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Thread: A few questions on OC

  1. #1
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    A few questions on OC

    Hey guys just joined the forums and after reading a lot of the posts here I have just a few questions about OC laws. I've never OC'd mostly because of the "fear" of the law man getting me on some seemingly silly law I'm not aware of. You guys have done a great job on educating me and I'm sure many other people about laws and sharing stories, and its much appreciated! Now I apologize if these questions have been answered before but I couldn't find them here.

    So to my questions! Is there a magazine size limit? I have a Springfield XDM that holds 19+1

    Now on the subject of getting pulled over when OCing I have read both people informing officers they have a firearm on them and also read where people say don't say a thing. Now I have been pulled over twice since living here once near my home in Yorktown and another near Chesapeake, both times one of the first things out of their mouth is if I'm carrying any weapons. Now I would never want to lie to a LEO because I could imagine where that would go when I'm OCing. Now from what I read you don't have to say squat but my question is legally if I'm OCing and they ask do i have to tell them? I hope this doesn't sound too silly to ask but again I'm just trying to educate myself as much as possible before I go toting a firearm around in public.
    Thanks for reading appreciate any information

  2. #2
    Activist Member JamesCanby's Avatar
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    Quote Originally Posted by Fooman View Post
    Hey guys just joined the forums and after reading a lot of the posts here I have just a few questions about OC laws. I've never OC'd mostly because of the "fear" of the law man getting me on some seemingly silly law I'm not aware of. You guys have done a great job on educating me and I'm sure many other people about laws and sharing stories, and its much appreciated! Now I apologize if these questions have been answered before but I couldn't find them here.

    So to my questions! Is there a magazine size limit? I have a Springfield XDM that holds 19+1

    Now on the subject of getting pulled over when OCing I have read both people informing officers they have a firearm on them and also read where people say don't say a thing. Now I have been pulled over twice since living here once near my home in Yorktown and another near Chesapeake, both times one of the first things out of their mouth is if I'm carrying any weapons. Now I would never want to lie to a LEO because I could imagine where that would go when I'm OCing. Now from what I read you don't have to say squat but my question is legally if I'm OCing and they ask do i have to tell them? I hope this doesn't sound too silly to ask but again I'm just trying to educate myself as much as possible before I go toting a firearm around in public.
    Thanks for reading appreciate any information
    See www.vcdl.org/carry info

    Given your location, pay close attention to the restrictions on magazine size when open carrying, unless you have a Concealed Handgun Permit.

    You have no duty to volunteer information regarding the fact that you are openly carrying or carrying concealed, and most of us will never mention anything about being armed if we are stopped. If asked, however, you must not lie. It depends on the phrasing of the question, however. If the LEO asks if you are armed/carrying/have a weapon, etc, you must answer truthfully. If the LEO asks if you have anything illegal in the car or some other non-specific question, you could respond with "No, there is nothing illegal in my vehicle," assuming that is a truthful answer.
    Last edited by JamesCanby; 11-11-2013 at 06:35 AM.
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    Founder's Club Member Tess's Avatar
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    Some people choose to inform the LEO if they are carrying when they are stopped. There is nothing in the law that requires it.

    Just as each of us has different preferences for firearms, ammunition, training methods, practice frequency, holster styles, each of us has different preferences on personal conduct. Remain within the law; from there it's up to you -- in Virginia. Be aware as you travel when you may be in a state with a "must inform" statute.
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    Regular Member scouser's Avatar
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    Quote Originally Posted by Fooman View Post
    So to my questions! Is there a magazine size limit? I have a Springfield XDM that holds 19+1
    your 9mm XDM is legal to carry openly anywhere that openly carrying is legal. There are some parts of Virginia that have a 20 round limit for any detachable magazines unless you have a CHP, but where I come from 19 is less than 20 so that rule is irrelevent for that firearm. I've simplified my answer in order to address your question, there is slightly more to it, more restrictions of other items and more ways than just possessing a CHP to make those items legal, but my intention is solely to inform you that your XDM is legal.

    Here is the text of the relevent law
    Last edited by scouser; 11-11-2013 at 08:44 AM. Reason: added link to 18.2-287.4

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by scouser View Post
    your 9mm XDM is legal to carry openly anywhere that openly carrying is legal. There are some parts of Virginia that have a 20 round limit for any detachable magazines unless you have a CHP, but where I come from 19 is less than 20 so that rule is irrelevent for that firearm. I've simplified my answer in order to address your question, there is slightly more to it, more restrictions of other items and more ways than just possessing a CHP to make those items legal, but my intention is solely to inform you that your XDM is legal.

    Here is the text of the relevent law
    The important wording here is "more the 20 rounds of ammunition" - his XDM his completely legal.

    Note to the OP - Sheriff Danny Diggs (Yorktown/Poqouson) is one of the friendliest OC and self-defense sheriffs in the state - he is #1 in my book.
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  6. #6
    Regular Member scouser's Avatar
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    Quote Originally Posted by Grapeshot View Post
    The important wording here is "more the 20 rounds of ammunition" - his XDM his completely legal.

    Note to the OP - Sheriff Danny Diggs (Yorktown/Poqouson) is one of the friendliest OC and self-defense sheriffs in the state - he is #1 in my book.
    understood .. I was solely addressing the question he asked and saying his 9mm was not affected by any limitations, but I included the link so anyone could check it for themselves, and stated that I'd simplified my response so as to just answer that question.

    But I did say a 20 round limit, and a limit is what you're allowed, ie 20 is ok, 21 you better be a protected class in one of those places, like a 35 speed limit, you can go 35, but 36 you better be special and have a big loud white truck ... lol

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    Regular Member WalkingWolf's Avatar
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    OP if stopped and asked a question you must not lie, but you do not have to answer the question. I have not been asked when stopped about weapons. But the last time I was stopped was years ago in a commercial truck, and I had to exit the truck upon request of the trooper, and he could see my sidearm.

    I probably if stopped would answer such a question with a question, or silence. Such as "Do you have any weapons?"~~"Officer, why am I being stopped?". If he cannot articulate why I have been stopped I will ask if I am free to go or being detained. If being detained even for traffic stop, you do not have to answer any questions if you invoke your right to remain silent.
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    Campaign Veteran skidmark's Avatar
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    Going back to the OP's original question -

    Yes, there is a limit on magazine size outside those areas specified in the law. After about 250 rounds the Fashion Police will be swarming all over you for not having at least one little kid to hold your train up out of the dirt. Do not try to get around that by pulling a little red wagon behind you.

    stay safe.
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  9. #9
    Regular Member WalkingWolf's Avatar
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    Be sure not to conceal your red wagon without a RWP...
    It is well that war is so terrible otherwise we would grow too fond of it.
    Robert E. Lee
    The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.
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    What separates the winners from the losers is how a person reacts to each new twist of fate.
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  10. #10
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    Or simply state "I am not carrying any illegal weapons on mysel or in my vehicle." If of course that is the truth. Did you answer the question he asked? No. But will it make the officer happy? Probably. Unless he/she is sly and proceeds to ask about legal weapons. Just my two cents.

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