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Thread: neewbie needing help with carry laws

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    neewbie needing help with carry laws

    Notice to the mods, I know this is a 'double post' but I live on the boarder of both states. I would like to know the answer for both.

    Hello everybody. after alst nights movie theater shootin I decided I am going to begin oc. so the first thing I did was hop on google and research the laws and I found the charts on the front page of this website very help full. but it didnt answer all my questions.

    The weapon I have isn't "technically" In my name, its in my father, whos is stationed in a different state. I have already been given permission from him to carry it, but I was wondering if that could get me into trouble because its not "mine"?

    I noticed that in order to OC in a vehicle it must be in "plain view" I was thinking of putting it in my back seat but i drive a mustang so my rear windows are pretty small, would it be safe/smart to have it in my passanger seat? I mean thats within reaching distance.

    I read through the sticky on this subject but it's still a little grey for me.

    Is there a "mag limit"? I have 6 mags, but was only planning to carry one in the gun and two on my hip..

    Is there a capacity limit? They each hold 10 rounds.

    Is it unlawfull to carry with one in the tube?
    Last edited by copmagnet; 07-21-2012 at 05:09 PM.

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    Founder's Club Member - Moderator ed's Avatar
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    Quote Originally Posted by copmagnet View Post
    Notice to the mods, I know this is a 'double post' but I live on the boarder of both states. I would like to know the answer for both.

    Hello everybody. after alst nights movie theater shootin I decided I am going to begin oc. so the first thing I did was hop on google and research the laws and I found the charts on the front page of this website very help full. but it didnt answer all my questions.

    The weapon I have isn't "technically" In my name, its in my father, whos is stationed in a different state. I have already been given permission from him to carry it, but I was wondering if that could get me into trouble because its not "mine"?

    I noticed that in order to OC in a vehicle it must be in "plain view" I was thinking of putting it in my back seat but i drive a mustang so my rear windows are pretty small, would it be safe/smart to have it in my passanger seat? I mean thats within reaching distance.

    I read through the sticky on this subject but it's still a little grey for me.

    Is there a "mag limit"? I have 6 mags, but was only planning to carry one in the gun and two on my hip..

    Is there a capacity limit? They each hold 10 rounds.

    Is it unlawfull to carry with one in the tube?
    What state are you in?

    If VA..

    The gun is not in anyone's "name".. there is no gun registration in VA
    Do you have a permit? Does it have reciprocity with VA? How old are you?
    You can carry with a round chambered.
    Carry On.

    Ed

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    Regular Member Tanner's Avatar
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    I am still new myself but Ill take a crack at it. Im sure if I misinform you about anything some one will surely correct me and let me know just how much utter nonsence I speak. Any hoo.

    Guns in VA require no registration but I cant say there is or is not some kind of legality on carrying someone elses firearm.

    The limit for a mag is 19 0r 20 so at any rate your 10 round mag is fine.

    I have seen no such law (yet) limiting the amount of mags you can carry so knock yourself out.

    And as the one in the tube goes it has been gracefully explained that if there is no round ready to go all you got is a expensive paper weight. You could throw it at someone.

    Welcome to OCDO this is by leaps and bounds the best place to get the answeres you need.

    I should mention that what I have said about the law is for VA. And at the end of the day the responsibility of confirming such laws rests entirely on you.

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    Regular Member scouser's Avatar
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    Quote Originally Posted by Tanner View Post
    The limit for a mag is 19 0r 20 so at any rate your 10 round mag is fine.
    is it?

    I think your confusion here, Tanner, is 18.2-287.4 which states

    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.
    notice it only applies in certain parts of the Commonwealth. Since other parts of Virginia are not mentioned, it doesn't apply there.

    There is also the P4P (Perks for Permits) related to this restriction

    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.
    so, although I live in one of the restricted areas, I can walk down the street with a loaded firearm with a 30 round magazine IF I have a concealed handgun permit.

    OP - welcome to OCDO, if you haven't already please visit VCDL.org, the premier gun rights organization in Virginia. We'd love it if you joined, membership is a very reasonable $25 per year, but at the very least please sign up for the email alerts which will provide you with up to date information on what is going on with firearm related news in VA.
    Last edited by scouser; 07-21-2012 at 09:42 PM.

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    Accomplished Advocate peter nap's Avatar
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    I didn't answer this because it didn't look legitimate, but assuming it is....Proshooter and Scouser covered it for Virginia.

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    Regular Member Tanner's Avatar
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    thanks for pointing that out scouser. So I would suggest that if you (meaning me) are around and about and dont want to bother with the locality issue then the limit would be 20 rounds per mag, unless I have a CHP.
    20 rounds seem a high enough count anyways. Or maby I should say that if you cant get the job done in 20 shots your (me) doing something wrong.
    Last edited by Tanner; 07-21-2012 at 10:44 PM.

