The Department has the authority to [p]rescribe regulations necessary or incidental to the performance of duties or execution of [its] powers.  Code § 2.2-1102.A.

Code § 2.2-1129.B creates the Department's powers in this matter:  "The [Department] shall have charge of all public buildings, grounds and all other property at the seat of government not placed in the charge of others, and shall protect such properties from depredations and injury."

The Department's sole rationale for the propsed regulation is that "[a]llowing concealed carry in these facilities exposes our state employees and fellow citizens to unnecessary risk."  Yet it appears that this "unnecessary risk" is purely imaginary: The Department does not identify any incident where a lawfully carried firearm has caused, or even threatened to cause, any depredation or injury in a State building. 

Indeed, the Department seeks to protect "state employees and fellow citizens" when its authority is to protect the properties, not their occupants.  Virginia already has abundant laws to protect its citizens from "unnecessary risk."

Further, the regulation will do nothing to deter persons who do not abide by the law from entering a State building with a firearm or from using that firearm.  To the contrary, the regulation will assure such persons that their activities will be unhindered by law-abiding citizens so long as the Governor, with his armed escort, is not in the building.  Thus, instead of protecting employees and visitors from "unnecessary risk," the regulation would expose those persons to enhanced and entirely unnecessary risk.

Moreover, the regulation attempts to create by bureaucratic fiat a rule that is contrary to Virginia law.  Code § 18.2-308.01 authorizes concealed carry with a permit except where prohibited by the owner of private property or "otherwise prohobited by law."  The law prohibits concealed carry while drinking in a bar and on school property.  Virginia law does not prohibit licensed concealed carry in government buildings; this regulation proposes to create a prohibition where the General Assembly quite clearly did not choose to do so. 

Adopting this regulation will do nothing but make State buildings more dangerous for the people in them and create unnecessary work for the Attorney General.  The Department should terminate this rulemaking and get on with the business of taking care of our public buildings.