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Could I Open Carry a handgun, loaded, in Richmond, VA?

Bohr

Regular Member
Joined
Jun 19, 2012
Messages
10
Location
Charleston, SC
Hi everyone. I'm a nonimmigration alien and holding a J1 visa. I will move to VA by the end of this year. I have finished my concealed weapon course and held a South Carolina Concealed Weapon Permit since last year. It is illegal to carry firearm openly in SC. I have heard about the Open Carry in VA but not sure the gun law fora noncitizen. I have check information and VA code about guns online but didn't get a clear answer. Could I open carry a loaded handgun in VA?

The following are some information I found on the http://www.vsp.state.va.us
-------------------------------
§18.2-308 Prohibits the carrying of any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or any weapon of like kind by any person hidden from common observance about his person. Any of the enumerated weapons shall be seized and forfeited to the Commonwealth. A weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature.

For my understanding, If your weapon is not concealed, it is legally to carry it.
-------------------------------
Virginia Firearms Transaction Program
On October 22, 1998, as part of the Omnibus Consolidated Emergency Supplemental Appropriations Act of 1999, Pub. L. 105-277, Congress amended the Gun Control Act by creating, with certain exceptions, a new category of persons prohibited from shipping, transporting, receiving, and possessing firearms: any alien "who has been admitted to the United States under a nonimmigrant visa." This prohibition applies to "any alien in the United States in a nonimmigrant status." There are exceptions to the nonimmigrant alien provision. A nonimmigrant alien is not prohibited from purchasing, receiving, or possessing a firearm if the alien: (1) is in possession of a hunting license or permit lawfully issued in the United States; (2) is an official representative of a foreign government who is accredited to the United States Government or their Government's mission to an international organization having its headquarters in the United States; or (3) has received a waiver from the prohibition form the Attorney General of the United States. There also is a process for nonimmigrant aliens to petition the Justice Department to waive the prohibition. Individuals should contact the Bureau of Alcohol, Tobacco, and Firearms if you have questions about the prohibition, its exceptions, or the waiver process.

This part is talking about purchasing, receiving, or possessing a firearm, "open carrying" or "carrying" is not mentioned.
-------------------------------
In "Transporting Firearms through Virginia", they just use "anyone", "anybody" or "any person", etc but no "alien" or "Non-immigration alien" were mentioned.
 

SouthernBoy

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May 12, 2007
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Location
Western Prince William County, Virginia, USA
As long as you may legally possess a handgun and are in the country legally (obviously these two criteria go hand in hand), you may carry your handgun openly. There are a few places where you may not carry at all such as court houses, school grounds, except when dropping of and picking up children (stay in your car and keep if concealed when doing this), airport terminals, etc. For a better and more complete list, check out VCDL.ORG and join up while there.

You'll quickly find that Virginia is probably the most gun lenient and gun friendly state in the South. Look for get togethers in Richmond and its surrounds... there are frequent breakfasts, lunches, and dinners OD folks put together and they are excellent venues for you to ask questions and be made to feel comfortable OC'ing in your area.

BTW, Charleston is a beautiful city as is the state of South Carolina, in particular the low country.
 
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skidmark

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Welcome to OCDO and to soon to Virginia. Also, welcome to the USA.

As has already been said, if you can legally possess a handgun (apparently you can) you may open carry in Virginia - with the standard list of places listed in the law where carry of any manner is prohibitted.

Carrying an unloaded handgun is generally looked on as a strange form of weight training/aerobic exercise. When you need it, you should not add time to load it before being able to use it. Modern firearms are safe to carry loaded (with a round in the chamber). If you do not press the trigger it will take a mechanical failure to cause the handgun to fire. Keeping it in your holster, which blocks access to the trigger, pretty much means that you will not need all the mechanical safety devices built into it.

