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. =============== 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 =================== 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. Kaine's letter [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. =========== Well, there you have it. I assume you know that Kaine is the new DNC Chair.
Tuesday, September 01, 2009
Some Things Can't Be Laid to Rest
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.
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3 comments:
He never did answer the question about carry in National Forests. All he mentioned were State Parks which are a whole different beast. Here in AZ there are different restrictions on the different types of land (i.e. National Forest, National Monument, National Park, Stae Park, City Park, BLM land, State trust land, Reservation Land).
Without looking too deeply into it, I expect that the carry laws in the National Forest in VA are similar to the OC laws in Ohio during the 80s and 90s.
Sounds like he needs the Palin treatment.
One baseless civil suit after another.
He's just a fucking governor. Whip his ass, charge him with crime if he has not honored the law and throw his ass in jail.
Until we get enough guts to do just that with these sonsofbitches we are going to keep being victimized by them. Having enough guts to do just that with these sonsofbitches means we have to face down or defeat the armed assholes that are hired to protect them. I vote for defeating them. Not that hard. Like any other hired guns with no core principles they quit when the paymaster can no longer write the payroll.
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