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Open carrying a rifle?

OC-Glock19

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I was just wondering what the law is regarding open carrying a rifle versus a handgun. Obviously the logistics of carrying are totally different since a handgun is in a holster and you aren't handling it, and the rifle would either be on a sling or carried by the stock. For example, if I wanted to take my rifle to my neighbor's house 5 doors down would I have to case the gun to be legal? Would it just be too overt and scare the sheeple unnecessarily? I'm just curious, and any replies and/or experiences are welcome.
 

Dutch Uncle

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[align=left]With the exception of hunting, I've never carried a rifle on the streets.

As teenagers, my friend and I used to walk through the center of town on the railroad tracks, while I carried my Civil War musket right past the Police station on the way to the sand pit in the next town where we shot. Some heads turned, but nothing else. And this was in NEW JERSEY!

Today, this would result in SWAT teams, newspaper reporters and a trip to Juvy Court, so you can probably imagine how old I am.
[/align]
 

VApatriot

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Interesting topic.

I've been away from my computer for the past two weeks while I was visiting family up in Wisconsin, but the topic of firearms is something that came up a lot up there. I was talked to an uncle of mine who told me about a guy in Milwaukee who regularly carried around a rifle. The police could find no law against it, so they arrested him for disturbing the peace.
 
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Arizonatexan

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In Texas - not an open carry State - us good ole boys always rode around town with a rife or shotgun in the back window of the pickup truck. Of course that was also in a small cow-town and most everyone were ranchers and everybody knew everybody. In Arizona the open carry law says the firearm has to be in a scabbard or holster. I think prudence would dictate that a long gun be in a case while transporting. I've open carried arife on my own property but I'd think if I saw someone in a larger metropolitanarea walking down a city street carrying a rifle - it might be cause for concern. Of course - there's the issue of "brandishing." And - it probably makes a difference if its just an ordinary, well manneredcitizen walking casually carrying muzzle down or a wild-eyed, freaky lookin' varmint hopping and jumping around waving anAK-47 in the air.

Arizona-Texan
 

Grapeshot

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I had an occasion a few years ago re: open carry of a long gun. The night before a hunting trip (short notice trip), I decided I needed a hard case for my 7mm Rem Mag with scope and I really wanted to trial fit it to a case. As it was late Sunday afternoon, I did not have the option of going to a large gun dealer where I would not have had the problem. I wanted to go to Wally World (Wal-Mart)!
I called ahead and spoke to the store manager who simply advised me to stop at the entrance and have a "greeter" call someone from Sporting Goods who would then escort me back to find a gun case.
When I dismounted my vehicle, I had the bolt out of the weapon, the weapon at sling arms - inverted and proceeded towards the front of the store. You would have thought I was Moses parting the Red Sea! Customers gave me very wide berth. When I looked for a "greeter" at the entrance doors, I finally found one hiding behind a cement wall, peeking out at me. All of this happened way before the "Beltway Snipers." Oh yeah, the bottom line - I got my hard case, never saw an LEO and had a very nice conversation with the two store security officers - they may have been LEO but never so ID'd themselves. They did ask if I had any other weapons and I replied, "Yes, I have a 1911 on my right hip and a model 60 S&W in my left pocket."
Asked why and did I have a CWP I said that I had a permit and I didn't want anyone to try to snatch my 7mm. The left me to depart the store on my own and I enjoyed the hunting trip with my son very much.:lol:
 
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Arizonatexan

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Ha Ha ha HO Ho HO! That's a good story! Good ole Wally World! I got a good laugh outta that one!!
 

cREbralFIX

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Open carry of a rifle, if you have a concealed carry permit, appears to be fine. If you don't have a permit, then there are limits (folding stock, threaded barrel for a silencer, 20 round mags). Your Winchester or Marlin levergun is fine.


However, there appears to be some conflicting verbage between 18.2-287.4 and 18.2-308. You may want to look at the transport laws also.


Code of Virginia:

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-287.4

§ 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 (i) in any city with a population of 160,000 or more or (ii) in any county having an urban county executive form of government or any county or city surrounded thereby or adjacent thereto or in any county having a county manager form of government.

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.



