Action | Promulgation of new regulation banning concealed firearms in executive branch agency offices |
Stage | Emergency/NOIRA |
Comment Period | Ended on 1/27/2016 |
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This Unconstitutional and unethical, wholly unauthorized attempt to impair and curtail citizens' rights must be rejected based upon the following
1) The Virginia Bill of Rights, set forth in its' Constitution on its' own Legislative Information page here: http://law.lis.virginia.gov/constitution/article1/section13 states that Virginia's government is specifically prohibited from infringing on the citizens' right to keep and bear arms: "the right of the people to keep and bear arms shall not be infringed." This action applies to the Virginia government without exception and cannot be evaded by the Governor or any other portion of the Commonwealth or through the use of the rulemaking process.
2) The Governor's actions in declaring an emergency act and attempting to use the rulemaking process thereafter are without lawful authority, There is no portion of Virginia's Constitution and in particular no part of Article V, Executive which authorizes the Governor to take such action. Instead, Virginia's Constitution indicates that the Governor must recommend to the legislature "such measures as he may deem expedient." See http://law.lis.virginia.gov/constitution/article5/section5 . Any such restriction must be duly submitted to the Legislature, not done through rulemaking process.
3) The Governor's action is a deliberate attempt to avoid a proper submission to the Legislature and to avoid the legislative review process and open hearings on the issue, which is a transparently obvious ploy, unworthy of the legacy of Virginians George Mason, Thomas Jefferson, and George Washington nor the ongoing march of freedom and equality for all people.
The proposed rule, action and process are unlawful, Unconstitutional, unethical and must be rejected.