You are invited to the Greater Richmond Open Carry Breakfast any Saturday - location is posted either Thursday or Friday. It will offer you an opportunity to meet fellow OCers and ask multiple questions at one time.

stay safe.
 

user

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Northern Piedmont
There's an underlying, hidden question here that I'm wondering about. I think that the City of Richmond PD has an unofficial policy of confiscating firearms where possible, and creating unnecessary consensual stops that turn into terry stops in order to manufacture cause to take the gun; "officer safety", you know. I'd be interested in any information about that, including rumors, anecdotal evidence, or "my best friend's cousin's girlfriend's uncle said..." kind of stuff.
 

Bohr

Regular Member
Joined
Jun 19, 2012
Messages
10
Location
Charleston, SC
Thanks guys. I may take a NRA pistol instructor course before I move. In SC, one can apply the CWP instructor license after finish that course. Could I apply the CHP instructor license in VA?
 

zoom6zoom

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Joined
Jun 24, 2006
Messages
1,694
Location
Dale City, VA, Virginia, USA
Apply it to what?
You just need proof of competency to apply for your Virginia permit, quite a few NRA courses qualify as such, as well as hunter safety classes and a few other things.

And of course, OC requires none of that.
 

peter nap

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Apply it to what?
You just need proof of competency to apply for your Virginia permit, quite a few NRA courses qualify as such, as well as hunter safety classes and a few other things.

And of course, OC requires none of that.

+1

SC is a beautiful state. The hunting and fishing is good....but the Gun Owners there need to do some work on their laws.

You're welcome to carry here without a license...and welcome to Va.
Where are you from?
 

scouser

Regular Member
Joined
Apr 4, 2011
Messages
1,341
Location
804, VA
Hi everyone. I'm a nonimmigration alien and holding a J1 visa. I will move to VA by the end of this year. I have finished my concealed weapon course and held a South Carolina Concealed Weapon Permit since last year. It is illegal to carry firearm openly in SC. I have heard about the Open Carry in VA but not sure the gun law fora noncitizen. I have check information and VA code about guns online but didn't get a clear answer. Could I open carry a loaded handgun in VA?

The following are some information I found on the http://www.vsp.state.va.us
-------------------------------
§18.2-308 Prohibits the carrying of any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or any weapon of like kind by any person hidden from common observance about his person. Any of the enumerated weapons shall be seized and forfeited to the Commonwealth. A weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature.

For my understanding, If your weapon is not concealed, it is legally to carry it.
-------------------------------
Virginia Firearms Transaction Program
On October 22, 1998, as part of the Omnibus Consolidated Emergency Supplemental Appropriations Act of 1999, Pub. L. 105-277, Congress amended the Gun Control Act by creating, with certain exceptions, a new category of persons prohibited from shipping, transporting, receiving, and possessing firearms: any alien "who has been admitted to the United States under a nonimmigrant visa." This prohibition applies to "any alien in the United States in a nonimmigrant status." There are exceptions to the nonimmigrant alien provision. A nonimmigrant alien is not prohibited from purchasing, receiving, or possessing a firearm if the alien: (1) is in possession of a hunting license or permit lawfully issued in the United States; (2) is an official representative of a foreign government who is accredited to the United States Government or their Government's mission to an international organization having its headquarters in the United States; or (3) has received a waiver from the prohibition form the Attorney General of the United States. There also is a process for nonimmigrant aliens to petition the Justice Department to waive the prohibition. Individuals should contact the Bureau of Alcohol, Tobacco, and Firearms if you have questions about the prohibition, its exceptions, or the waiver process.

This part is talking about purchasing, receiving, or possessing a firearm, "open carrying" or "carrying" is not mentioned.
-------------------------------
In "Transporting Firearms through Virginia", they just use "anyone", "anybody" or "any person", etc but no "alien" or "Non-immigration alien" were mentioned.

My understanding is that an alien has to have been admitted for permanent residence in order to legally possess a firearm in VA, in other words you need a Green Card, and the OP has stated that they are in this country on a J1 Visa, which is a non immigrant visa and as such is not admission for permanent residence.
 

peter nap

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My understanding is that an alien has to have been admitted for permanent residence in order to legally possess a firearm in VA, in other words you need a Green Card, and the OP has stated that they are in this country on a J1 Visa, which is a non immigrant visa and as such is not admission for permanent residence.

