| 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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This is NOT a commonsense proposal; it’s not even a LAW; it should be stopped here and now
The proposal to enact a ban on lawfully concealed carry in executive offices of Virginia is based on a flawed emergency act that had no original merit. The emergency enactment of this proposal is akin to martial law, declaring an emergency when one did not exist. There is no data or evidence supporting any claims that an emergency or threat exists from lawful concealed carry in executive offices of Virginia. Freedoms were fought hard for, and freedoms should not be extinguished from the political theatrics of a governor. There is no legal basis for this proposal to be enacted through the power of the governor’s office.
In addition to a complete lack of data that supports this proposal, which is therefore NOT commonsense, the penalties for violating this proposal are not published or established beforehand. If there are no penalties, how does this proposal have any weight, and if there exists any penalties for violating this proposal, under which authorities can someone be prosecuted? This regulation does not have the ability to be enforced because it is not a law.
Furthermore, the majority of the comments in this town hall supportive of this proposal discuss a desire to keep guns out of college campuses, which is not germane to the nature of this proposal. There exists no threat from lawful concealed carry in executive offices of Virginia. There exists no rationale why lawful concealed carry at rest stops, DMVs, and ABC stores should be terminated. I think anyone with real commonsense can see that. This proposal does not to protect state employees from gun violence, concealed carry permit holders already undergo a background check.
Last but not least, the governor of Virginia does not have the power to enact this executive order. This regulation goes beyond the capability of the Department of General Services to enact. Contrary to the Deputy Attorney General of Virginia, DGS may NOT adopt the regulations pursuant to Va. Code 2.2-1100(B), 2.2-1102 (A)(1), and 2.2-1129(B). This regulation does appear to conflict with the US Constitution and the Constitution of Virginia, and does conflict with federal and state laws. The memorandum of the Deputy Attorney General of Virginia is not a comment for or against the merits of the proposed regulations, as stated in the memo. This is because the proposed regulations have no merit.