Two young adults have been. [More]
Correspondent Mack H originally sent me the story of the two Virginia Tech students slain in the national forest. I'd like to share some of our email exchanges.
Correspondent Mack H originally sent me the story of the two Virginia Tech students slain in the national forest. I'd like to share some of our email exchanges.
MH: Authorities have stepped up patrols. So everyone can 'feel' safer, I guess.
One word describe all of this: EVIL. Do not think 'mentally ill' - whoever did this was evil. Period.
DC: It was a National Forest, not a National Park, so the ban that will exist until Feb 10 did not apply--NF's abide by the state rules where their territories overlap.
That said, both were too young to qualify for handgun permits in VA--another outrage in itself.
MH: That is correct. However, in Va., we can open-carry in most places -- EXCEPT in state parks, thanks to Timmy Kaine. I'll send you his pathetic letter later, if I can find it.
Virginians can open-carry from age 18 onward. VCDL is covering this.
DC: Thanks for the clarification--is the state park OC ban paralleled in national forests?
MH: Well, the answer is a bit complicated.
The relevant Forest Service CFR reg is 36 CFR 261.8(b): [See gpoaccess.gov for further details]
The following are prohibited **to the extent** Federal or ***State law is
violated***:
"(b) Possessing a firearm or other implement designed to discharge a missile capable of destroying animal life."
The problem: Kaine refused to honor an AG opinion which declared that open-carry in Virginia parks is legal. I'll send the documents in a follow up.
MH: Here is a brief overview:
1) This is an AG opinion, requested by a strong pro-gun Delegate, Richard Black (his second attempt):
http://oag.state.va.us/Opinions/2002opns/02-074.pdf
Basically, the idea is if you have a CHP, only the General Assembly, not the state parks department (DCR), can ban concealed carry in state parks. The opinion had nothing to say about open carry. Then governor Mark Warner grudgingly accepted that opinion and had the regs revised to allow concealed carry in state parks.
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2) About a year ago, Senator Ken T. Cuccinelli, II requested an AG opinion from the AG Bob Mcdonnell, concerning open carry in state aprks. Here is that opinion:
http://oag.state.va.us/OPINIONS/2008opns/08-043-Cuccinelli.pdf
[SNIP]
I find no specific statutory authority granting the Department the authority to prohibit the open carrying of firearms in state parks. A person’s right to carry a firearm openly is considered universal within the Commonwealth, subject to definite and limited restrictions upon certain locations and classifications of individuals.
Accordingly, it is my opinion that the Department of Conservation and Recreation has only such authority to restrict the open carrying of firearms which is expressly provided by law.
Thank you for letting me be of service to you.
Sincerely,
Robert F. McDonnell
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As you may be aware, McDonnell is running for Governor, and Cuccinelli is running for Attorney General. Once again, it was up to the governor (Tim Kaine) to accept the opinion and order the regs changed. Well, VCDL tried reasoning with his office, to no avail. finally, VCDL received a letter indicating the Governor would NOT honor the AG opinion.
VCDL letters page:
http://www.vcdl.org/static/letters.html
Kaine's letter:
http://www.vcdl.org/letters/GovKaine-CW.pdf
[SNIP]
DCR's longstanding ban is an important aspect of maintaining the safety and attractiveness of our state parks. Park visitors must have confidence that they can enjoy our parks without concern about the open carriage of firearms.
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Well, there you have it. I assume you know that Kaine is the new DNC Chair.