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Thread: It is legal to open carry with a permit or without in V.A.

  1. #1
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    I open carry with my shoulder strap it is noticeable mostly to everyone who pays attention tell me the pros and cons of this.

    Dumfries V.A.

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    If you dont have a permit can you have your gun fully loaded

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    doesn't do you much good if you don't carry loaded. and to my knowledge, no permit is needed to be loaded.

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    papiron32467 wrote:
    If you dont have a permit can you have your gun fully loaded
    Yes, in VA, and most states, no permit to carry a loaded handgun openly in public.

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    i know thats right I knew if you had a permit you could but if you didnt I thought you would have to keep it seperate like in your pocket or something so the only advantage a permit holder has is that he can conceal it.

    Dumfries V.A.

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    Mike wrote:
    papiron32467 wrote:
    If you dont have a permit can you have your gun fully loaded
    Yes, in VA, and most states, no permit to carry a loaded handgun openly in public.
    http://leg1.state.va.us/cgi-bin/legp...cod+18.2-287.4

    http://leg1.state.va.us/cgi-bin/legp...cod+18.2-308.7

    So, as far as open carry of handguns without a CHP goes, you need to be 18+ and, inmany types ofareas, don't carry one with a threaded barrel ("designed by the manufacturer to accommodate a silencer").

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    Regular Member possumboy's Avatar
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    papiron32467 wrote:
    If you dont have a permit can you have your gun fully loaded
    You can not carry over20 rounds without a CHP:

    "§ style="BACKGROUND-COLOR: #ffff00"18.2-287.4[/b]. 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.

    (1991, c. 570; 1992, c. 790; 2003, c. 976; 2004, c. 995; 2005, c. 160.) "

    18.2-287.4 does not apply to people with a "valid concealed handgun permit..

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    possumboy wrote:
    papiron32467 wrote:
    If you dont have a permit can you have your gun fully loaded
    You can not carry over20 rounds without a CHP
    "(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."




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    Founder's Club Member Hawkflyer's Avatar
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    Mike wrote:
    possumboy wrote:
    papiron32467 wrote:
    If you dont have a permit can you have your gun fully loaded
    You can not carry over*20 rounds without a CHP
    "(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 twenty rounds is a limit on total capacity a single magazine plus the chamber capacity of the weapon. You could have a spare mag that carries 19 more. (Capacity of weapon must be 20 or less, so 19+1).

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    Hawkflyer wrote:
    The twenty rounds is a limit on total capacity a single magazine plus the chamber capacity of the weapon. You could have a spare mag that carries 19 more. (Capacity of weapon must be 20 or less, so 19+1).
    I think the text limits issue to magazine, not weapon - "with a magazine that will hold more than 20 rounds of ammunition"

  11. #11
    Regular Member VAopencarry's Avatar
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    Mike wrote:
    Hawkflyer wrote:
    The twenty rounds is a limit on total capacity a single magazine plus the chamber capacity of the weapon. You could have a spare mag that carries 19 more. (Capacity of weapon must be 20 or less, so 19+1).
    I think the text limits issue to magazine, not weapon - "with a magazine that will hold more than 20 rounds of ammunition"
    http://leg1.state.va.us/cgi-bin/legp...cod+18.2-287.4
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

  12. #12
    Regular Member possumboy's Avatar
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    Mike wrote:
    possumboy wrote:
    papiron32467 wrote:
    If you dont have a permit can you have your gun fully loaded
    You can not carry over20 rounds without a CHP
    "(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."



    Thanks for pointing that Mike. I was thinking that covers most governments around here - it even covers my home city of about 150 because of the type of government.

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    possumboy wrote:
    Thanks for pointing that Mike. I was thinking that covers most governments around here - it even covers my home city of about 150 because of the type of government.
    it's a Rube-Goldberg formula for sure - I wonder if it would hold up in court under vagueness attack?

    Somebody should figure out which localities are covered and make a map for VCDL to post!

  14. #14
    Founder's Club Member - Moderator longwatch's Avatar
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    There is already a map here http://www.virginia1774.org/Geospati...f18.2-287.html



    If Gov. Kaine signs HB2928 the population number and the urban executive form of government requirements go away and only the following localities will be covered by the law: the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond and Virginia Beachand the Counties of Arlington, Fairfax, Henrico, Loudoun and Prince William.

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