Concealed Weapons Law:

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308


Note:

"Handgun" means any pistol or revolver or other firearm, except a machine gun, originally designed, made and intended to fire a projectile by means of an explosion of a combustible material from one or more barrels when held in one hand.


Coincidently, here is the restaurant ban (on the page for 18.2-308):

J3. No person shall carry a concealed handgun onto the premises of any restaurant or club as defined in § 4.1-100 for which a license to sell and serve alcoholic beverages for on-premises consumption has been granted by the Virginia Alcoholic Beverage Control Board under Title 4.1 of the Code of Virginia; however, nothing herein shall prohibit any sworn law-enforcement officer from carrying a concealed handgun on the premises of such restaurant or club or any owner or event sponsor or his employees from carrying a concealed handgun while on duty at such restaurant or club if such person has a concealed handgun permit.
 

reefteach

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Iknow that in Colorado Springs, a fellow was open carrying a shotgun to the city council meetings. so many people began to feel intimidatedby him that they finally slapped a "No Firearms" sign on the building where the meetings were being held.
 

cREbralFIX

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Fortunately, they cannot prohibit people from open carrying at the capitol.
 

tattedupboy

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I think it's deceptive to call Texas a non open carry state, simply because the law against open carrying applies only to handguns. Open carry of a shotgun or rifle without a permitis perfectly legal there. In fact, it is my understanding that any attempt to conceal a long gun in public is ILLEGAL.
 

longwatch

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Here is a picture from Switzerland, via wikipedia. This man's assault rifle is supposed to be unloaded by regulation but I bet no one goes around checking.
450px-Caroline-Migros-p1000507.jpg

http://en.wikipedia.org/wiki/Gun_politics_in_Switzerland
 

VApatriot

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That's a great picture!

However, I just thought of something that might comeup if someone were to OC a rifle. Does anyone think that you could be charged with brandishing if you had a rifle either in your hands or slung over your back?
 

longwatch

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Well being charged and being convicted are two different things. I think a slung rifle by itself isn't brandishing at least in Va. All I have to go by is law enforcement (game wardens) interaction with hunters and I haven't heard of a lot of brandishing charges against hunters.
 

jimwyant

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Hmmm... I guess I could test the theory by slinging my AR for my next shopping trip to Wal-Mart. I could even use my 40-round magazine, since CHP holders are exempt from the "carrying in public" statute. Anyone want to go along to videotape the event?

Just kidding. I might wear my thigh rig from time to time, but I think I'll pass on this much excitement. I may do my neighborhood watch patrol in such a manner, though, if we had one and I were ever home to participate.
 

reefteach

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I seem to recall an incident in Aspen Colorado where a guy was open carrying an antique rifle to an antique store in a mall. The "Guy with a gun" call was made, and he was stopped on the road after he was finished with his business (Stopped felony style at gunpoint that is). No charges were filed. I cant find the link right now, but your welcome to search.
 

ProguninTN

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, Tennessee, USA
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jimwyant wrote:
Hmmm... I guess I could test the theory by slinging my AR for my next shopping trip to Wal-Mart. I could even use my 40-round magazine, since CHP holders are exempt from the "carrying in public" statute. Anyone want to go along to videotape the event?

Just kidding. I might wear my thigh rig from time to time, but I think I'll pass on this much excitement. I may do my neighborhood watch patrol in such a manner, though, if we had one and I were ever home to participate.

Arizonatexan mentions the old gun-rack in the pickup truck setup. Since you did mention an AR, I'll submit my idea. I have always wondered what would happen if I put an AR in a gun rack. After all, it is one of those Big Scary, Military-type guns. ;)

ProguninTN
 

cREbralFIX

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Arizonatexan mentions the old gun-rack in the pickup truck setup. Since you did mention an AR, I'll submit my idea. I have always wondered what would happen if I put an AR in a gun rack. After all, it is one of those Big Scary, Military-type guns. ;)

ProguninTN

***

It would get stolen by some low-life who had no idea how to use or care for it properly.

Better to keep it in a Coleman folding chair bag under the seat. You can walk around with it and nobody the wiser!

Gabe Suarez tried this with an AK in a Prescott, AZ park...nobody had a clue.
 
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