Do you have a cite for that Scouser?
 

scouser

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Joined
Apr 4, 2011
Messages
1,341
Location
804, VA
Do you have a cite for that Scouser?

As I said, it was my understanding. However, upon closer reading of 18.2-308.2:01. Possession or transportation of certain firearms by certain persons I'm wondering if I was mistaken. When I re-read it I see it worded differently, to the point that it appears that the admission for permanent residence only applies to the possession of an assault firearm. I'll post the text here so you can read it yourself and draw your own conclusions from reading every word. In my mind, though, I think my initial opinion was incorrect.

A. It shall be unlawful for any person who is not a citizen of the United States or who is not a person lawfully admitted for permanent residence to knowingly and intentionally possess or transport any assault firearm or to knowingly and intentionally carry about his person, hidden from common observation, an assault firearm.

B. It shall be unlawful for any person who is not a citizen of the United States and who is not lawfully present in the United States to knowingly and intentionally possess or transport any firearm or to knowingly and intentionally carry about his person, hidden from common observation, any firearm. A violation of this section shall be punishable as a Class 6 felony.
 

skidmark

Campaign Veteran
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Messages
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Valhalla
Do you have a cite for that Scouser?

Obviously I'm not Scouser, but I can Google most days.

http://www.vrolyk.org/guns/alien-laws.html

From there:

In general, non-immigrant aliens are forbidden to possess any firearms or ammunition. But there is a big exception for a legal alien who: ...is in possession of a hunting license or permit lawfully issued in the United States
(See Title 18, USC Chapter 44, Section 922, part (y)(2) for details.)
Green-card holders and immigrant aliens who do not yet have their green card are both okay under federal law, although many people (including gun dealers, law enforcement officers, etc.) are not aware of the distinction or the hunting license exception, and erroneously think that either you have a green card, or you can't have guns.
##################
Virginia state law
[h=4]Virginia:[/h]
  • Concealed handgun licenses will be issued to green-card holders, not other aliens. See Code of Virginia Section 18.2-308, which says:
    The following persons shall be deemed disqualified from obtaining a permit:
    • An alien other than an alien lawfully admitted for permanent residence in the United States.
  • Licenses held by non-green-card-holder aliens from a state recognized by Virginia is a loaded question. On one hand, if a state's permits has been deemed as recognized by Virginia authorities, it should be okay. On the other hand, if the other state issues to non-green-card-holder aliens, by the strict letter of the law, perhaps that state should not have been recognized in the first place. Be discreet, I'd say; I'd rather not see Virginia stop recognizing other state permits over this.
  • Possessing "assault weapons" by a non-green-card-holder alien is a felony. See Code of Virginia Section 18.2-308.2:01 for details.
  • Without defining what it means, Virginia law prohibits all firearms possesion by a non-citizen "who is not lawfully present in the United States". See Code of Virginia Section 18.2-308.2:01.

So, as I read the federal law, you would need a hunting license/permit (not a CC permit).

Since the OP is not (at this time) seeking a Virginia CHP he will not get tangled up with
The following persons shall be deemed disqualified from obtaining a permit:
  • An alien other than an alien lawfully admitted for permanent residence in the United States.
since it only applies to CHPs.

As for
Without defining what it means, Virginia law prohibits all firearms possesion by a non-citizen "who is not lawfully present in the United States". See Code of Virginia Section 18.2-308.2:01.
it appears the OP is lawfully present in the United States, so again no worries there.

