and (3)
prevent individuals complying with Federal and State laws from
exercising the second amendment rights of the individuals while
at units of--
(A) the National Park System; and
(B) the National Wildlife Refuge System.
(5) The existence of different laws relating to the
transportation and possession of firearms at different units of
the National Park System and the National Wildlife Refuge
System entrapped law-abiding gun owners while at units of the
National Park System and the National Wildlife Refuge System.
(6) Although the Bush administration issued new regulations
relating to the Second Amendment rights of law-abiding citizens
in units of the National Park System and National Wildlife
Refuge System that went into effect on January 9, 2009--
(A) on March 19, 2009, the United States District
Court for the District of Columbia granted a
preliminary injunction with respect to the
implementation and enforcement of the new regulations;
and
(B) the new regulations--
(i) are under review by the administration;
and
(ii) may be altered.
(7) Congress needs to weigh in on the new regulations to
ensure that unelected bureaucrats and judges cannot again
override the Second Amendment rights of law-abiding citizens on
83,600,000 acres of National Park System land and 90,790,000
acres of land under the jurisdiction of the United States Fish
and Wildlife Service.
(8) The Federal laws should make it clear that the second
amendment rights of an individual at a unit of the National
Park System or the National Wildlife Refuge System should not
be infringed.
(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.
36 CFR Part 2. Resource Protection, Public Use and Recreation. Section 2.4. Weapons, traps, and nets.
(a)(1) Except as otherwise provided in this section and parts 7 (special regulations) and 13 (Alaska regulations), the following are prohibited:
(i) Possessing a weapon, trap or net
(ii) Carrying a weapon, trap or net
(iii) Using a weapon, trap or net
(2) Weapons, traps or nets may be carried, possessed or used:
(i) At designated times and locations in park areas where:
(A) The taking of wildlife is authorized by law in accordance with §2.2 of this chapter;
(B) The taking of fish is authorized by law in accordance with §2.3 of this part.
(ii) When used for target practice at designated times and at facilities or locations designed and constructed specifically for this purpose and designated pursuant to special regulations.
(iii) Within a residential dwelling. For purposes of this subparagraph only, the term "residential dwelling" means a fixed housing structure which is either the principal residence of its occupants, or is occupied on a regular and recurring basis by its occupants as an alternate residence or vacation home.
(3) Traps, nets and unloaded weapons may be possessed within a temporary lodging or mechanical mode of conveyance when such implements are rendered temporarily inoperable or are packed, cased or stored in a manner that will prevent their ready use.
(b) Carrying or possessing a loaded weapon in a motor vehicle, vessel or other mode of transportation is prohibited, except that carrying or possessing a loaded weapon in a vessel is allowed when such vessel is not being propelled by machinery and is used as a shooting platform in accordance with Federal and State law.
(c) The use of a weapon, trap or net in a manner that endangers persons or property is prohibited.
(d) The superintendent may issue a permit to carry or possess a weapon, trap or net under the following circumstances:
(1) When necessary to support research activities conducted in accordance with §2.5.
(2) To carry firearms for persons in charge of pack trains or saddle horses for emergency use.
(3) For employees, agents or cooperating officials in the performance of their official duties.
(4) To provide access to otherwise inaccessible lands or waters contiguous to a park area when other means of access are otherwise impracticable or impossible.
Violation of the terms and conditions of a permit issued pursuant to this paragraph is prohibited and may result in the suspension or revocation of the permit.
(e) Authorized Federal, State and local law enforcement officers may carry firearms in the performance of their official duties.
(f) The carrying or possessing of a weapon, trap or net in violation of applicable Federal and State laws is prohibited.
(g) The regulations contained in this section apply, regardless of land ownership, on all lands and waters within a park area that are under the legislative jurisdiction of the United States.
(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.
___________________________________________________________________________
National Wildlife Refuges in Virginia
Managed and regulated by the U.S. Fish and Wildlife Service, Department of the Interior, Virginia Department of Game and Inland Fisheries, Virginia Marine Resources Commission, and Virginia Department of Mines, Minerals, and Energy.
National Wildlife Refuges in Virginia Preliminary Summary:
Open Carry in Va DGIF areas: OK during lawful hunting seasons, when not in a vehicle
Open Carry in areas not managed by the VaDGIF: OK* (*note: FWS regulations stipulate concealed carry, however that does not appear to be consistent with the Credit CARD Act of 2009 or Virginia State law. Until FWS rules are corrected, you may want to refrain from OC)
Concealed Carry in Va DGIF areas: OK with a valid permit issued pursuant to § 18.2-308
Concealed Carry in areas not managed by the Va DGIF: OK with a valid permit issued pursuant to § 18.2-308; or, without a permit, only in a secured container or compartment in a vehicle or vessel.
Unloaded and cased: OK pursuant to 50CFR27.42
50 CFR Part 27. Prohibited Acts. Subpart D. Disturbing Violations: With Weapons. Section 27.42. Firearms.
Only the following persons may possess, use, or transport firearms on national wildlife refuges in accordance with this section and applicable Federal and State law:
(a) Persons using firearms for public hunting under the provisions of 50 CFR part 32.
(b) Persons carrying unloaded firearms, that are dismantled or cased, in vehicles and boats over routes of travel designated under the provision of subchapter C.
(c) Persons authorized to use firearms for the taking of specimens of wildlife for scientific purposes.
