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VA Creeper Trail Question

Nascar24Glock

Regular Member
Joined
Jun 29, 2011
Messages
252
Location
Johnson City, TN
Previously on this forum, I had asked if it is legal to carry a handgun on the Virginia Creeper Trail (yes, I have a handgun carry permit from a state Virginia recognizes). I noticed on this website that one of the rules for the Creeper Trail says "On the Abingdon to Damascus portion of the trail, hunting or carrying firearms is prohibited at all times."

http://www.vacreepertrail.us/rules.html

So, is it legal to carry a handgun on the VA Creeper Trail? If so, then why does the website for the Creeper Trail seem to say otherwise?
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,336
Location
Valhalla
Some of the trail passes through private property.

"[FONT=Arial, Helvetica, sans-serif]The Virginia Creeper Trail is a combined effort of many organizations and passes through several city and county jurisdictions not to mention private property. From the trail head in Abingdon to Damascus, the City of Abingdon and the Town of Damascus maintain and support the trail with the cooperation of the property owners. From Damascus to the NC State line the US Forest Service maintains the trail in cooperation the the property owners."
http://www.vacreepertrail.com/information/geninfo.htm
[/FONT]
 

Nascar24Glock

Regular Member
Joined
Jun 29, 2011
Messages
252
Location
Johnson City, TN
Some of the trail passes through private property.

"[FONT=Arial, Helvetica, sans-serif]The Virginia Creeper Trail is a combined effort of many organizations and passes through several city and county jurisdictions not to mention private property. From the trail head in Abingdon to Damascus, the City of Abingdon and the Town of Damascus maintain and support the trail with the cooperation of the property owners. From Damascus to the NC State line the US Forest Service maintains the trail in cooperation the the property owners."
http://www.vacreepertrail.com/information/geninfo.htm
[/FONT]
I don't remember any of the private property owners posting "no weapons".

Plus, even if the trail passes through private property, is the trail itself public park property?
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,336
Location
Valhalla
I don't remember any of the private property owners posting "no weapons".

Plus, even if the trail passes through private property, is the trail itself public park property?
To my knowledge, none of the private property is posted by the owners (or anyone else). Even if it were, one would only be exposed to trespassing charge upon refusing to leave any section owned privately. Bear in mind that one cannot tell where they move from public to private land.

Some of the trail is probably somewhat like a public park w/o being designated as such. Think it is more like a pedestrian thoroughfare/right of way where the public has the limited right of use - similar to the public sidewalks around MCV or VCU.

The sections actually owned by a municipality are restricted from forbidding guns by Virginia's preemption statute:
http://law.justia.com/codes/virginia/2006/toc1502000/15.2-915.html

Though the entire trail is maintained by several different entities, I see nothing authorizing such a rule as they suggest (no weapons/guns) either in the Code of Virginia or in the Virginia Administrative Code - the first being statute law, the latter a rule making procedure under the executive branch.
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,556
Location
Valhalla
To my knowledge, none of the private property is posted by the owners (or anyone else). Even if it were, one would only be exposed to trespassing charge upon refusing to leave any section owned privately. Bear in mind that one cannot tell where they move from public to private land.

Some of the trail is probably somewhat like a public park w/o being designated as such. Think it is more like a pedestrian thoroughfare/right of way where the public has the limited right of use - similar to the public sidewalks around MCV or VCU.

The sections actually owned by a municipality are restricted from forbidding guns by Virginia's preemption statute:
http://law.justia.com/codes/virginia/2006/toc1502000/15.2-915.html

Though the entire trail is maintained by several different entities, I see nothing authorizing such a rule as they suggest (no weapons/guns) either in the Code of Virginia or in the Virginia Administrative Code - the first being statute law, the latter a rule making procedure under the executive branch.
My guess it's just a general statment concerning the National Forest during non hunting season. Even that would be allowed with one of those C things.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,449
Location
Valhalla
The Virginia Creeper Trail is a combined effort of many organizations and passes through several city and county jurisdictions not to mention private property. From the trail head in Abingdon to Damascus, the City of Abingdon and the Town of Damascus maintain and support the trail with the cooperation of the property owners. From Damascus to the NC State line the US Forest Service maintains the trail in cooperation the the property owners."
http://www.vacreepertrail.com/information/geninfo.htm
There ^^ is your posting. You are on record as having read it.

stay safe.
 
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