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    Regular Member scouser's Avatar
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    If you are in one of the areas I highlighted you need to have a CHP to have a loaded firearm with a magazine that holds more than 20 rounds.

    If you are ANYWHERE ELSE IN VIRGINIA the 20 round limitation does not exist.

    If you have a CHP the 20 round limitation does not exist

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    Regular Member Tanner's Avatar
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    I get it

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    Campaign Veteran skidmark's Avatar
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    copmagnet,

    Welcome to OCDO. I see you are in Moyoc, NC, which does put you pretty much on the border. Lots of stuff is easier/closer to do in Virginia than in North Carolina - plus we have the lottery that you can throw money at. Our school children thank you in advance.

    Along with the suggestion to join VCDL www.vcdl.org is the suggestion to join VCDL's sister group in North Carolina - Gun Rights North Carolinia www.grnc.org .

    I'm wondering if that Mustang of yours has anything to do with your screen name?

    You will find that there are many differences between how one goes about OCing (or even CCing) in Virginia and North Carolina. Virginia's take on "in plain sight" is more liberal than North Carolina's. We do not have that GAATTOTP business. We can carry into places that serve alcohol for on-premise consumption and can (but non-governmentally recommend against) drink if OCing. We don't need no steenkin' permission slip to buy a gun. Those are the biggies that I can rattle off from the top of my head.

    It sounds as if your father "gifted" the handgun to you. I certainly hope that you were both residents of the same state and both legal to posses a firearm when that happened. (Remember the 3S rule. Especially the 3rd "S"! And that the 5th Amendment is there for a reason.)

    Why would you put an unloaded handgun on the bback seat? It won't do you any good there and could fall off and get scratched! Given North Carolina's apparent unwillingness to say a handgun carried on your hip outside of any clothing that would otherwise cover it is not actually "in plain sight" I highly recommend you invest in some sort of holster that you can secure to the front passenger seatbelt. It will keep the handgun secure and also accessable should you need it, which IIRC is part of the whole point of OCing it.

    Stick around and feel free to ask questions. It helps if you do not ask a whole lot of them in one post. Also remember that it is your responsibility to verify everything and ultimately your responsibility to understand and comply with the law. There is no such defense as "Some guy on the internet said so!"

    stay safe.
    Last edited by skidmark; 07-22-2012 at 05:59 AM. Reason: misspelled Moyoc the first time. Then saw I misspelled a lot of other words.
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    Thank you for the help guys. I was about to go through and quote and reply, but I have what I needed.



    In fact, the mustang does have to do with my name. LOL. it's pretty much just my universal name throughout all the forums I am on. It gets me in my fair share of trouble. usually I'm busted for my exhaust being to loud, or the cop wanted to "check my car out" which means he wants to see my nitrous set-up......

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    To add on to my previous post, I will be carrying a S&W M&P 45. I do have a retention holster but I will be springing for a serpa here shortly, but I am having trouble finding one for it.



    I have been shooting for many many years, I have done various pistol/rifle courses out at blackwater so I'm pretty comfortable loading/unloading.



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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by copmagnet View Post
    Thank you for the help guys. I was about to go through and quote and reply, but I have what I needed.



    In fact, the mustang does have to do with my name. LOL. it's pretty much just my universal name throughout all the forums I am on. It gets me in my fair share of trouble. usually I'm busted for my exhaust being to loud, or the cop wanted to "check my car out" which means he wants to see my nitrous set-up......
    I owe you an apology Copmagnet. I just skimmed your first post and since I've been expecting company at the back door, didn't answer it.

    I'm on the same border as you. Just a few miles from Kerr.
    Skid hit the NC end of your question and it is a little more complicated, but we've been hammering at the problem areas longer here in Va.

    I second Gun Rights North Carolinia www.grnc.org .....I'm hearing some really good things about them. No polite sparring in that group from the reports I've gotten and that's what it takes.

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    Quote Originally Posted by peter nap View Post
    I owe you an apology Copmagnet. I just skimmed your first post and since I've been expecting company at the back door, didn't answer it.

    I'm on the same border as you. Just a few miles from Kerr.
    Skid hit the NC end of your question and it is a little more complicated, but we've been hammering at the problem areas longer here in Va.

    I second Gun Rights North Carolinia www.grnc.org .....I'm hearing some really good things about them. No polite sparring in that group from the reports I've gotten and that's what it takes.
    ahh, no biggie man, I got a very poor education (mainly english and math) so I am very bad at coming off as a serious person through forums and such. But I assure you I m trying to work on it!

    I was just about to head over to GRNC!

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    Quote Originally Posted by copmagnet View Post
    Thank you for the help guys. I was about to go through and quote and reply, but I have what I needed.