(d) Persons authorized by special regulations or permits to possess or use firearms for the protection of property, for field trials, and other special purposes.
(e) Notwithstanding any other provision in this Chapter, persons may possess, carry, and transport concealed, loaded, and operable firearms within a national wildlife refuge in accordance with the laws of the state in which the wildlife refuge, or that portion thereof, is located, except as otherwise prohibited by applicable Federal law.
50 CFR Part 32. Hunting and Fishing. Subpart B. Refuge-Specific Regulations for Hunting and Fishing. Section 32.66. Virginia
<snip>
3. Firearm hunt information:
<snip>
iii. You may use any firearm allowed by State law in designated areas of the refuge. We restrict other areas of the refuge to shotgun and muzzleloading firearms only. We restrict shotgun ammunition to slugs, 00 buckshot, or 000 buckshot. You must unload and either case or disassemble firearms ( see §27.42(b) of this chapter) in vehicles.
<snip>
* <virginiatuck> Note, it appears as though 50 CFR 32.66 applies only to those hunting, but it is included here for reference and/or discussion.
The aforementioned MRC and DMME of Virginia have several regulations that pertain to National Wildlife Refuges, however I was not able to find any Virginia regulations that prohibited the transportation, possession, or carrying of firearms. The regulations for these agencies can be found under Title 4 of the Virginia Administrative Code.
___________________________________________________________________________
National Cemeteries
Managed and regulated by either U.S. Department of Veterans Affairs, National Park Service, U.S. Department of the Interior, or U.S. Department of the Army
National Cemeteries in Virginia, Managed by the VA, Preliminary Summary:
Open Carry: NO
Concealed Carry: NO
Unloaded and cased: NO
National Cemeteries in Virginia, Managed by the NPS, Preliminary Summary:
Open Carry: OK* (*note: NPS regulations stipulate concealed carry, however that does not appear to be consistent with the Credit CARD Act of 2009 and Virginia State law. Until NPS rules are corrected, you may want to refrain from OC.)
Concealed Carry: OK with a valid permit issued pursuant to § 18.2-308; or, without a permit, only in a secured container or compartment in a vehicle or vessel
Unloaded and cased: OK pursuant to 36CFR2.4
National Cemeteries in Virginia, Managed by the Dept. of the Army, Preliminary Summary:
Open Carry: UNKNOWN
Concealed Carry: UNKNOWN
Unloaded and cased: UNKNOWN
38 CFR Part 1. General Provisions. Section 1.218. Security and Law Enforcement at VA Facilities.
(a) Authority and rules of conduct. Pursuant to 38 USC 901, the
following rules and regulations apply at all property under the charge
and control of VA (and not under the charge and control of the General
Services Administration) and to all persons entering in or on such
property. The head of the facility is charged with the responsibility
for the enforcement of these rules and regulations and shall cause
these rules and regulations to be posted in a conspicuous place on the
property.
<snip>
(13) Weapons and explosives. No person while on property shall carry
firearms, other dangerous or deadly weapons, or explosives, either
openly or concealed, except for official purposes.
<snip>
(b) Schedule of offenses and penalties. Conduct in violation of the
rules and regulations set forth in paragraph (a) of this section
subjects an offender to arrest and removal from the premises. Whomever
shall be found guilty of violating these rules and regulations while on
any property under the charge and control of VA is subject to a fine as
stated in the schedule set forth herein or, if appropriate, the payment
of fixed sum in lieu of appearance (forfeiture of collateral) as may be
provided for in rules of the United States District Court. Violations
included in the schedule of offenses and penalties may also subject an
offender to a term of imprisonment of not more than six months, as may
be determined appropriate by a magistrate or judge of the United States
District Court:
<snip>
(37) Possession of firearms, carried either openly or concealed,
whether loaded or unloaded (except by Federal or State law enforcement
officers on official business, $500.
(38) Introduction or possession of explosives, or explosive devices
which fire a projectile, ammunition, or combustibles, $500.
<snip>
* <virginiatuck> NPS regulations have been provided above and will not be reproduced here. I did not find any NPS regulations specifically regarding National Cemeteries, so I presume those already provided will apply the same. Also, with respect to the one of the two cemeteries maintained by the Department of the Army that is located within Virginia (Arlington National Cemetery), I ask for help finding the correct source to cite regarding firearms policies at the ANC *
___________________________________________________________________________
* Added Virginia Wildlife Management Areas 07JUN2010@18:07
* Added preliminary summaries (OC, CC, and UaC) 07JUN2010@20:13
* Adjusted the summaries 07JUN2010@21:00
* Corrected a typo... replaced NPS with FWS under the National Wildlife Refuge section 08JUN2010@00:17
* Added note about State Parks being located within three State Forests. 08JUN2010@00:30
* Added links to information regarding designated hunting areas and hunting seasons 09JUN2010@21:20
* Corrected open carry information for areas in National Wildlife Refuges that are managed by the Va DGIF 09JUN2010@21:20
* Corrected a typo (18.2-309 was listed instead of 18.2-308 for NPS. 10JUN2010@12:25
* Corrected formatting errors after migration to vBulletin. 29JUN2010@16:28EDT
* Updated some concealed carry statuses post July 1 law changes. 09JUL2010@19:11EDT
* Added Hog Island WMA restriction. 09JUL2010@19:23EDT
* Updated State Forest carry status to remove the "designated recreation area" restrictions and posted updated law 4VAC10-30-170. 07JUL2011
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