Basic clarification about open carry

I have some basic questions that need clarification. I've been told conflicting answers so I'm seeking the expertise here to help. I'm sure these questions have been asked before but I'm posting anyway to get help.
1. When open carrying, I've been told that you cannot have a round chambered. Is this true or can you have it loaded?
2. When in your own vehicle, do you have to have it unholstered or is it considered concealed if you don't?
I apologize if these are redundant and have been asked many times before, but I just want to be sure I'm following the law.
Thank you for your advise.

candrews2010 said:

I have some basic questions that need clarification. I've been told conflicting answers so I'm seeking the expertise here to help. I'm sure these questions have been asked before but I'm posting anyway to get help.
1. When open carrying, I've been told that you cannot have a round chambered. Is this true or can you have it loaded?
2. When in your own vehicle, do you have to have it unholstered or is it considered concealed if you don't?
I apologize if these are redundant and have been asked many times before, but I just want to be sure I'm following the law.
Thank you for your advise.

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Welcome to OCDO. Moved your query to the Virginia sub-forum as it is state specific.

First, there are no open carry (OC) laws in Virginia. It is the absence of any such law that makes OC legal.

When in a vehicle you may carry it loaded. To do otherwise would make it an expensive paperweight. A seat belt over the handgun is not concealed carry. You may also put it in a secured/not locked console or glove compartment. Carry it openly and loaded is legal unless otherwise restricted (i.e. a felon) and is not considered concealed just because you are in a vehicle.

§ 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.

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I am not an attorney. Trust but confirm.

https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-308/

http://www.virginialawoffice.com/blog/how-can-i-legally-carry-a-firearm-in-my-car

https://en.wikipedia.org/wiki/Gun_laws_in_Virginia

Stay current on Virginia gun laws - subscribe free to Virginia Citizens Defense League's Va-Alert - we do not sell or rent your contact information.

Even better, join VCDL.

Consider attending our annual in mass rally at the Virginia Legislative Building, held on Martin Luther King's birthday each year. Yes you can carry in that building except in the Senate chamber.

candrews2010 said:

I have some basic questions that need clarification. I've been told conflicting answers so I'm seeking the expertise here to help. I'm sure these questions have been asked before but I'm posting anyway to get help.
1. When open carrying, I've been told that you cannot have a round chambered. Is this true or can you have it loaded?
2. When in your own vehicle, do you have to have it unholstered or is it considered concealed if you don't?
I apologize if these are redundant and have been asked many times before, but I just want to be sure I'm following the law.
Thank you for your advise.

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Welcome to OCDO (Open Carry (Dot) Org). Grapeshot has given you some good links.

What interests me is who told you that (in general, not asking for a name)?

You may open carry in Virginia with some restrictions (Federal buildings, Post offices, State Wildlife areas (as posted), Federal Parks and Wildlife areas (as posted) and so forth). It's weird in churches as there is a caveat. At those locations is it not required you have a permit to conceal carry (there is no law addressing this making it not illegal). Some LEO will tell you that you can't OC in a bank but their cite is erroneous as a bank, though protected by FDIC, is not a federal site.

Signage has force of law and you may be trespassed but not arrested, in general.

There are no 'rules' about carrying in a car, carrying chambered or not it's up to your experience and ability. You do not need a permit to carry in your car, but you must not have it concealed on the seat, though it may be put in a secured container, including the glove compartment.

The rule on being stopped in traffic is, if asked, you must state you have a permit to conceal carry (CHP) but if you are not carrying, you do no not have to answer this question. At no time does the law require you talk about your firearm, answer questions about if you have one, where it is or anything like that. The law talks about your permit only. Obviously if you do not have a permit you are not required to talk about it either as long as your firearm is not concealed about your person.

The LEO may ask you or even demand you talk about, produce, give up your firearm but it's a request, generally speaking. If they do and if you are inclined it's not a good idea to touch your firearm or take it out, because touching it or reaching to touch it may get you perforated by the LEO's partner who may be watching you at an off angle.

IOW, it's pretty lenient but it's complicated in Virginia which is a 'shall-issue' state and a large percentage of the population do carry permitted or otherwise.

Take 'er easy and enjoy the site.

maverick9 & Grape, tks for the VA OC refresher as your information pointed out a couple lapses in my once known knowledge base about carry there ~ twas much appreciated!

teachable moment candrews2010…,

be sure to read ALL of "Tale of Henrico-Ferry Tale II-Arrested for following the law". I bumped it up for you so that it won't be so hard to find. It's long but instructional, very valuable in its depth.

Best advice I can give you (and I am not a lawyer, BTW), is read it and read it until you understand it, and if you find that you still don't understand it, come see us, sit down and break bread with us sometime, I don't want any one of us having to go through this again!!! This should be mandatory reading for anyone considering carrying OC or CC in Virginia.

