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A question from my daughter - Age to Open Carry?

sparkman2

Regular Member
Joined
Jul 18, 2011
Messages
132
Location
Hampton Roads, Virginia
At what age can an individual open carry a handgun in the state of Virginia? Does anyone know the link to the state code for that? I told her 18 but I want to be absolutely sure on this. little help here please.
 

VApatriot

Regular Member
Joined
May 8, 2006
Messages
998
Location
Burke/Blacksburg, Virginia, USA
You are correct that you can open carry at 18 in Virginia. The code doesn't expressly say that you can, but it says that no one under 18 (with a few minor exceptions) can possess or transport a handgun. If you sort of read it backwards, anyone 18 and over and not otherwise prohibited can possess and transport (carry) a handgun in Virginia.

Here is the most applicable code:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.7
§ 18.2-308.7. Possession or transportation of certain firearms by persons under the age of 18; penalty.

It shall be unlawful for any person under 18 years of age to knowingly and intentionally possess or transport a handgun or assault firearm anywhere in the Commonwealth. For the purposes of this section, "handgun" means any pistol or revolver or other firearm originally designed, made and intended to fire single or multiple projectiles by means of an explosion of a combustible material from one or more barrels when held in one hand and "assault firearm" means any (i) semi-automatic centerfire rifle or pistol which 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 which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (ii) shotgun with a magazine which will hold more than seven rounds of the longest ammunition for which it is chambered. A violation of this section shall be a Class 1 misdemeanor.

Follow the link to read the exceptions to this particular code and to read up on the rest of Virginia's gun laws.
 
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carsontech

Activist Member
Joined
Apr 7, 2011
Messages
529
Location
Anderson, SC
There is no law that says at what age someone is allowed to openly carry or posses a pistol, there are only laws that states at what ages someone can't posses, with exceptions:

See the following Virginia code of law:

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.7

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-309

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+1-207


Also, federal law, should be consulted, as well:

http://www.atf.gov/publications/download/i/atf-i-5300-2.pdf


Edit:
It looks like VApatriot pasted the same information as well, at the same time I did. I added a few other things that are relevant to the topic.
 
Last edited:

MSC 45ACP

Regular Member
Joined
Apr 23, 2009
Messages
2,840
Location
Newport News, Virginia, USA
As covered already: 18.

I got my oldest daughter a Glock 21SF (small frame for small hands) for her 18th birthday.
We had an OC Dinner to celebrate the day. Great Turnout! Hard to believe its been a little over 3 years since then!
She stopped OCing because of the "attention" she got (being 5' tall and carrying a full size .45 pistol on her hip),
so she couldn't wait until she turned 21 so she could get her CHP.

Make sure she is WELL TRAINED before she carries. That includes learning about VA gun laws.
This forum is a good start. Just remember what they say about advice on the internet and opinions...
She is much better off taking a course that includes range time. There are several here that teach them.

ProShooter teaches classes that come highly recommended. If you live near him, I would recommend you check out what he has to offer.
If you aren't near him, then I would recommend she take a course taught by a certified NRA Instructor.
Uncle Billy-Joe-Jim-Bob may know all about guns, but he may not be the best one to teach Virginia-specific laws and the practical side of things.
 

Wolf_shadow

Activist Member
Joined
Jul 5, 2006
Messages
1,215
Location
Accomac, Virginia, USA
As covered already: 18.

I got my oldest daughter a Glock 21SF (small frame for small hands) for her 18th birthday.
We had an OC Dinner to celebrate the day. Great Turnout! Hard to believe its been a little over 3 years since then!
She stopped OCing because of the "attention" she got (being 5' tall and carrying a full size .45 pistol on her hip),
so she couldn't wait until she turned 21 so she could get her CHP.

Make sure she is WELL TRAINED before she carries. That includes learning about VA gun laws.
This forum is a good start. Just remember what they say about advice on the internet and opinions...
She is much better off taking a course that includes range time. There are several here that teach them.

ProShooter teaches classes that come highly recommended. If you live near him, I would recommend you check out what he has to offer.
If you aren't near him, then I would recommend she take a course taught by a certified NRA Instructor.
Uncle Billy-Joe-Jim-Bob may know all about guns, but he may not be the best one to teach Virginia-specific laws and the practical side of things.
*1

Mike good to see you back!
 

45acpForMe

Newbie
Joined
Nov 21, 2008
Messages
2,805
Location
Yorktown, Virginia, USA
Your Own Property

§ 18.2-308.7. Possession or transportation of certain firearms by persons under the age of 18; penalty.

This section shall not apply to:

1. Any person (i) while in his home or on his property; (ii) while in the home or on the property of his parent, grandparent, or legal guardian; or (iii) while on the property of another who has provided prior permission, and with the prior permission of his parent or legal guardian if the person has the landowner's written permission on his person while on such property;

§ 18.2-56.2. Allowing access to firearms by children; penalty. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-56.2


I would say 14 is the correct age that a person can OC on their own property without a parent around. With a parent overseeing, any age assuming the gun doesn't weigh more than them and tip them over. :)

I have thought about this since when I am not at home you can not leave a handgun accessible to a child if they are below 14. Currently I have to lock my handguns away while I am away from home if my daughters stay home since my youngest is 13.

Off your property 18 is legal.
 

sparkman2

Regular Member
Joined
Jul 18, 2011
Messages
132
Location
Hampton Roads, Virginia
I want to thank everyone who took the time to pass along all this valuable information. I have been trying to get back and read some of the posts but have been occupied with her graduation from high school. The reason that I asked is because my daughter and a couple of her friends wanted to know when it would be legal for them to carry a handgun for protection. All are honor grads and I have known them all since they were in the Brownies and Girls Scouts together. Who would have thought huh? I was honored that they would come to me and ask and I just wanted to make sure that the information that I was about to give them was as accurate as possible. I would rather give them no information than the wrong information. Most still live at home so I recommended that they discuss any such plans with their parents because the rules of their parents house applies when it come to such things as this. I know their parents and I am confident that they would be happy to get the necessary training for their daughters if they ask them to do so.
 

ed

Founder's Club Member - Moderator
Joined
Mar 8, 2008
Messages
4,841
Location
Loudoun County - Dulles Airport, Virginia, USA
At what age can an individual open carry a handgun in the state of Virginia? Does anyone know the link to the state code for that? I told her 18 but I want to be absolutely sure on this. little help here please.

When Brooke (now 14) and I go to the range she OC's her handgun unloaded.

§ 18.2-308.7 2. Any person who, while accompanied by an adult, is at, or going to and from, a lawful shooting range or firearms educational class, provided that the weapons are unloaded while being transported;
 

MSC 45ACP

Regular Member
Joined
Apr 23, 2009
Messages
2,840
Location
Newport News, Virginia, USA
When Brooke (now 14) and I go to the range she OC's her handgun unloaded.

§ 18.2-308.7 2. Any person who, while accompanied by an adult, is at, or going to and from, a lawful shooting range or firearms educational class, provided that the weapons are unloaded while being transported;

+1, ED!
You're my HERO, Brother!
;-)
 
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