This caveat
Licenses held by non-green-card-holder aliens from a state recognized by Virginia is a loaded question. On one hand, if a state's permits has been deemed as recognized by Virginia authorities, it should be okay. On the other hand, if the other state issues to non-green-card-holder aliens, by the strict letter of the law, perhaps that state should not have been recognized in the first place. Be discreet, I'd say; I'd rather not see Virginia stop recognizing other state permits over this.
confuses me, as Virginia does not have a "same or similar" requirement for reciprocity, let alone recognizing permits from other states. http://www.vsp.state.va.us/Firearms_Reciprocity.shtm and
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308 [emphasis added]

P. A valid concealed handgun or concealed weapon permit or license issued by another state shall authorize the holder of such permit or license who is at least 21 years of age to carry a concealed handgun in the Commonwealth, provided (i) the issuing authority provides the means for instantaneous verification of the validity of all such permits or licenses issued within that state, accessible 24 hours a day, and (ii) except for the age of the permit or license holder and the type of weapon authorized to be carried, the requirements and qualifications of that state's law are adequate to prevent possession of a permit or license by persons who would be denied a permit in the Commonwealth under this section. The Superintendent of State Police shall (a) in consultation with the Office of the Attorney General determine whether states meet the requirements and qualifications of this section, (b) maintain a registry of such states on the Virginia Criminal Information Network (VCIN), and (c) make the registry available to law-enforcement officers for investigative purposes. The Superintendent of the State Police, in consultation with the Attorney General, may also enter into agreements for reciprocal recognition with any state qualifying for recognition under this subsection.

Is everything as clear as mud now?

stay safe.
 
H

Herr Heckler Koch

Guest
Thanks guys. I may take a NRA pistol instructor course before I move. In SC, one can apply the CWP instructor license after finish that course. Could I apply the CHP instructor license in VA?
Frank Headley was GRGRSC Instructor Program Coordinator mailto:instprog@scfirearms.org

It appears that SLED still holds the state CWP instructors requirements closely as the application http://www.sled.sc.gov/documents/CWP/CWPINSTRUCTORAPP.pdf includes "For New Applications contact SLED" on the first line. When I applied, the major requirement was a lesson plan submitted to SLED.
 
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Bohr

Regular Member
Joined
Jun 19, 2012
Messages
10
Location
Charleston, SC
Right now I have a SC hunting license. I have contact Virginia Department of Game & Inland Fisheries last week. The following is their reply:

"Since you will have been a VA resident less than six months at the time of the fall hunting season you will need to fill out the attached form, which you can use to purchase you license of you have been a resident for two months. You meet the hunter education requirements because you have a license and hunter ed from SC."

I have to wait for 2 month to purchase my VA hunting license.
-----------------------------------------------------------------------------------
On the website of VA police station their is a exception about non-immigrationg alien and firearms:
"On October 22, 1998, as part of the Omnibus Consolidated Emergency Supplemental Appropriations Act of 1999, Pub. L. 105-277, Congress amended the Gun Control Act by creating, with certain exceptions, a new category of persons prohibited from shipping, transporting, receiving, and possessing firearms: any alien "who has been admitted to the United States under a nonimmigrant visa." This prohibition applies to "any alien in the United States in a nonimmigrant status." There are exceptions to the nonimmigrant alien provision. A nonimmigrant alien is not prohibited from purchasing, receiving, or possessing a firearm if the alien: (1) is in possession of a hunting license or permit lawfully issued in the United States; (2) is an official representative of a foreign government who is accredited to the United States Government or their Government's mission to an international organization having its headquarters in the United States; or (3) has received a waiver from the prohibition form the Attorney General of the United States."

Here, only "is in possession of a hunting license or permit lawfully issued in the United States" was mentioned.
 

skidmark

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As you said, possession of a valid hunting license is all you need to get past the federal possession issue. Virginia says you are good to go so long as you are lawfully in the country.

Sticklers for the law would say that any hunting license from any State (so long as it is unexpired) is good. Those more risk-aversive would suggest your hunting license be from the State where you are. Neither side suggests you actually have to go hunting.

Your SC carry license is accepted in VA. Just keep it up to date.

Again, come out to breakfast when you get here. Meet us for dinner, too. Lunch is on your own.

stay safe.
 

