• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

A few questions on OC

Fooman

New member
Joined
Nov 11, 2013
Messages
1
Location
yorktown
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
 

JamesCanby

Activist Member
Joined
Jul 2, 2010
Messages
1,480
Location
Alexandria, VA at www.NoVA-MDSelfDefense.com
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:

Tess

Founder's Club Member
Joined
Jun 15, 2006
Messages
3,837
Location
Bryan, TX
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.
 

scouser

Regular Member
Joined
Apr 4, 2011
Messages
1,341
Location
804, VA
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:

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
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.
 

scouser

Regular Member
Joined
Apr 4, 2011
Messages
1,341
Location
804, VA
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
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
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.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
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.
 

Doc_Smith

Regular Member
Joined
Mar 7, 2012
Messages
52
Location
Newport News
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.
 
Top