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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9/8/16  4:47 pm
Commenter: D. Andrew Peppel, Sr.

OPPOSE Proposed Regulation | Temporary and Permanent
 

I OPPOSE banning lawfully carried firearms in agency buildings of the Commonwealth of Virginia.  Under this Regulatory Town Hall, I have reviewed the text of the proposed ban, the economic impact analysis (including risk assessment statements), the Agency Statement, and the Attorney General's Certification.  I OPPOSE any kind of state government ban/policy/regulation/prohibition/law/statute of any form (including the temporary order) that restricts the right to carry firearms by citizens of the United States. 

I have reviewed the memorandum offered at Attorney General Certification of this Virginia Regulatory Town Hall, Dated 21 June 2016, Subject: Letter of Assurance for Proposed Regulations to Replace Emergency Regulations in 1 VAC 30-105 Implementing Executive Order 50 Governing Firearms in Premises Owned, Leased or Controlled by Executive Branch Agencies.  It requires some additional discussion as does certain aspects of the Agency Statement. This AG memorandum is flawed in that ignores exigency in the governor’s proposal of mere day-to-day business being classified/categorized as an “emergency” of the Commonwealth.  It is not, but the Office of the Attorney General ignores that aspect of the ban proposal to conveniently further its certification process.  The term "emergency" has been extorted by the Governor and by the Attorney General as there are no emergencies.  This extortion of an "emergency regulation" under Va. Code §2.2-4011(A) that would have been "necessitated by an emergency situation" is malfeasance to forge a gateway to § Va. Code §§ 2.2-1100 (B), 2.2-1102 (A)(1), and 2.2-1129(B) as a means of further efforts to unlawfully disarm Virginia citizenry.  Secondly, and in furthering my opposition, the impact analysis risk statement is errant and a distortion of the events which would likely entail such an emerging need for "emergency regulation" or "emergency situation" restriction.  Thirdly, In the subsection titled, “Requirements more restrictive than federal” of the Agency Statement the agency claims, “There are no applicable federal requirements” impacted by this “emergency situation” construct.  That statement contravenes the United States Bill of Rights as constitutional laws prohibiting actions by government and the Virginia Constitution predicated on it.

This proposal serves only as a stepping stone to furthering a politically-driven agenda. It is only in that context that the AG Office can state with impropriety that “the regulations do not appear to conflict with the United States Constitution or the Constitution of Virginia, and do not appear to conflict with any federal or state law currently in effect.”   Not having satisfied any "emergency" this governor's proposal is ill-conceived, and the AG's Certification ill-advised.  As such, it only circumscribes and contradicts the 2nd Amendment of the United States Constitution.  It further mires a private citizen in endless bureaucracy in the event of a bona fide emergency in the public arena; the likes of which has been increased under the temporary ban and would only be increased if this ban is made permanent.  There is no basis for the temporary "emergency" regulation currently on record for the governor's order that presently runs through June 2017 and it should be immediately lifted/removed. 

CommentID: 54336