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Thread: Overseas Visitor OC

  1. #1
    Regular Member Jero1987's Avatar
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    Overseas Visitor OC

    Long time no see.

    Question for some of the legal types. I am having a friend visit from the UK and was wondering if it was okay for him to OC with me? He has a clean record of course and is not prohibited from shooting one. I have had friends from the UK shoot with me, but never OC. Thanks!

    Jero

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by Jero1987 View Post
    Long time no see.

    Question for some of the legal types. I am having a friend visit from the UK and was wondering if it was okay for him to OC with me? He has a clean record of course and is not prohibited from shooting one. I have had friends from the UK shoot with me, but never OC. Thanks!

    Jero

    Glad you're back. I was wondering what happened to you.

    I don't know of any prohibition against a visitor OC'ing. Just keep him out of the forbidden areas.
    Maybe Scouser will comment. He has one of those accents

  3. #3
    Regular Member papa bear's Avatar
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    as far as what i understand is if you are not a prohibited person you can carry. the only thing i could see is if he/she is a illegal alien. if you have all your valid paper work they should be fine
    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.

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    Say what???????

    Quote Originally Posted by peter nap View Post
    Glad you're back. I was wondering what happened to you.

    I don't know of any prohibition against a visitor OC'ing. Just keep him out of the forbidden areas.
    Maybe Scouser will comment. He has one of those accents
    Scouser has an accent?????? You don't say. I just thought my hearing was going. Old age does that to you.

  5. #5
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by va_tazdad View Post
    Scouser has an accent?????? You don't say. I just thought my hearing was going. Old age does that to you.
    Everyone has an accent....except Virginia mountain people

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    Regular Member EMNofSeattle's Avatar
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    from 18 USC 922 (g)

    (g) It shall be unlawful for any person—..................................snipped
    (5) who, being an alien—
    .......snipped..........
    (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));...............snipped
    to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
    note, the feds consider any gun that crossed state lines or even made with materials that crossed state lines or even affected the market to be "a gun affecting interstate commerce" that constitutes a general federal prohibition on non-resident aliens possession a firearm in the United States... however

    18 USC 922 (y)(2)(A)
    (2) Exceptions.— Subsections (d)(5)(B), (g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is—
    (A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit
    lawfully issued in the United States;
    so is there any ISPC or IDPA or GSSF matches occuring when the british friend will be in town? note too the or i highlighted in red. if your UK friend qualifies for a non-res hunting tag then get him a hunting license.....

    I don't know what Virginia law says on the subject.... but I would mind the federal law. the feds rarely enforce federal gun law just for the hell of it... but since your friend is an alien I'd be more cautious for him....
    they love our milk and honey, but they preach about some other way of living, when they're running down my country man they're walkin' on the fightin side of me

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    18 USC 922 isn't exactly that clear, because you have to look at what the definition of "nonimmigrant" actually says.

    You can get details from the ATF's FAQ on the subject here: http://www.atf.gov/files/firearms/fa...ant-aliens.pdf

    The key part is this:
    Nonimmigrant aliens lawfully admitted to the United States without a visa (e.g. Visa Waiver Program), will not be prohibited from shipping, transporting, receiving, or possessing firearms or ammunition, provided that they meet State of residency requirements and are not otherwise prohibited from shipping, transporting, receiving, or possessing firearms.
    You can find details on the Visa Waiver Program here: http://travel.state.gov/visa/temp/wi...hout_1990.html

    The short version is that because the UK participates in the Visa Waiver Program, as long as they came here through that program they would be legal to possess a firearm.
    Alma 43:47 - "And again, the Lord has said that: Ye shall defend your families even unto bloodshed...."
    Self defense isn't just a good idea, it's a commandment.

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    Regular Member Thundar's Avatar
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    Don't let him carry a loaded handgun with a threaded barrel in certain parts of Virginia. Exemtions from the Federal Gun Control Act do not exempt him from Virginia's stupid asault weapons law.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

  9. #9
    Regular Member papa bear's Avatar
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    Quote Originally Posted by Thundar View Post
    Don't let him carry a loaded handgun with a threaded barrel in certain parts of Virginia. Exemtions from the Federal Gun Control Act do not exempt him from Virginia's stupid asault weapons law.
    Sorry THUNDAR, could you give a cite for that. laws in VA are the same for SWVA, as well as NVA. that is the main goal of the VCDL

    i would like to know because if there is a difference then we need to get it changed
    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.

  10. #10
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by papa bear View Post
    Sorry THUNDAR, could you give a cite for that. laws in VA are the same for SWVA, as well as NVA. that is the main goal of the VCDL

    i would like to know because if there is a difference then we need to get it changed
    § 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.
    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.
    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. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.
    The exemptions set forth in § 18.2-308 shall apply, mutatis mutandis, to the provisions of this section.
    (1991, c. 570; 1992, c. 790; 2003, c. 976; 2004, c. 995; 2005, c. 160; 2007, c. 813.)

    There are actually still a lot of regional differences.

    http://www.dgif.virginia.gov/hunting...ordinances.pdf
    Last edited by peter nap; 09-04-2013 at 01:22 PM.

  11. #11
    Regular Member papa bear's Avatar
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    Thanks PETER, i have sent this on to people that know more then me. i am interested in seeing what they say
    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.

  12. #12
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by papa bear View Post
    Thanks PETER, i have sent this on to people that know more then me. i am interested in seeing what they say
    For the most part, they're legal!

    When preemption was passed it was that no law be passed that wasn't approved by the General Assembly. Most of these are based on hunting statutes that are in the Code.
    Obviously, they're abused. For instance the prohibition of carrying a loaded rifle or shotgun in your vehicle in the City of Richmond.

    Unless you're after rats or stray dogs, there isn't much hunting in the City.

    Abused or not, they're legal and I doubt very much the "People" you sent them to, are interested in changing them.

  13. #13
    Regular Member HPmatt's Avatar
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    VA daily limit on rats?

    Quote Originally Posted by peter nap View Post
    For the most part, they're legal!
    Unless you're after rats or stray dogs, there isn't much hunting in the City.
    So are there daily limits on # of rats and stray dogs you can bag in Richmond?
    Besides a hunting permit, do you need to get a bitch permit to shoot the females? (Don't know what you call a female rat - a 'Pelosi'?)

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