The current state forest regulations should be amended to de-criminalize both open and concealed carry of firearms identified as alternative number 2 in the supporting .pdf.

The agency cites safety and enjoyment of all persons as the reason to maintain a criminal penalty for openly carrying a firearm in a state forest.  This is conduct which is legal in other parts of the Commonwealth and does not have any special standing to criminalize such conduct in a forest.

The proposed amendment to decriminalize only concealed firearms would violate Article 1, Section 14 of the Virginia Constitution by denying citizens a uniform government.  It would further violate Article 1, Section 13 of the Virginia Constitution which prohibits state agencies from usurping or interfering with the rights to keep and bear arms.   There is no permit required protection under these Constitutional provisions.  

Further, this action is being taken because the State Forests were never empowered with regulatory authority over the possession of firearms generally.  Since the AG has confirmed this position, the amended regulation cannot legally prohibit open carry of firearms by language requiring concealment.  No act of the General Assembly has granted new authority to the State Forests in this matter. 

The State Forester rationale for not decriminalizing openl y carried firearms defies logic, common sense and legal backing.  Further, it would create a "legal trap" for otherwise law abiding citizens who would almost certainly be able to raise a due process violation claim against the regulation if passed as endorsed by the State Forester.  

In closing, the final regulation needs to decriminalize both open and concealed firearms carrying.