This was a mountain made out of a mole hill, and it wasn't even a mole hill to begin with, basically they CAN convict a ham sandwich!

sidestreet

Jeremiah 29:11-13

Philippians 1:3

we are not equal, we will never be equal, but we must be relentless.

Article "Tale of Henrico-Ferry Tale II-Arrested for following the law"

Sidestreet,

Where is the article-"Tale of Henrico-Ferry Tale II-Arrested for following the law" that you mention in the previous thread?

Thank you

Open carry in Williamsburg

I know I've seen some posts that folks have open carried in parts of Williamsburg but has anybody had any issues carrying near Colonial section, which is near the college? Also has anybody here ever carried at Captain Georges or the outlet malls?

Thank you for your expert advise.

candrews2010 said:

I know I've seen some posts that folks have open carried in parts of Williamsburg but has anybody had any issues carrying near Colonial section, which is near the college? Also has anybody here ever carried at Captain Georges or the outlet malls?

Thank you for your expert advise.

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No problems OCing near or in the Colonial Williamsburg section, nor William & Mary.

Captain George's and all of the restaurants are good.

Nothing has really changed:
http://forum.opencarry.org/forums/showthread.php?95499-Visiting-Williamsburg-area

candrews2010 said:

Sidestreet,

Where is the article-"Tale of Henrico-Ferry Tale II-Arrested for following the law" that you mention in the previous thread?

Thank you

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Here is the direct link:

http://vb.opencarry.org/forums/show...ed-for-following-the-law&highlight=ferry+tale

It's under the Virginia page.

The concealment standard in Va is "hidden from common observation". If you want specifics on that, put on your judge hat. They make the determination.

See Va Code Section 18.2-308 for more info.

Nemo

https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-308/

§ 18.2-308. Carrying concealed weapons; exceptions; penalty.

A. If any person carries about his person, hidden from common observation, (i)

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Va_Nemo said:

The concealment standard in Va is "hidden from common observation". If you want specifics on that, put on your judge hat. They make the determination.

See Va Code Section 18.2-308 for more info.

Nemo

https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-308/

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The full applicable phrase "hidden from common observation when it is observable but is of such deceptive appearance" is important here. Under these standards, a belt buckle gun would be considered concealed even if plainly visible.

I've heard the silly "if you open carry, you can't have one in the chamber" statement also. I would love to know how this got started.

Roverhound said:

I've heard the silly "if you open carry, you can't have one in the chamber" statement also. I would love to know how this got started.

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That is true elsewhere - not in Virginia though.

"Utah allows for open carry of unloaded firearms without a concealed firearm permit. "Unloaded" as it applies here, means that there is no round in the firing position (or chamber), and the firearm is at least two "mechanical actions" from firing.As carrying the firearm with the chamber empty, but with a full magazine, meets this definition (the handler must chamber a round, and then pull the trigger), this is a common work around for Utah residents who do not wish to acquire a permit. Without the permit, the firearm must be clearly visible."
https://en.wikipedia.org/wiki/Gun_laws_in_Utah

Go with a semi-auto and disengage the safety, Action 1, and then pull the trigger, Action 2. Is that sufficient?

Or is this in the wrong thread?

Nemo

Va_Nemo said:

Go with a semi-auto and disengage the safety, Action 1, and then pull the trigger, Action 2. Is that sufficient?

Or is this in the wrong thread?

Nemo

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Nice try, but no cigar.

This is from Grapeshot's post No. 14.

"Utah allows for open carry of unloaded firearms without a concealed firearm permit. "Unloaded" as it applies here, means that there is no round in the firing position (or chamber), and the firearm is at least two "mechanical actions" from firing.

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So safety disengaging is not a 'mechanical action'?

I do that on my EDC and you can actually see the hammer move. Engage the safety and the hammer move to a different position. That should require some mechanical action.

Nemo

Va_Nemo said:

So safety disengaging is not a 'mechanical action'?

I do that on my EDC and you can actually see the hammer move. Engage the safety and the hammer move to a different position. That should require some mechanical action.

Nemo

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You missed it again. The Utah statute requires two mechanical actions AND an empty chamber.

You can activate the safety, then deactivate the safety, rack the slide, lower the hammer, cock the hammer and remove the magazine. None of that matters unless the chamber is empty.

That is a lot of Utah specific minutia in a Virginia based thread.

gutshot II said:

You missed it again. The Utah statute requires two mechanical actions AND an empty chamber.

You can activate the safety, then deactivate the safety, rack the slide, lower the hammer, cock the hammer and remove the magazine. None of that matters unless the chamber is empty.

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OK, you are correct. ZOOM right over my head. On review I stand correct and now properly informed.

Nemo