A Question of VA CC Law

So I have a question about VA's CC laws. It is my understanding that one may CC on their own property or place of business without a CHP. I live on the second story of an apartment building, and when I take my dog outside, I would like to be able to CC. Is the grass between buildings where I let my dog relive himself considered "my property" since I, as a resident of the complex, have a right to use it?

Second Question: I am moving to a new complex next year that has a "back yard." This back yard is not enclosed by a fence, but is accessible to me from my apartment via a back door. Would that area be ok to CC in, and if so, how far from my door would be considered acceptable.

Please forgive me if this has been discussed before; the search function on this forum is, as many of us have stated, terrible.

The word you are looking for is "curtilege".

Go here http://www.virginia1774.org/Page1.html and read about it - it's about 1/2 way down the page.

Spoiler alert - you will not be happy.

stay safe.

I have been doing some reading and it appears that this will hinge on the definition of "curtilage".

As a matter of reference, I would like to say that some of my family activities extend to this outside area.
-Walking the dog
-Checking my mail
-greeting my wife as she pulls into our parking space

(and I see that Skid just replied, but I haven't seen it yet so...)

I will say it before someone else does. Why not just open carry?


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workinhd said:

I will say it before someone else does. Why not just open carry?


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Click to expand...

It is getting cold, and sometimes my puppy has to go out in a hurry. I am concerned about my hoodie covering my holster.

Also, thanks for the bad news Skid, but at least I have an answer.

No cites for this, but just my general understanding of the inherent purpose of the law against carrying a concealed weapon...

The point of the law is to protect other people from being surprised by your ability to suddenly present a weapon from concealment. The exceptions, your own property, apply because it's YOUR property, your rules: any visitors to your property have no right to expect you to not be carrying a concealed weapon. So, if you are in an area that other people have a general right to be, such as common areas of your apartment complex, then the purpose of the law would apply there as well. As seen by the definition of curtilege, generally the places close enough in to your own home as to give you the reasonable exclusion of the general public, aside from those you may personally invite into that area.

Not a professional opinion, just how the parts all fit together in my head.

TFred

Esanders2008 said:

It is getting cold, and sometimes my puppy has to go out in a hurry. I am concerned about my hoodie covering my holster.

Also, thanks for the bad news Skid, but at least I have an answer.

Click to expand...

And now for the other shoe!

(No! Seriously! I am kidding.)

We have the "Virginia Tuck" for just such occassions. Grab the hem of your hoodie (are you a gangster of some sort? real men wear sweatshirts, some of which may zip and have a hood) and stick it behind your grips. Practice doing that so you can accomplish the action without jamming your handgun.

And if you have enough time to put on a hoodie before letting your dog out, you have enough time to tuck.

We are here but to serve and to mock.:lol:

stay safe.

skidmark said:

And now for the other shoe!

(No! Seriously! I am kidding.)

We have the "Virginia Tuck" for just such occassions. Grab the hem of your hoodie (are you a gangster of some sort? real men wear sweatshirts, some of which may zip and have a hood) and stick it behind your grips. Practice doing that so you can accomplish the action without jamming your handgun.

And if you have enough time to put on a hoodie before letting your dog out, you have enough time to tuck.

We are here but to serve and to mock.:lol:

stay safe.

Click to expand...

That is what i usually do. Never knew it was called the "Virginia Tuck" though. And I suppose that my outer garment could be called a zip up sweatshirt with a hood.

Esanders2008 said:

So I have a question about VA's CC laws. It is my understanding that one may CC on their own property or place of business without a CHP. I live on the second story of an apartment building, and when I take my dog outside, I would like to be able to CC. Is the grass between buildings where I let my dog relive himself considered "my property" since I, as a resident of the complex, have a right to use it?

Second Question: I am moving to a new complex next year that has a "back yard." This back yard is not enclosed by a fence, but is accessible to me from my apartment via a back door. Would that area be ok to CC in, and if so, how far from my door would be considered acceptable.

Please forgive me if this has been discussed before; the search function on this forum is, as many of us have stated, terrible.

Click to expand...

Without citing, but speaking from my background in real estate management. The common areas do not belong to you, the are not part of your home/curtilege. You are permitted by your lease to use them in accordance with the rules and regulations.

Same will apply to the new apartment as it does to the existing one - in accordance with lease terms and rules/regulations of each.

Right - the answer to both questions depends entirely on the lease agreement or bylaws & covenants. And it may involve a trip to the office of the clerk of the local circuit court to examine the land records.

skidmark said:

The word you are looking for is "curtilege".

Go here http://www.virginia1774.org/Page1.html and read about it - it's about 1/2 way down the page.

Spoiler alert - you will not be happy.

stay safe.

Click to expand...

Good Info. But it appears to me that he "may" be able to CC around his Apt. Am I wrong?

love4guns said:

Good Info. But it appears to me that he "may" be able to CC around his Apt. Am I wrong?

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Likely, probably, should/ought to be able to CC. He "may" be able to OC.

Answer is found in aforementioned lease, rule &reg + attitude of management agent.

BTW - who knows when you CC?

Grapeshot said:

Likely, probably, should/ought to be able to CC. He "may" be able to OC.

Answer is found in aforementioned lease, rule &reg + attitude of management agent.

BTW - who knows when you CC?

Click to expand...

I can oc, because there is nothing in my lease prohibiting it, although my landlord told me "you aren't allowed to have that in here" when I dropped off the rent check. I am moving to a new place in January, and I oc'd the entire time i was touring the place and filling out paperwork. No problems there. My concern with CCing is I don't have my CHP, and if something were to happen, I would not want to be in violation of the law.

Esanders2008 said:

I can oc, because there is nothing in my lease prohibiting it, although my landlord told me "you aren't allowed to have that in here" when I dropped off the rent check. I am moving to a new place in January, and I oc'd the entire time i was touring the place and filling out paperwork. No problems there. My concern with CCing is I don't have my CHP, and if something were to happen, I would not want to be in violation of the law.

Click to expand...

Exceptionally valid point. Without a doubt you should not CC.

Grapeshot said:

Exceptionally valid point. Without a doubt you should not CC.

Click to expand...

Especially on an OC board.

I hear Peter Nap is not fond of being poked with sharp sticks. But for now he's still willing to talk with those who have bought indulgences.

stay safe.