Action:
Repeal of § 4VAC5-30-200 that prohibits the open carry of firearms in Virginia State Parks
Action 3668
General Information
| Action Summary |
On January 14, 2011, Governor McDonnell issued a letter to the Director of the Department of Conservation and Recreation. In the letter, the Governor noted that “I have reviewed the opinion I provided in September of 2008 as Attorney General to then Senator Ken T. Cuccinelli, II regarding the authority of the Department of Conservation and Recreation to issue a regulation prohibiting the open carrying of firearms in State Parks. In summary, the opinion states that because the General Assembly enacted § 18.2-287.4 of the Code of Virginia, it had no intention of further restricting the carrying of firearms in public parks. I am not aware of any legislative action since the issuance of that opinion which would change the conclusion reached therein. Lacking specific legislative authorization to further regulate firearms, the Department of Conservation and Recreation cannot promulgate a regulation that does so. Therefore, I am directing the Department of Conservation and Recreation to cease enforcement of § 4VAC5-30-200. The Department should notify all state park officials immediately of this change. Further, I am directing that § 4VAC5-30-200 be repealed through an exempt Administrative Process Act regulatory action to bring it into conformity with this opinion and law.” In accordance with this directive, the Department is advancing this exempt regulatory action to repeal 4VAC5-30-200 (Firearms) of the Virginia State Parks Regulations. |
| Chapters Affected |
Only affects this chapter.
|
| Executive Branch Review |
This Action is exempt from Article 2 of the Administrative Process Act.
The normal executive branch review process is not required. As such, it can be submitted directly for publication and
is effective upon publication.
Exempt Citation:
§2.2-4006(A)(4)(a) of the Code of Virginia
|
| RIS Project |
Yes [003167] |
| New Periodic Review |
This action will not be used to conduct a new periodic review.
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Stages
Stages associated with this regulatory action.
| Stage ID |
Stage Type |
Status |
|
6156
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Final
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Stage complete. This regulation became effective on 05/07/2012. |
Contact Information
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Name / Title:
|
Lisa McGee
/
Policy and Planning Director
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Address:
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600 East Main Street, 24th Floor
Richmond, VA 23219
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Email Address:
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lisa.mcgee@dcr.virginia.gov
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Phone:
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(804)786-4378
FAX: (804)786-6141
TDD: ()-
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This person is the primary contact for this agency.
