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Thread: BS?

  1. #1
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    Hey guys, well I currently work for an establishment that sells guns. Well we get alot of police in there Richmond City, Chesterfield Police and Sheriff...well Just the other day I was talking with a Chesterfield County officer and we were jsut shooting the breeze and i brought up open carry, you know jsut to see what his thoughts were on the matter personally...well.... I was informed that it is illegal to OC in Chesterfield County...I was like really??? I did not know that...of course i know otherwise to that but unless the law changed in the last month last i heard OC was legal in all of Virginia...I did not correct him just played dumb....he gave me a reason but it did not make sense something about the population numbers made it illigal or so.... I mean this guy smelled rookie all over...but he was a nice kid and I say kid cause i am 22 and he looked younger than me. but i thought you guys get a nice chuckle out of it and hope i never get stopped buy him OCing.

  2. #2
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    Yeah for the record I respect the police and what they do...and as soon as i finish and get my criminal justice degree i to will be one....however i am afraid that something like what happened in stautan va will happen in my neck of the woods...so thats all i wanted to say by posting that....and rest assured as an informed citizen when i am a police officer i will do what i can to let make sure mistakes dont happen due to miscommunications....thanks

  3. #3
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    He may have been more informed than most. It sounds like he was referring to § 18.2-287.4, but was unaware of the finer points of the statute. It is the only gun-related statute that I know of that says anything about a population number, and one that I wouldn't expect very many LEO's, rookie or veteran, to have even heard of. It states (in part):

    § 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.


    Bottom line: Unless you have a CHP, you can't OC in Chesterfield County, but only if your choice of weapon has a threaded barrel, a folding stock, a 21+ round magazine, or is a shotgun with a 8+ round magazine.


  4. #4
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    Chesterfield may have an old law on the books that prevents open carry. If they have such a law on the books, it has been invalid ever sincethe state preemption law was passed in 2002 (give or take a year).

    It sounds like the officer just needs some edumacating If he is a regular in your shop, I would recommend printing off the preemption code and giving it to him.

  5. #5
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    VA has had preemption since 1987 - but back then it had grandfathering - in 2003, grandfathering went away for CHP holder. In 2004, grandfathering was finally quashed like a bug.

  6. #6
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    Why play dumb? You could have set him straight. If he didn't believe you encourage him to check with his superiors or something. Don't let police or anyone, walk around ignorant of the laws if you can educate them.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

  7. #7
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    Mike wrote:
    VA has had preemption since 1987 - but back then it had grandfathering - in 2003, grandfathering went away for CHP holder. In 2004, grandfathering was finally quashed like a bug.
    Thanks for the history. I thought it was 2004, but I could not remember and the only thing I could find was2002 from the VCDL's Accomplishments page:

    Got a Strengthened Preemption Bill Signed Into Law in 2002 Session, Forcing Arlington to Drop its Gun Ban in City Buildings
    BTW I agree with VAopencarry, better to educate than play dumb.

  8. #8
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    better to educate than play dumb
    ...with a printed backup, like Tex1n suggested. Sounded like the "kid" was trying.

  9. #9
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    Yeah thanks guys i should have said something...oh well i get plenty of chances to ask...about 50% of the LEO's that come in there if i am not swamped and have the time i try to bring it up jsut to see what they say...missed my chance yesterday as i had a chesterfield sgt i could have asked and a state police officer i could have asked also..but i try to pick up my slack!!! soanyways i thought that was bs, but i dont know everything just everything i know.

  10. #10
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    Pay close attention to Virginia code § 18.2-287.4 (as posted by Jimwyant above). This is the code that the cop was thinking of, and misinterpreting as so many do. I had a fun discussion with the gentleman teaching my CC class several years ago because he didn't read the full code. The law is more clear now. But if you'd read it more than about 2 years ago, you probably would have missed the part specifying which guns to which this law applied, because it was buried at the end.

  11. #11
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    In a state that is as open carry friendly as Virginia, it is amazing that there are still LEOs, even rookies,who are still in the dark about its legality. I guess that no matter where gun carriers go, uninformed LEOs and sheeple will be there to harass them.

  12. #12
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    to err is human i guess...but i did not want to start an agrument untill i was 120% sure that i had not missed anything.....so i see your point on reading the law...but today in the year 2006 it is legal to oc in virginia...unless otherwise "legally" posted no guns. thats what i thought but everyone has those days...we'll jsut call it a brain fart:shock:. thanks folks

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