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Thread: Some Virginia Open Carry Questions

  1. #1
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    Some Virginia Open Carry Questions

    Dear folks,
    I work for a towing/repossession company locally in Richmond. I work in the main office. I started open carrying a Taurus handgun about 2 months ago. My father was in the Marines and over the years he has taught me how to handle firearms. My owner is all for gun rights so he is OK with it. Also I have noticed a significant decrease in the amount of rowdy customers I have to deal with. The police have come to the office several times and have never said anything to me about it. The questions I have are: Can I keep the handgun loaded and ready to go on private property? When I leave I unload the one in the chamber and take the clip out and put it all in the trunk. Is this legal or can I do something else(like have it on the seat next to me or in the glove box)? Thank you in advance for all your help.
    Derrick

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by Vaquero77 View Post
    Dear folks,
    I work for a towing/repossession company locally in Richmond. I work in the main office. I started open carrying a Taurus handgun about 2 months ago. My father was in the Marines and over the years he has taught me how to handle firearms. My owner is all for gun rights so he is OK with it. Also I have noticed a significant decrease in the amount of rowdy customers I have to deal with. The police have come to the office several times and have never said anything to me about it. The questions I have are:

    Can I keep the handgun loaded and ready to go on private property?

    Yes you can unless the owner forbids it. I'm sure you already know that a repossession must be peaceful in Va. If you are on private property and haven't already hooked up, you and the gun have to leave if ordered to.


    When I leave I unload the one in the chamber and take the clip out and put it all in the trunk. Is this legal or can I do something else(like have it on the seat next to me or in the glove box)?

    You can just put it on the seat or in any secured container (your choice), either loaded or unloaded.

    Thank you in advance for all your help.
    Derrick
    Welcome to the site!

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    Regular Member half_life1052's Avatar
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    Somebody jump in here and correct me if I am wrong, but the meaning of secured is closed not necessarily locked.

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by half_life1052 View Post
    Somebody jump in here and correct me if I am wrong, but the meaning of secured is closed not necessarily locked.
    That is correct....but the message hasn't sunk in to some LE yet. User had a case where his client was charged even though it was double secured. It was dismissed but still a PITA. That was also up north where the cops feel like they can ignore the laws they don't like.

    The origional bill as passed, said locked. McDonnell sent it back and it was changed to secured.

    He probably won't have any trouble in Richmond or Henrico, he can count on issues with Chesterfield, but tow truck drivers and repo people are generally given a lot of rope by LE...as long as they keep it low profile.
    Last edited by peter nap; 03-25-2012 at 12:16 PM.

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    Accomplished Advocate peter nap's Avatar
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    I completely forgot about the sticky, carrying a gun in the car...:

    http://forum.opencarry.org/forums/sh...rmit%29-STICKY

    This gives a lot of detailed information. Thanks TFred!

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    Regular Member TFred's Avatar
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    Quote Originally Posted by peter nap View Post
    I completely forgot about the sticky, carrying a gun in the car...:

    http://forum.opencarry.org/forums/sh...rmit%29-STICKY

    This gives a lot of detailed information. Thanks TFred!
    That thread is a collaborative effort! I had very little input!

    It is a good resource, especially if you want to understand the basis for the current law.

    TFred

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    Regular Member Mayhem's Avatar
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    Welcome to the site. Thank you for exercising your rights to carry and defend yourself.

    "Can I keep the handgun loaded and ready to go on private property? When I leave I unload the one in the chamber and take the clip out and put it all in the trunk. Is this legal or can I do something else(like have it on the seat next to me or in the glove box)? Thank you in advance for all your help."

    Why would you think you can't have it loaded when on private property?

    Is there any law in your area that states you cannot have a loaded gun in your vehicle while it is in plain view?


    http://leg1.state.va.us/cgi-bin/legp...cod+18.2-287.4
    Carrying loaded firearms in public areas prohibited; penalty

    It shall be unlawful for any person to carry a loaded (a) semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (b) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William.

    The provisions of this section shall not apply to law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid concealed handgun permit or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

    http://leg1.state.va.us/cgi-bin/legp...0+cod+18.2-308
    Personal protection; carrying concealed weapons; when lawful to carry

    10. Any person who may lawfully possess a firearm and is carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel.
    Last edited by Mayhem; 03-25-2012 at 04:48 PM.

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    Quote Originally Posted by peter nap View Post
    That is correct....but the message hasn't sunk in to some LE yet. User had a case where his client was charged even though it was double secured. It was dismissed but still a PITA. That was also up north where the cops feel like they can ignore the laws they don't like.

    The origional bill as passed, said locked. McDonnell sent it back and it was changed to secured.

    He probably won't have any trouble in Richmond or Henrico, he can count on issues with Chesterfield, but tow truck drivers and repo people are generally given a lot of rope by LE...as long as they keep it low profile.
    I have personally seen regular towing company on private property carries firearms right in front of their center console and readily accessible if they need to. East Coast and Advanced Towing to name a few....

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    Hold on there a minute

    Quote Originally Posted by peter nap View Post
    That is correct....but the message hasn't sunk in to some LE yet. User had a case where his client was charged even though it was double secured. It was dismissed but still a PITA. That was also up north where the cops feel like they can ignore the laws they don't like.

    The origional bill as passed, said locked. McDonnell sent it back and it was changed to secured.

    He probably won't have any trouble in Richmond or Henrico, he can count on issues with Chesterfield, but tow truck drivers and repo people are generally given a lot of rope by LE...as long as they keep it low profile.
    I would have to disagree with you about Chesterfield. I have never had a problem and I live in "North Chesterfield".

    Could it be that the barrel on that cannon of yours extends down to your knee????

    I think it is more an envy problem because yours is bigger than theirs. ;>)

  10. #10
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by va_tazdad View Post
    I would have to disagree with you about Chesterfield. I have never had a problem and I live in "North Chesterfield".

    Could it be that the barrel on that cannon of yours extends down to your knee????

    I think it is more an envy problem because yours is bigger than theirs. ;>)


    I don't have any problems with them but I never stop there either.
    Others have including Grapeshot I believe. Remember, this is the county that arrested an OC Jogger because he was jogging past a school.

  11. #11
    Founder's Club Member - Moderator ed's Avatar
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    Quote Originally Posted by Vaquero77 View Post
    and take the clip out
    Why? do you have long hair?

    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
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    For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)

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    Founder's Club Member thebigsd's Avatar
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    Quote Originally Posted by ed View Post
    Why? do you have long hair?

    Great pic Ed. Did you draw that all by yourself?

    ...and good point by the way.
    "When seconds count between living or dying, the police are only minutes away."

  13. #13
    Founder's Club Member - Moderator ed's Avatar
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    Quote Originally Posted by thebigsd View Post
    Great pic Ed. Did you draw that all by yourself?
    Google Search on the INTERWEB
    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
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    For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)

  14. #14
    Regular Member Red Dawg's Avatar
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    LOL..My favorite part of Ed's pic is the pew pew....Like it's electronic..."LAZER" hehehe..

    I know it's hard, but old habits for some are hard to break...Banana clip is a part of speech for older types that had a certain type of training...
    The Second Amendment is in place
    in case the politicians ignore the others

    A gun in the hand is better than a cop on the phone

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