Results 1 to 11 of 11

Thread: A question from my daughter - Age to Open Carry?

  1. #1
    Regular Member sparkman2's Avatar
    Join Date
    Jul 2011
    Location
    Hampton Roads, Virginia
    Posts
    132

    A question from my daughter - Age to Open Carry?

    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.
    "Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes. Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than prevent homicides, for an unarmed man may be attacked with greater confidence than an armed one." Thomas Jefferson (quoting Cesare Beccaria)

  2. #2
    Regular Member
    Join Date
    May 2006
    Location
    Burke/Blacksburg, Virginia, USA
    Posts
    998
    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/legp...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.
    Last edited by VApatriot; 06-17-2012 at 09:20 AM.

  3. #3
    Activist Member carsontech's Avatar
    Join Date
    Apr 2011
    Location
    Anderson, SC
    Posts
    531
    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/legp...cod+18.2-308.7

    http://leg1.state.va.us/cgi-bin/legp...0+cod+18.2-309

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


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

    http://www.atf.gov/publications/down...f-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.

  4. #4
    Regular Member MSC 45ACP's Avatar
    Join Date
    Apr 2009
    Location
    Newport News, Virginia, USA
    Posts
    2,845
    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.
    "If I know that I am headed for a fight, I want something larger with more power, preferably crew-served.
    However, like most of us, as I go through my daily life, I carry something a bit more compact, with a lot less power."
    (unknown 'gun~writer')

    Remington 1911 R1 (Back to Basics)
    SERPA retention or concealed...

    "Those who hammer their guns into plows will plow for those who do not." ~Thomas Jefferson
    (Borrowed from "The Perfect Day" by LTC Dave Grossman)

  5. #5
    Activist Member Wolf_shadow's Avatar
    Join Date
    Jul 2006
    Location
    Accomac, Virginia, USA
    Posts
    1,213
    Quote Originally Posted by MSC 45ACP View Post
    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!

  6. #6
    Regular Member ProShooter's Avatar
    Join Date
    Mar 2008
    Location
    www.ProactiveShooters.com, Richmond, Va., , USA
    Posts
    4,671
    Quote Originally Posted by MSC 45ACP View Post
    ProShooter teaches classes that come highly recommended. If you live near him, I would recommend you check out what he has to offer.
    Thanks for the mention.

    We'll be happy to assist with any training needs. We're based in Richmond, close to HR. You can visit our website here www.proactiveshooters.com
    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
    Concealed Firearms Instructor for Virginia, Florida & Utah permits.
    NRA Certified Chief Range Safety Officer
    Sabre Red Pepper Spray Instructor
    Glock Certified Armorer
    Instructor Bio - http://proactiveshooters.com/about-us/

  7. #7
    Regular Member 45acpForMe's Avatar
    Join Date
    Nov 2008
    Location
    Yorktown, Virginia, USA
    Posts
    2,803

    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/legp...+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.

  8. #8
    Regular Member sparkman2's Avatar
    Join Date
    Jul 2011
    Location
    Hampton Roads, Virginia
    Posts
    132
    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.
    "Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes. Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than prevent homicides, for an unarmed man may be attacked with greater confidence than an armed one." Thomas Jefferson (quoting Cesare Beccaria)

  9. #9
    Founder's Club Member - Moderator ed's Avatar
    Join Date
    Mar 2008
    Location
    Loudoun County - Dulles Airport, Virginia, USA
    Posts
    4,848
    Quote Originally Posted by sparkman2 View Post
    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;
    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
    - - - -
    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)

  10. #10
    Regular Member MSC 45ACP's Avatar
    Join Date
    Apr 2009
    Location
    Newport News, Virginia, USA
    Posts
    2,845
    Quote Originally Posted by ed View Post
    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!
    ;-)
    "If I know that I am headed for a fight, I want something larger with more power, preferably crew-served.
    However, like most of us, as I go through my daily life, I carry something a bit more compact, with a lot less power."
    (unknown 'gun~writer')

    Remington 1911 R1 (Back to Basics)
    SERPA retention or concealed...

    "Those who hammer their guns into plows will plow for those who do not." ~Thomas Jefferson
    (Borrowed from "The Perfect Day" by LTC Dave Grossman)

  11. #11
    Regular Member jwinkeler's Avatar
    Join Date
    Oct 2011
    Location
    Centreville, Va
    Posts
    88
    She can, I am 18 and I'm allowed too


    Look Sharp, Act Sharp, Be Sharp.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •