Virginia Regulatory Town Hall
Agency
Department of Forestry
 
Board
Department of Forestry
 
chapter
Virginia State Forest Regulations [4 VAC 10 ‑ 30]
Action Amend Requirements for Carrying Handguns in State Forests
Stage NOIRA
Comment Period Ended on 7/8/2009
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6/25/09  10:24 am
Commenter: Doug Dyer, VA resident

I support the new regulation, but open carry needs to be allowed
 

When I joined the Air Force, I took an oath to support and defend to US Constitution.  The Governor, Secretary of Agriculture and Forestry, and State Forester all took an oath to defend both the US Constitution and the Virginia Constitution (oath: see Article II, Section 7 of the Virginia Constitution).  Is the current regulation consistent with that oath? 

In the Virginia Constitution, Article I Section 1 indicates that safety is a natural right of man.   Banning citizens from carrying firearms precludes effective self-defense and safety in many situations. 

Article I Section 13 states: "the right of the people to keep and bear arms shall not be infringed."  In this phrase, "bear" means "carry."  Current regulations clearly infringe upon the right of the people to bear arms in Virginia by making it illegal. The Virginia Constitution trumps regulations of the Department of Forestry. That is why the current regulation is illegal.

Article I Section 7 indicates that laws should not be suspended without the consent of the representatives of the people.  The current regulation suspends the law (the Virginia Constitution) without consent of the people's representatives.

Article I Section 14 guarantees the right to uniform government.  The current regulation makes a rule for the state forests that is not uniform with the rest of the state.  

Of course, the 2nd amendment to the US Constitution is essentially equivalent to Article I Section 13 of the Virginia Constitution in guaranteeing that people can bear arms without infringement.  In both cases, it is a guarantee that the people will control the government, not the other way around, and idea eloquently expressed in Article I, Section 2 of the Virginia Constitution. 

Gun control, like the prohibition against alcohol from 1919 to 1930, is a wonderful social experiment that is currently running its course.  It is not logical or practical, and in time, we will see its demise.  Our founding fathers were practical and smart.  They realized that without arms, it would have been impossible to throw off tyrannical government and become free which is the natural state of man. They were on the right side of history.  I don't think anyone in government wants to be on the wrong side of history.  Some say we no longer need arms to deter tyranny.  I wonder how they can believe this after watching protests in Iran and knowing that hundreds of millions of unarmed people have been killed by their governments in relatively recent history.

Regardless of your views on gun control, however, if you are a decision-maker in this case, I urge you to remember the oath you took and honor your commitment to the people.  You should not need a public request to uphold your oath, but if you do, then I respectfully ask you to support the proposed change in the regulation to allow CHP holders to carry concealed.  I also ask for a hearing on allowing open carry in state forests.  

CommentID: 8742