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Thread: OC with an IWB holster-

  1. #1
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    I appreciate all the expertise and interest here, and am taking the easy way out (interpretation-wise).. because I don't have a current copy of the Virginia Code relevant to CCW-

    is a large semiauto, in this case, Colt Commander, (.45acp, naturally ) in a Galco IWB holster - in the "Milt Sparks Summer Special" style, with the entire grip area and rear of the slide, hammer and rear sight, of course, SHOWING.. considered OC?

    if so, could someone please quote me the "chapter and verse" of the Code?

    Many thanks!

    Molon Labe!

  2. #2
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    It falls more on the common sense rules of life. You are not trying to hide or disguise the weapon in any way in a IWB when it's of the type you describe. When I go from CC to OC (restaurants and last night) I have my .45 Govt in an IWB holster. When dedicated to OC for a day working or relaxing I use a blackhawk CQC serpa. I have not had any problems with either setup.

    I have seen threads on several boards discussing OC w/ IWB. A firearm that large where the grip, top of the receiver, and cocked hammer is showing; no one who sees it will doubt it is a sidearm. This might be questionable if you are using a smaller pistol that could easily be covered by a fold of the shirt you are wearing.

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    Regular Member IanB's Avatar
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    Nam Vet:

    The code you are looking for is ยง 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.

    The code reads "For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature."

    Wearing a belt buckle with a firearm attached to it such as in the picture below falls into that deceptive category.



    The gun in the buckle is fully functional.

    Carrying a gun IWB such as what you describe is not deceptive in nature. You are carrying a holster, and the gun would be naturally hidden by the holster only exposing the grip and a portion of the slide no matter which holster you choose. The fact that the holster is in your waistband cannot be interpreted as deceptive as the grip and slide are visible and could not be construed to be some other benign object such as a belt buckle.

    Lastly, I am not a lawyer and you should not construe this to be legal advice. I suggest you consult an attorney or the state police for a definitive answer. The state police would be the best route as you can print out the response and carry it with you in your wallet.

    I have carried my Sig in a Galco IWB holster at Fuddruckers in the past. I have never encountered LEO while carrying this way. I have a CHP so outside of an ABC establishment I would be "ok" regardless. Do you have a CHP?

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    .45 Nam Vet - that was the setup you were carrying last night at the Manassas Meeting wasn't it......only you had the entire holster outside of your pants



    Similar to nakedshoplifter, "I am not a lawyer and you should not construe this to be legal advice" but my opinion is that if you were to wear that same setup with the holster carried as it was designed, I don't see how you could be cited for carrying concealed (provided of course you weren't wearing and overgarment that hid the weapon from common view).

    A pleasure hearing you speak last night!

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    Thanks, 'carrier and 'lifter...great info, and I'm sure I'll comply with the spirit and clear intent of the law..

    I'll get the Code portion, and research it with the powers that be. (this IS a bright-finish Commander, and could not be mistaken by anyone with any intelligence for anything other than what it is.

    I also appreciate the "not a lawyer" caveat... nor am I, and that's why I know some GOOD ones...

    my CHP is expired-just haven'ttaken time to get over and renew it..that's why I OC. I hope the Grandfathering "for life" thing comes through soon, (just heard about that yesterday) so's I don't pay TWICE.

    my thanks, and Y'all have a good 'un..

    Molon Labe



  6. #6
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    just remember there is no code for open carry, you just have to inferr from and avoid what is defined as concealed carry...

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    copy that..

    one form of open carry, the ready-to-fire, would be frowned upon as "brandishing".

    sorry, I just couldn't resist the Devil's taunts.

  8. #8
    Regular Member VAopencarry's Avatar
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    Nam, Go ahead and get the CHP, the lifetime permits will not be going into effect this year, no funding.
    http://opencarry.mywowbb.com/forum54/1565-1.html

    Be advised you will not find anything in the VA Code that specifically states you can OC. That which is not unlawful, is lawful.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

  9. #9
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    I would say go ahead & get your CHP & carry concealed when possible.

    As a rule of thumb & to be on the safe side, when OC'ing your weapon should be visible by 3 sides. I am not sure if there is an actual statute anywhere that lists this, but this is what i was told by LEO from several diff. locations & a while back when I had my DCJS armed security training years back. I would recommend either a side hip carry or a shoulder rig & makes sure it is not covered. I would stay away from back & palm holsters to be safe.

    My 2 cents.

    I am not a lawyer & am not providing legal advice.

  10. #10
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    I just recently bought a little Kel Tec PF9 and have an IWB for it. If I go into a place where I have to OC, I just make sure my shirt is tucked in and the handle and top of the slide is visible. I've done this 3 times now without incident. I know people see it and know where it is becuase I can see the looks in my peripheral vision.

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