    In fact, the mustang does have to do with my name. LOL. it's pretty much just my universal name throughout all the forums I am on. It gets me in my fair share of trouble. usually I'm busted for my exhaust being to loud, or the cop wanted to "check my car out" which means he wants to see my nitrous set-up......
    I could go on and on about how much I hate NC. lived there for two years. Some of the most oppressive ordinances I have ever heard of, and have been a victim of the board cops driving around my neighborhood. God forbid they acctually do anything to stop the gang violence in charlotte. Will never live there again! EVER!

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    Quote Originally Posted by Tanner View Post
    I could go on and on about how much I hate NC. lived there for two years. Some of the most oppressive ordinances I have ever heard of, and have been a victim of the board cops driving around my neighborhood. God forbid they acctually do anything to stop the gang violence in charlotte. Will never live there again! EVER!
    I live in such a small ton (we only have three stop lights) that we get to know the cops (if your a trouble maker) pretty well. One night I got stopped and I had the back seat of my mustang laid down (this is how i insert/remove my nitrous bottle) and he noticed the bottle. Long story short we sat there talking for about an hour about his nitrous camaro! I'm in a pretty 'redneck' area so cops are usually pretty mellow about my illegal exhaust..tinted tails, stuff like that.


    I feel where i live isn't too bad, but like i said its a small town that doesnt get much action. most exciting thing to ever hapen here was 4 inches of snow....

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    hey SKIDMARK AND PETER NAP, no biggie but the name of the group here is Grass Roots of NC, GRNC.org
    and yes there is a GATTTOP here but it takes four strict criteria to enforce it. not like VA's brandishing law.
    watch where you point that finger

    COPWATCH i literally can stand on the border line where i live. that's why i am a member of both the GRNC and the VCDL.

    i think you said you have your CHP, so i am assuming you are over 21. both CHP are reciprocity to both states. there isn't a lot of difference between VA and NC laws. since there is no registration in either state (well Durham county in NC) the person that possesses the fire arm is the owner. i would love that NC could carry in restaurants that serve alcohol. and you can't OC in Parks. oh , there are bad LE and good LE in both states. so know your laws and your rights. carry on.
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
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    i you call a CHP a CCW then you are really stupid. period.

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by papa bear View Post
    hey SKIDMARK AND PETER NAP, no biggie but the name of the group here is Grass Roots of NC, GRNC.org
    I signed up for their alerts yesterday.

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    Regular Member papa bear's Avatar
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    welcome PETERNAP, they are not as long as VCDL's . i heard Paul complaining about how long Philips was one time. they are geared more to political comments
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
    - unknown

    i you call a CHP a CCW then you are really stupid. period.

  19. #19
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by papa bear View Post
    welcome PETERNAP, they are not as long as VCDL's . i heard Paul complaining about how long Philips was one time. they are geared more to political comments
    Philip doesn't really put them together and he caught a lot of flack about not putting out much...so they over do now with some things that really aren't important. Can't please everyone.

    I like the in your face approach NC is using. That's what it takes to change things. The worst thing that can happen to a grass roots organization is to get big, get successful and get polite!

    I was asked last year why I video everything in the GA. I said "Because sometimes you forget what you said and I damn well want everyone to hear every word."

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    Regular Member TFred's Avatar
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    Quote Originally Posted by peter nap View Post
    Philip doesn't really put them together and he caught a lot of flack about not putting out much...so they over do now with some things that really aren't important. Can't please everyone.
    You can always skip over the ones you don't care about, but you can't read what's not there!

    TFred

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    Ok, I just want to onfirm this one last time, I can open arry a handgun at 18, correct?

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    Founder's Club Member - Moderator ed's Avatar
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    Quote Originally Posted by copmagnet View Post
    Ok, I just want to onfirm this one last time, I can open arry a handgun at 18, correct?
    I don't know what Open arry a handgun is :-P but you can Open carry one :-)
    Carry On.

    Ed

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    Regular Member Tanner's Avatar
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    Quote Originally Posted by ed View Post
    I don't know what Open arry a handgun is :-P but you can Open carry one :-)
    Crap I just read that to open arry a handgun one must first pass a spelling test. I guess ill never be able to open arry Ill have to make due with regular ole open carry like the rest of the dumbies

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Tanner View Post
    Crap I just read that to open arry a handgun one must first pass a spelling test. I guess ill never be able to open arry Ill have to make due with regular ole open carry like the rest of the dumbies
    Spell Check is your friend, ours too. Beside which it adds to our positive image.
    http://support.google.com/toolbar/bi...n&answer=32703
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    Sorry about the spelling mistake, I have a bad keyboard and it doesn't always register a pushed in key. I must have missed that when I posted, my bad guys.

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