Open Carry is Virginia State Parks

This is a discussion on Open Carry is Virginia State Parks within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; The Chairman (DNC) rules by edict. The From VA-ALERT: I just got a copy of a directive from Governor Kaine to Joe Elton, the State ...

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Thread: Open Carry is Virginia State Parks

  1. #1
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    Thumbs down Open Carry is Virginia State Parks

    The Chairman (DNC) rules by edict.

    The From VA-ALERT:

    I just got a copy of a directive from Governor Kaine to Joe Elton, the State Parks Director, that open carry is to remain banned in State Parks, regardless of a recent Attorney General's opinion that said such a ban was not enforceable.

    In the directive, which we will post to the VCDL site soon, the Governor basically said that since there has been no legislation put forward stating that State Parks cannot have such a ban, the General Assembly must be OK with it.

    That is backwards. The government is only supposed to have the power to do things specifically authorized by law, with everything else prohibited. If State Parks have not been authorized specifically by the General Assembly to have a gun ban, then they shouldn't be able to have one.

    With elections coming up in November, this policy could be reversed at the Gubernatorial level in 2010.

    Elections or not, the best way to fix this is to get a state agency preemption bill passed next year that prohibits state agencies from having gun bans unless they have permission from the General Assembly.

    Here is the Governor's directive:

    http://www.vcdl.org/letters/GovKaine-CW.pdf
    VA-ALERT is a project of the Virginia Citizens Defense League, Inc.
    Last edited by DaveH; March 18th, 2009 at 08:49 PM. Reason: bad spacing
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    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

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    Member Array prawls's Avatar
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    Kaine is a freakin' troll.
    CARRY GUNS:
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    Quote Originally Posted by prawls View Post
    Kaine is a freakin' troll.
    Kane and state Senator Marsh are freakin' IDIOTS. Remember, "we can truly not fix stupid, but we can vote them out of office.

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    Quote Originally Posted by celticredneck View Post
    we can vote them out of office.
    Can't vote The Chairman out he was hand picked to lead the DNC by & for you-know-whose vision.

    OTOH, his part-time job ends at end of term in '10.
    Μολὼν λαβέ

    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

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    Glad the VCDL is around to chase down these issues. It's hard to believe Kaine vetoed the restaurant CHP bill the other day, but he did.

    On the bright side, imagine how much additional mischief the governor could get into if he wasn't trying to do two jobs at the same time? (DNC Chairman and Governor of Virginia.)

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    Quote Originally Posted by Runcible View Post
    Glad the VCDL is around to chase down these issues. It's hard to believe Kaine vetoed the restaurant CHP bill the other day, but he did.

    On the bright side, imagine how much additional mischief the governor could get into if he wasn't trying to do two jobs at the same time? (DNC Chairman and Governor of Virginia.)
    Actually it's not hard to believe, he did it last year as well. But then he has his governors mansion on the capitol grounds surrounded by the capitol police, so what does he care!

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    I have been here in VA about a month and I already hate this guy.
    Mark

    "The world is filled with violence. Because criminals carry guns, we decent law-abiding citizens should also have guns. Otherwise they will win and the decent people will lose."

    -James Earl Jones

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    Quote Originally Posted by me View Post
    I have been here in VA about a month and I already hate this guy.
    Get in line!!!
    fortiter in re, suaviter in modo (resolutely in action, gently in manner).

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    VIP Member Array packinnova's Avatar
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    Quote Originally Posted by me View Post
    I have been here in VA about a month and I already hate this guy.
    Quote Originally Posted by PaulG View Post
    Get in line!!!
    Yeah...look for the longest line of p*#$$3d off Virginians and you've found the line.
    "My God David, We're a Civilized society."

    "Sure, As long as the machines are workin' and you can call 911. But you take those things away, you throw people in the dark, and you scare the **** out of them; no more rules...You'll see how primitive they can get."
    -The Mist (2007)

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    VIP Member Array packinnova's Avatar
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    Yeah well, like most politicians, Kaine either didn't read the Virginia Constitution before, during or after his election or...he did read it and he's just ignoring it.

