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

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

Effective Date: July 7, 2011.

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.

Background: In response to a petition for rulemaking, the Department of Forestry published a proposed amendment to 4VAC10-30-170, which would remove the prohibition against lawful concealed firearms and continue the prohibition on open carried firearms, and sought public input on this proposal (26:12 VA.R. 1864-1865 February 15, 2010). Due to the overwhelming level of requests to remove the prohibition against not only lawful concealed firearms but also open-carried firearms, the Department of Forestry conducted a second public comment period after publication of a revised proposed amendment to allow the lawful carrying of both open and concealed firearms in state forests (27:12 VA.R. 1275-1276 February 14, 2011).

Summary:

This final amendment allows persons to carry lawful open and concealed firearms onto state forest properties under the ownership and management of the Department of Forestry.

Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

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 lawful 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 firearms and firearms ammunition.