The regulation is insufficeint as a matter of law. The Opinion of the Attorney General stated clearly: "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 individuals.29 Section 18.2-287.4 is the only statute that specifically addresses carrying of firearms in public parks. In the context of parks and public spaces, the General Assembly merely limits certain classifications of firearms and not firearms generally.30 Under accepted rules of statutory construction, the mention of one thing in a statute implies the exclusion of another.31 Further, the Department's enabling legislation does not specifically authorize a prohibition against the open carry of firearms.32"

The DC&R has been told by the State's Constitutional Officer and head of the Department of Law that they have no authority to pass regulations concerning handguns. The Agency may not disregard an official AG opinion on the same subject matter as this suffices as a Case Decison under the VAPA.

 Furthermore, Va. Const. Art. I § 14, Requires that the people have a right to uniform government. An Agency must have constitutional or stautory authority to promulgate or maintain a regulation. The DC&R and the State Forestry have neither under the holding by the Attorney General and under Va. Const. Art. I, § 13.