BREAKING NEWS! Virginia Atty. Gen. "Open Carry OK in VA. State Parks!"

[Liberty1]

VCDL Alert

VA-ALERT: BREAKING NEWS! AG: Open Carry OK in State Parks!



-----Original Message-----
From: Philip Van Cleave
Sent: Tuesday, September 30, 2008 1:06 PM
Subject: VA-ALERT: BREAKING NEWS! AG: Open Carry OK in State Parks!


VCDL had been aware that Senator Ken Cuccinelli put in a request
several months ago for a formal opinion from Attorney General Bob
McDonnell on whether it is legal to open carry in Virginia State Parks.

The answer came in this morning and it is YES!

VCDL expected that to be the case, but it was important for the
Attorney General to actually rule on the issue.

CAUTION: I am determining if this opinion has officially overridden
the park regulation or if the park regulation must be rewritten before
we can carry openly. SO, I SUGGEST NOT OPEN CARRYING IN STATE PARKS
UNTIL I GET MORE INFORMATION.

I have calls into Ken Cuccinelli's office, Virginia State Parks
headquarters, and the Attorney General's Office and will put out
alerts on this as necessary.

VCDL would like to thank Senator Cuccinelli, who is running for
Virginia Attorney General next year, for putting in that request for
an Attorney General's Opinion and to Attorney General Bob McDonnell,
who is running for Governor next year, for the well thought out opinion.

Here is a link to the opinion:

http://www.vcdl.org/pdf/08-043-Cuccinelli.pdf

[Cali80]

Hey what do you know, a state that uses common sense.

[Sam]

I'm jealous of Virginia, they have some politicians that are actually worth something.

[Liberty1]

Take heart. These wins in other states peripherally benefit us as the logic they use is universal and will be cited by our team if applicable and when needed.

Much of the positive changes in Va. have been effected by one of America's best grassroots self defense organizations; the Virginia Citizen's Defense League Check them out.

Calguns Foundation is our equivalent. Be sure you are also supporting them with your fortunes and sacred honor! (lives are not yet asked for)

[CHS]

I'm kinda confused. The AG ruled that it's legal. But there is still question as to whether or not it's legal?

I don't get it.

[Liberty1]

I'm kinda confused. The AG ruled that it's legal. But there is still question as to whether or not it's legal?

I don't get it.

AG opinions are not binding but have great weight within the legal system. A court could still rule that he is wrong. Va Parks will now be asked to revise/remove their regulations or get sued. Also anyone ticketed for a violation in Va State Parks has a great defense.

Still VCDL is cautioning individuals not to assume criminal liability. This can be solved civilly.

Here is the VCDL taking on a restaurant chain that disallows self defense carry! Keep in mind that Va. prohibits CC in restaurants that serve alcohol (there by requiring Open Carry)

[GuyW]

Much of the positive changes in Va. have been effected by one of America's best grassroots self defense organizations; the Virginia Citizen's Defense League Check them out.

What do they know that we don't, and why?

Calguns Foundation is our equivalent.

I'm just asking - is it? They seem to be significantly different in scope...

...Be sure you are also supporting them with your fortunes...

Just to be clear - I think CalGuns Foundation will accomplish many worthy goals.

[Liberty1]

What do they know that we don't, and why?

They have a different political climate as well as a state court recognized constitutional right working in their favor.

I'm just asking - is it? They seem to be significantly different in scope....

CGF is still growing and still in its infancy. They're limited also by our political and legal environment. But I see CGF stratigically positioned (espicially with the OLL and some UOC battles generally won and under their belt) to engage in more overt activism as well as in the courts when the stars align with a 2nd A. incorporation case properly decided (soon I hope).

Just to be clear - I think CalGuns Foundation will accomplish many worthy goals.

Me too!

[Ding126]

I hope for the day when breaking news involves the state of CA.

AWB
safe gun roster
Standard capacity magazines
Ca is shall issue state
Open Carry loaded etc etc

Someday...........

[hoffmang]

The scope difference is that we're starting from much further down the rabbit hole than VCDL did. Virginia has a right to keep and bear arms in their own state constitution - something which we do not.

I'll simply point out that open carry loaded is and always has been generally legal in VA, while its been illegal here for a very long time.

-Gene

[trashman]

I'll simply point out that open carry loaded is and always has been generally legal in VA, while its been illegal here for a very long time.

"Yes, but". Prior to 2004 or so, local PDs in many/most large cities in Virginia (definitely Alexandria, Arlington, Hampton, Virginia Beach, and even in places like Roanoke where I grew up) would arrest and cite you for 'brandishing a firearm in public' if you open-carried a firearm in city limits.

I am led to understand that VCDL's excellent efforts in the last decade have changed that, and that state law now pre-empts any local ordinances passed after 1987.

--Neill

[CA_Libertarian]

"Yes, but". Prior to 2004 or so, local PDs in many/most large cities in Virginia (definitely Alexandria, Arlington, Hampton, Virginia Beach, and even in places like Roanoke where I grew up) would arrest and cite you for 'brandishing a firearm in public' if you open-carried a firearm in city limits.

I am led to understand that VCDL's excellent efforts in the last decade have changed that...

And that is exactly what open carry activism is about. It's not just about decriminalizing loaded open carry. It's about making perfectly legal activities safe to exercise without fear of oppression. This includes possession of OLL and preban hi-caps.

Stay tuned for my long gun/OLL open carry outing with pre-ban hi-caps! (JUST KIDDING... as much as I would love to do this... judging by the response open carry has received, I don't think even most 2A supporters are ready to support this level of freedom. Some day though... another perfectly legal activity to try at least once.)