    I don't see anything in there about what the Governor says goes, do you? He can suggest amendments, changes etc... to bills to the General Assembly. He can sign bills or veto them. There's nothing in there about him declaring new laws as king. He should immediately be brought up on charges of violation of oath of office and of the State Constitution and impeachment proceedings should begin...then again half the general assembly is either totally ignorant of the Constitution as well and or is complicit.
    Section 5. Legislative responsibilities of Governor.

    The Governor shall communicate to the General Assembly, at every regular session, the condition of the Commonwealth, recommend to its consideration such measures as he may deem expedient, and convene the General Assembly on application of two-thirds of the members elected to each house thereof, or when, in his opinion, the interest of the Commonwealth may require.

    Section 6. Presentation of bills; powers of Governor; vetoes and amendments.

    (a) Every bill which passes the Senate and House of Delegates, before it becomes law, shall be presented to the Governor.
    (b) During a regular or special session, the Governor shall have seven days in which to act on the bill after it is presented to him and to exercise one of the three options set out below. If the Governor does not act on the bill, it shall become law without his signature.
    (i) The Governor may sign the bill if he approves it, and the bill shall become law.
    (ii) The Governor may veto the bill if he objects to it by returning the bill with his objections to the house in which the bill originated. The house shall enter the objections in its journal and reconsider the bill. The house may override the veto by a two-thirds vote of the members present, which two-thirds shall include a majority of the members elected to that house. If the house of origin overrides the Governor's veto, it shall send the bill and Governor's objections to the other house where the bill shall be reconsidered. The second house may override the Governor's veto by a two-thirds vote of the members present, which two-thirds shall include a majority of the members elected to that house. If both houses override the Governor's veto, the bill shall become law without his signature. If either house fails to override the Governor's veto, the veto shall stand and the bill shall not become law.
    (iii) The Governor may recommend one or more specific and severable amendments to a bill by returning it with his recommendation to the house in which it originated. The house shall enter the Governor's recommendation in its journal and reconsider the bill. If both houses agree to the Governor's entire recommendation, the bill, as amended, shall become law. Each house may agree to the Governor's amendments by a majority vote of the members present. If both houses agree to the bill in the form originally sent to the Governor by a two-thirds vote of all members present in each house, which two-thirds shall include a majority of the members elected to that house, the original bill shall become law. If the Governor sends down specific and severable amendments then each house may determine, in accordance with its own procedures, whether to act on the Governor's amendments en bloc or individually, or any combination thereof. If the house of origin agrees to one or more of the Governor's amendments, it shall send the bill and the entire recommendation to the other house. The second house may also agree to one or more of the Governor's amendments. If either house fails to agree to the Governor's entire recommendation or fails to agree to at least one of the Governor's amendments agreed to by the other house, the bill, as originally presented to the Governor, shall be returned to the Governor. If both houses agree to one or more amendments but not to the entire recommendation of the Governor, the bill shall be reenrolled with the Governor's amendments agreed to by both houses and shall be returned to the Governor. If the Governor fails to send down specific and severable amendments as determined by the majority vote of the members present in either house, then the bill shall be before that house, in the form originally sent to the Governor and may be acted upon in accordance with Article IV, Section 11 of this Constitution and returned to the Governor. The Governor shall either sign or veto a bill returned as provided in this subsection or, if there are fewer than seven days remaining in the session, as provided in subsection (c).
    (c) When there are fewer than seven days remaining in the regular or special session from the date a bill is presented to the Governor and the General Assembly adjourns to a reconvened session, the Governor shall have thirty days from the date of adjournment of the regular or special session in which to act on the bills presented to him and to exercise one of the three options set out below. If the Governor does not act on any bill, it shall become law without his signature.
    (i) The Governor may sign the bill if he approves it, and the bill shall become law.
    (ii) The Governor may veto the bill if he objects to it by returning the bill with his objections to the house in which the bill originated. The same procedures for overriding his veto are applicable as stated in subsection (b) for bills vetoed during the session.
    (iii) The Governor may recommend one or more specific and severable amendments to a bill by returning it with his recommendation to the house in which it originated. The same procedures for considering his recommendation are applicable as stated in subsection (b) (iii) for bills returned with his recommendation. The Governor shall either sign or veto a bill returned to him from a reconvened session. If the Governor vetoes the bill, the veto shall stand and the bill shall not become law. If the Governor does not act on the bill within thirty days after the adjournment of the reconvened session, the bill shall become law without his signature.
    (d) The Governor shall have the power to veto any particular item or items of an appropriation bill, but the veto shall not affect the item or items to which he does not object. The item or items objected to shall not take effect except in the manner provided in this section for a bill vetoed by the Governor.
    (e) In all cases set forth above, the names of the members voting for and against the bill, the amendment or amendments to the bill, or the item or items of an appropriation bill shall be entered on the journal of each house.