Bohr

Regular Member
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Jun 19, 2012
Messages
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Location
Charleston, SC
As you said, possession of a valid hunting license is all you need to get past the federal possession issue. Virginia says you are good to go so long as you are lawfully in the country.

Sticklers for the law would say that any hunting license from any State (so long as it is unexpired) is good. Those more risk-aversive would suggest your hunting license be from the State where you are. Neither side suggests you actually have to go hunting.

Your SC carry license is accepted in VA. Just keep it up to date.

Again, come out to breakfast when you get here. Meet us for dinner, too. Lunch is on your own.

stay safe.

The SC carry license should be renew every four years. What I'm worry about is the residence status. In Most of the case if one is no longer a SC resident, his carry license should be returned to the SC lawenforcment Division in several months. Thanks for your invitation. I will go and meet you guys when I move to Richmond.

I have another question about the open carry in VA. Considerring VA is a little bit colder the SC, how could I open carry a firearm when I wear a suit or jacket? A holster on belt will be covered by the jacket, obviously.
 

peter nap

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I have another question about the open carry in VA. Considerring VA is a little bit colder the SC, how could I open carry a firearm when I wear a suit or jacket? A holster on belt will be covered by the jacket, obviously.
Just tuck your jacket behind the gun.
 

scouser

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Considerring [sic] VA is a little bit colder the SC, how could I open carry a firearm when I wear a suit or jacket? A holster on belt will be covered by the jacket, obviously.

just how 'cold' do you think it is here ?
 
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riverrat10k

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Aug 24, 2008
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on a rock in the james river
There's an underlying, hidden question here that I'm wondering about. I think that the City of Richmond PD has an unofficial policy of confiscating firearms where possible, and creating unnecessary consensual stops that turn into terry stops in order to manufacture cause to take the gun; "officer safety", you know. I'd be interested in any information about that, including rumors, anecdotal evidence, or "my best friend's cousin's girlfriend's uncle said..." kind of stuff.

Two weekends in row, I obserbed RPD "sitting" on a recently changed traffic sign. A sign that had been a yield sign for at least 30 years had been changed to a stop sign.

The second time I observed this, while the cop had someone pulled over, I pulled my cell phone and started taking pictures from abourt 30 yards. The cop finished his stop, released the driver, and started walking toward me and asked if I wanted to talk to him.

I said, no just watching him pull folks at a brand new stop sign. The officer admited he was using the sign to look into peoples vehicles. Said so far he had two expired inspections and the sign violations, but was not writing tickets, just warning, and looking into the cars.

I asked him if I could go to my pocket and pull out a voice recorcder. He said ok. I pulled it out and the batteries were dead! I had left it on for two or three days straight!

We both laughed at my ineptness.

I informed him that some folks I know would be upset that he was using the new sign to visually inspect vehicles. Had he not heard of Copwatch?
He obviously had and did not like that I mentioned it.

He went on to say he has bigger fish to fry than traffic tickets, but due to recent robberies and shootings in the area, he felt justified in making the stops/searches. He felt any gun he got off the street was a win. I was too wimpy to ask him about legal OC in a vehicle. Can't believe I had let the recorder die.

I advised he is certainly within his jurisdiction to pull people for running a stop sign, and terminated the contact.
 

skidmark

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Just tuck your jacket behind the gun.


See the gentleman in the middle, with his coat tucked behind the grips.

http://farm4.static.flickr.com/3361/3500731239_97e110f47e.jpg

Of course, those of us who choose not to wear suits any more never run into that problem.:D

If that is just too "over the top" for you, get a tailor to cut a slit in your jacket long enough to clear your grips. See http://www.galls.com/uniformstyle?assort=general_catalog&style=JA924&friendlyurl= for the general idea. (zipper optional but if you plan to wear the jacket without the gun on occassion it might not be a bad idea - a decent tailor can make the seam almost invisible, including the bar tack at the top)

stay safe.
 
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