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New to open carry

gcbailey

Regular Member
Joined
Nov 9, 2015
Messages
24
Location
WV/VA
I've tried to use the search function but haven't found an answer, may not know the correct key words...

I've decided to start open carrying but have a couple questions that I guess I'm not understanding the state police website wording so please forgive me.

- For open carrying is it legal to carry using a inside the waistband holster if your shirt is tucked in and the gun is visible, or is that considered concealed?

For this statement here.... "A Permit is Not Necessary in the Following Circumstances – Section 18.2-308

Any person while in his own place of business;
"

I own a landscape company and technically my place of business is my work trucks so does that mean that I can legally carry while in my truck?

I'm on the WV, VA border and work in both states... I know WV allows for open carry too, but is there any reciprocal issues to be aware of or do I need to post in the WV forum?
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
I've tried to use the search function but haven't found an answer, may not know the correct key words...

I've decided to start open carrying but have a couple questions that I guess I'm not understanding the state police website wording so please forgive me.

- For open carrying is it legal to carry using a inside the waistband holster if your shirt is tucked in and the gun is visible, or is that considered concealed?

For this statement here.... "A Permit is Not Necessary in the Following Circumstances – Section 18.2-308

Any person while in his own place of business;
"

I own a landscape company and technically my place of business is my work trucks so does that mean that I can legally carry while in my truck?

I'm on the WV, VA border and work in both states... I know WV allows for open carry too, but is there any reciprocal issues to be aware of or do I need to post in the WV forum?

Welcome to OCDO.

Generally speaking an IWB holster is accepted as OC - the important point is that the handgun be readily/easily identified as a gun and not hidden from common observation.

Neither your work truck nor a job site are your "place of business;" however, that doesn't create a problem for you with the preemptive laws in both Va and WVa.

Virginia doesn't define open carry specifically, nor legalize it directly. OC is legal because it is not forbidden by law. http://www.opencarry.org/?page_id=310

In West Virginia, one need be aware that certain areas are problematic:
West Virginia is a traditional open carry state but there are some grandfathered local open carry bans not preempted by state law, such as the City of Charleston. There is complete state preemption of all firearms laws, but any local laws passed before preemption remain in effect. http://www.opencarry.org/?page_id=314

 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
The search function sucks. IWB carry is fine as long as enough gun is showing to be identifable as a gun.
 

gcbailey

Regular Member
Joined
Nov 9, 2015
Messages
24
Location
WV/VA
Thanks for the reply... I'm in Bluefield on the VA side but work in Mercer county WV and Tazewell county VA.... We also work in a couple other counties in each state and travel frequently between states.

Our work uniform requires a "tucked in" shirt so that's why I was wondering about that type of holster... We also do "bank owned" properties and have been in some scenarios in the past where I have had to call the police.

I didn't know how the "place of business" would be defined if it was a company vehicle that is "lettered"... Thanks!
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Thanks for the reply... I'm in Bluefield on the VA side but work in Mercer county WV and Tazewell county VA.... We also work in a couple other counties in each state and travel frequently between states.

Our work uniform requires a "tucked in" shirt so that's why I was wondering about that type of holster... We also do "bank owned" properties and have been in some scenarios in the past where I have had to call the police.

I didn't know how the "place of business" would be defined if it was a company vehicle that is "lettered"... Thanks!
Even if one were a taxi driver, a vehicle (lettered or not) is not a place of business for purposes of this discussion.
 
Last edited:

gcbailey

Regular Member
Joined
Nov 9, 2015
Messages
24
Location
WV/VA
If you don't mind let me ask one other thing.... "
Generally speaking an IWB holster is accepted as OC - the important point is that the handgun be readily/easily identified as a gun and not hidden from common observation."

Does placement of the holster matter? Should it be on either your left or right? Would having the holster to your back make a difference? I have a Ruger LC9, I consider it somewhat small, I'm 6'3"... so I'm just trying to CYA.... I don't think I would have any of my customers that would be put off by a outside holster but still yet...
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
If you don't mind let me ask one other thing.... "
Generally speaking an IWB holster is accepted as OC - the important point is that the handgun be readily/easily identified as a gun and not hidden from common observation."

Does placement of the holster matter? Should it be on either your left or right? Would having the holster to your back make a difference? I have a Ruger LC9, I consider it somewhat small, I'm 6'3"... so I'm just trying to CYA.... I don't think I would have any of my customers that would be put off by a outside holster but still yet...
Location/placement of the holster matters not. If you are carrying legally, there is no difference.
 

The Wolfhound

Regular Member
Joined
Sep 3, 2009
Messages
728
Location
Henrico, Virginia, USA
As stated, you should be fine

For comfort reasons, my preferred carry, open or concealed, is an inside the waistband holster. My "compact" polymer .45 has plenty of exposure to remain clearly OC. Welcome to OCDO and be sure to check out the VCDL and it's sister organization the WVCDL. Both will be good resources for you.
 

gcbailey

Regular Member
Joined
Nov 9, 2015
Messages
24
Location
WV/VA
For comfort reasons, my preferred carry, open or concealed, is an inside the waistband holster. My "compact" polymer .45 has plenty of exposure to remain clearly OC. Welcome to OCDO and be sure to check out the VCDL and it's sister organization the WVCDL. Both will be good resources for you.

Thanks.... I will definitely check out both of those organizations. I have always been surprised and pleased at how many OC people I see in my area. Not so much on the WV side but in and around Bluefield, VA there's quite a few represented.
 

Arma1911

Regular Member
Joined
Jul 6, 2012
Messages
96
Location
VA
Why not more OC in West Virginia?

Thanks.... I will definitely check out both of those organizations. I have always been surprised and pleased at how many OC people I see in my area. Not so much on the WV side but in and around Bluefield, VA there's quite a few represented.

gcbailey,

Glad you are getting out there and posting on OCDO. I agree with you that I don't see OC in WV often. I regularly OC all over Hardy and Hampshire Counties. West Virginia, for the most part, is very gun-friendly, has a good hunting culture, and I have never had a problem or negative interaction while OC'ing (including with law enforcement). I have always wondered: Why is OC not more common in West Virginia? (Granted, I have not OC'd throughout the entire state. It may be VERY common in other counties. So, the question posed is from my (limited, but frequent) observation.)
 

gcbailey

Regular Member
Joined
Nov 9, 2015
Messages
24
Location
WV/VA
gcbailey,

Glad you are getting out there and posting on OCDO. I agree with you that I don't see OC in WV often. I regularly OC all over Hardy and Hampshire Counties. West Virginia, for the most part, is very gun-friendly, has a good hunting culture, and I have never had a problem or negative interaction while OC'ing (including with law enforcement). I have always wondered: Why is OC not more common in West Virginia? (Granted, I have not OC'd throughout the entire state. It may be VERY common in other counties. So, the question posed is from my (limited, but frequent) observation.)

I'm about 2 miles from the WV border and my business works in 2 WV counties and 3 VA counties. I know several men/women in WV who have their CCW and it seems like that's more popular in WV. One of my employees lives in WV and has his CCW. If I'm not mistaken WV had a bill in their legislature last year that would have allowed for anyone who was allowed to own a gun to CCW without a permit but it was vetoed by the gov.
 
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