    The amendment ratified November 8, 1994 and effective January 1, 1995—Rewrote the section to provide that the Governor may offer only one set of amendments to any bill, to require the Governor to take action to veto a bill, to allow the General Assembly to sever the Governor’s amendments, acting on them individually or en bloc, and to allow the General Assembly to propose its own amendments if it determines the Governor’s amendments are not severable. [The amendment to this section ratified November 4, 1980 and effective January 1, 1981 was superseded by the 1994 amendment.]

    Section 7. Executive and administrative powers.

    The Governor shall take care that the laws be faithfully executed.

    The Governor shall be commander-in-chief of the armed forces of the Commonwealth and shall have power to embody such forces to repel invasion, suppress insurrection, and enforce the execution of the laws.

    The Governor shall conduct, either in person or in such manner as shall be prescribed by law, all intercourse with other and foreign states.

    The Governor shall have power to fill vacancies in all offices of the Commonwealth for the filling of which the Constitution and laws make no other provision. If such office be one filled by the election of the people, the appointee shall hold office until the next general election, and thereafter until his successor qualifies, according to law. The General Assembly shall, if it is in session, fill vacancies in all offices which are filled by election by that body.

    Gubernatorial appointments to fill vacancies in offices which are filled by election by the General Assembly or by appointment by the Governor which is subject to confirmation by the Senate or the General Assembly, made during the recess of the General Assembly, shall expire at the end of thirty days after the commencement of the next session of the General Assembly.

    oooh and he can't claim that it's for "conservation" either because that's powers delegated to the General Assembly and NOT the Governator...
    ARTICLE XI

    Conservation


    Section 1. Natural resources and historical sites of the Commonwealth.

    To the end that the people have clean air, pure water, and the use and enjoyment for recreation of adequate public lands, waters, and other natural resources, it shall be the policy of the Commonwealth to conserve, develop, and utilize its natural resources, its public lands, and its historical sites and buildings. Further, it shall be the Commonwealth's policy to protect its atmosphere, lands, and waters from pollution, impairment, or destruction, for the benefit, enjoyment, and general welfare of the people of the Commonwealth.

    Section 2. Conservation and development of natural resources and historical sites.

    In the furtherance of such policy, the General Assembly may undertake the conservation, development, or utilization of lands or natural resources of the Commonwealth, the acquisition and protection of historical sites and buildings, and the protection of its atmosphere, lands, and waters from pollution, impairment, or destruction, by agencies of the Commonwealth or by the creation of public authorities, or by leases or other contracts with agencies of the United States, with other states, with units of government in the Commonwealth, or with private persons or corporations. Notwithstanding the time limitations of the provisions of Article X, Section 7, of this Constitution, the Commonwealth may participate for any period of years in the cost of projects which shall be the subject of a joint undertaking between the Commonwealth and any agency of the United States or of other states.

    Section 3. Natural oyster beds.

    The natural oyster beds, rocks, and shoals in the waters of the Commonwealth shall not be leased, rented, or sold but shall be held in trust for the benefit of the people of the Commonwealth, subject to such regulations and restriction as the General Assembly may prescribe, but the General Assembly may, from time to time, define and determine such natural beds, rocks, or shoals by surveys or otherwise.

    Section 4. Right of the people to hunt, fish, and harvest game.

    The people have a right to hunt, fish, and harvest game, subject to such regulations and restrictions as the General Assembly may prescribe by general law.
    The amendment ratified November 7, 2000 and effective January 1, 2001—Added a new section (4).
    "My God David, We're a Civilized society."

    "Sure, As long as the machines are workin' and you can call 911. But you take those things away, you throw people in the dark, and you scare the **** out of them; no more rules...You'll see how primitive they can get."
    -The Mist (2007)

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