Virginia Regulatory Town Hall
Agency
Department of General Services
 
Board
Department of General Services
 
chapter
Regulations Banning Concealed Firearms in Offices Occupied by Executive Branch Agencies [1 VAC 30 ‑ 105]
Action Promulgation of new regulation banning concealed firearms in executive branch agency offices
Stage Proposed
Comment Period Ended on 10/21/2016
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8/25/16  10:36 am
Commenter: Mike Stollenwerk, co-founder OpenCarry.org

I oppose the effort to ban gun carry, concealed or otherwise in state offices and buildings
 

I oppose the effort to ban gun carry, concealed or otherwise in state offices and buildings.  The Governor does not have the authority to ban concealed or open carry - only the legislature can do this. 

In 2002 Attorney General’s opinion (02-074) by Jerry Kilgore noted that “A person’s privilege to carry a concealed handgun is considered universal within the Commonwealth subject to limited circumstances. The General Assembly has specifically set out those places where the carrying of a concealed handgun is prohibited….”

In 2008, Attorney General McDonnell made a similar statement in an Attorney General opinion (08-043) dealing with open carry in state parks:

“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 individual…”

Generally, state and federal courts routinely accept state Attorney General Opinions are having "great weight" or "great respect".  These two AG opinions have remained on the books without being disturbed by the General Assembly for many years.  As such, these opinions are due great deference and substantial weight by both executive rule makers and the judicial branch.  See Twietmeyer v. City of Hampton, 255 Va. 387, 393, 497 S.E.2d  858, 861 (1998) ("While it is not binding on this Court, an Opinion of the  Attorney General is "entitled to due consideration."   This is particularly so when the General  Assembly has known of the Attorney General's Opinion, in this case for five years, and has done nothing to change it.  "The legislature is presumed to have had knowledge of the Attorney General's interpretation of the statutes, and its failure to make corrective amendments evinces legislative acquiescence in the Attorney General's view." Browning-Ferris, Inc. v. Commonwealth, 225 Va. 157, 161-62, 300 S.E.2d 603, 605-06 (1983).  Beck v. Shelton, 267 Va 482; 593 S.E.2d 195 ( 2004).)

Based on AG Opinions 02-74 and 08-43 providing the universal right to carry handguns concealed or openly in the Commonwealth except as otherwise limited by the General Assembly, it is clear that the Governor needs legislative authority to ban either concealed or open carry in executive offices and other state buildings.

CommentID: 51100