Title of Regulation: 4VAC10-30. Virginia State Forests Regulations (amending 4VAC10-30-170).

Statutory Authority: § 10.1-1101 of the Code of Virginia.

Public Hearing Information:

March 2, 2010 - 1 p.m. - Buckingham Agricultural Center, Buckingham County, VA

Public Comment Deadline: April 16, 2010.

Agency Contact: Ronald S. Jenkins, Administrative Officer, Department of Forestry, 900 Natural Resources Drive, Suite 800, Charlottesville, VA 22903, telephone (434) 977-6555, FAX (434) 293-2768, or email ron.jenkins@dof.virginia.gov.

Basis: Section 10.1-1101 of the Code of Virginia provides the Department of Forestry, with the approval of the State Forester, the authority to promulgate regulations necessary or incidental to the performance of duties or execution of powers conferred under Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 of the Code of Virginia.

Purpose: The right to bear arms is protected by the second amendment to the Constitution. Citizens are requesting the department to remove the prohibition against carrying handguns within state forests because they believe this action is necessary to protect their health, safety, and welfare against violent people and wild animals.

The proposed amendment allows the lawful carrying of concealed handguns by persons with a valid concealed handgun permit on state forest properties. The current prohibition against persons carrying open carried handguns will remain in place. The agency received a petition to eliminate the prohibition against both open carried handguns and concealed handguns from the Virginia Citizens' Defense League. The department received 1,926 comments supporting the amendment during the notice of intended regulatory action (NOIRA) comment period. The State Forester proposes to amend the regulations to match the state park regulations regarding handguns.

Substance: The agency proposes lifting the ban against persons who possess a valid concealed handgun permit from carrying legal concealed handguns on state forest properties. The agency will propose to continue to ban users from carrying open handguns.

Issues: Citizens may carry concealed handguns with a valid permit in Virginia. Citizens are currently prohibited from carrying concealed handguns onto state forest properties even when they possess a valid concealed handgun permit issued by law enforcement. The state forest amendment will ensure that law abiding citizens will not violate a regulation that carries a Class 4 misdemeanor penalty.

The Virginia Citizens Defense League requested the Department of Forestry to allow the carrying of firearms within state forests. If the regulatory amendment is approved, citizens may carry concealed handguns within state forests with a valid concealed weapon permit. If the regulatory amendment is approved as suggested, the regulations would match the firearms section of the state park regulations.

The Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Department of Forestry proposes to allow the holders of concealed weapons permits to carry their concealed handguns in state forests.

Result of Analysis. The benefits likely exceed the costs for this proposed change.

Estimated Economic Impact. Current state forestry regulations prohibit any individual from bringing any explosives or firearms into state forests. The department proposes to amend this prohibition so that it does not apply to "the carrying of concealed handguns within state forests by holders of a valid concealed handgun permit" issued pursuant to the Code of Virginia.

This change will allow concealed carry permit holders to have the protection of a weapon in state forests which will likely provide a benefit for them as well as any other unarmed citizens that might receive ancillary protection from crime or animal attack. It is very unlikely that any individual would suffer costs from increased crimes on account of this change because concealed carry holders appear to commit far fewer crimes than individuals who do not hold concealed carry permits.¹

Businesses and Entities Affected. This proposed regulatory change will affect all holders of valid concealed carry permits in the Commonwealth.

Localities Particularly Affected. No locality will be particularly affected by this proposed regulatory action.

Projected Impact on Employment. This regulatory action will likely have no impact on employment in the Commonwealth.

Effects on the Use and Value of Private Property. This regulatory action will likely have no effect on the use or value of private property in the Commonwealth.

Small Businesses: Costs and Other Effects. Small businesses in the Commonwealth are unlikely to incur any costs on account of this regulatory action.

Small Businesses: Alternative Method that Minimizes Adverse Impact. Small businesses in the Commonwealth are unlikely to incur any costs on account of this regulatory action.

Real Estate Development Costs. This regulatory action will likely have no effect on real estate development costs in the Commonwealth.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 36 (06). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

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¹ David Kopel of Stanford University's Hoover Institute writes, in an overview of research on concealed carry permit holders and crime, that "In Florida… permit holders are about 300 times less likely to perpetrate a gun crime than Floridians without permits." http://www.hoover.org/publications/policyreview/3574822.html.

Agency's Response to the Department of Planning and Budget's Economic Impact Analysis: The Department of Forestry concurs with the findings of the Department of Planning and Budget. The proposed regulatory amendment will allow persons to carry concealed handguns on state forest lands so long as they possess a valid concealed weapon permit. The change does not add new responsibilities to state or local officials responsible for enforcing weapons laws. Virginia law allows individuals to carry concealed handguns with a valid concealed weapon permit. The Department of Forestry regulatory amendment would allow valid permit holders to carry their handguns on state forest properties, which is currently prohibited by regulation.

Summary:

The proposed amendment allows the lawful carrying of concealed handguns with a valid concealed handgun permit on state forest properties.

4VAC10-30-170. Explosives, fires firearms, etc.

No person shall bring into or have in any forest any explosive or explosive substance, except commercial sporting firearms ammunition; explosives, explosive substances and firearms of all types are prohibited in any portion of a forest assigned to the Department of Forestry, for administration as a recreational area. This regulation shall not apply to the carrying of concealed handguns within state forests by holders of a valid concealed handgun permit issued pursuant to § 18.2-308 of the Code of Virginia.