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Thread: OC Requirement In Virginia

  1. #1
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    Is there a requirement when you OC in how the gun must be or notcarried (.i.e hoster, in hand, shoulder hoster)?

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    As long as the piece is open to common observationor not hidden,you should be ok. I would not carry in my hand as that could be construed as "brandishing".

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    Carrying in your hand is one of the quickest ways to land yourself in jail. I usually carry with an OWB paddle holster, or a thigh rig when I'm doing something demanding.

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    kaiheitai17 wrote:
    As long as the piece is open to common observationor not hidden,you should be ok. I would not carry in my hand as that could be construed as "brandishing".
    When OCing if gun is holstered. Is any action in touching, resting hand on, or just handling considered "brandishing" or must you way threatenwith your gun example: Tell some one I got a gun, so don't mess with me?

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    Yes, keep your hands off. No threats. Bruce Jackson of VCDL told me about a CC'er who was charged with brandishing because he unbuttoned his sportcoat during a verbal confrontation.

    You want to de-escalate and depart. The other actions may tend to escalate the situation, and that will put you on the wrong side.

  6. #6
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    I'm not a legalbeagle, Is there a legal defintion towhat is brandishment isor link to short definition under virginia code?

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    dichamw wrote:
    I'm not a legalbeagle, Is there a legal defintion towhat is brandishment isor link to short definition under virginia code?
    http://leg1.state.va.us/cgi-bin/legp...0+cod+18.2-282



    § 18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.

    A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.

    B. Any police officer in the performance of his duty, in making an arrest under the provisions of this section, shall not be civilly liable in damages for injuries or death resulting to the person being arrested if he had reason to believe that the person being arrested was pointing, holding, or brandishing such firearm or air or gas operated weapon, or object that was similar in appearance, with intent to induce fear in the mind of another.

    C. For purposes of this section, the word "firearm" means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material. The word "ammunition," as used herein, shall mean a cartridge, pellet, ball, missile or projectile adapted for use in a firearm.

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    LEO 229 wrote:
    dichamw wrote:
    I'm not a legalbeagle, Is there a legal defintion towhat is brandishment isor link to short definition under virginia code?
    http://leg1.state.va.us/cgi-bin/legp...0+cod+18.2-282



    § 18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.

    A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.

    B. Any police officer in the performance of his duty, in making an arrest under the provisions of this section, shall not be civilly liable in damages for injuries or death resulting to the person being arrested if he had reason to believe that the person being arrested was pointing, holding, or brandishing such firearm or air or gas operated weapon, or object that was similar in appearance, with intent to induce fear in the mind of another.

    C. For purposes of this section, the word "firearm" means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material. The word "ammunition," as used herein, shall mean a cartridge, pellet, ball, missile or projectile adapted for use in a firearm.

    'OC and just verabally making a statement to me seem a "threat" rather than anything under this statue.


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    dichamw wrote:
    'OC and just verabally making a statement to me seem a "threat" rather than anything under this statue.
    "point, hold or brandish"

    About the closest you can get to being accused of brandishing without having it out of the holster would be to hold it in the holster.

    Your placing a hand on the gun gripwhile you are in view of the"victim" causing fear.

  10. #10
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    LEO 229 wrote:
    dichamw wrote:
    'OC and just verabally making a statement to me seem a "threat" rather than anything under this statue.
    "point, hold or brandish"

    About the closest you can get to being accused of brandishing without having it out of the holster would be to hold it in the holster.

    Your placing a hand on the gun gripwhile you are in view of the"victim" causing fear.
    I sometimes use my hand and arms when speaking, like waving and pointing which could be threatning to some people in a instense verbal altercation or normal level verbal encounter. I fear that it could get mistaken as a brandishment action by the dictionary definition (waving and flourishing) with a gun strapped on.

  11. #11
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    dichamw wrote:
    I sometimes use my hand and arms when speaking, like waving and pointing which could be threatning to some people in a instense verbal altercation or normal level verbal encounter. I fear that it could get mistaken as a brandishment action by the dictionary definition (waving and flourishing) with a gun strapped on.
    Look at this section clipped below....
    or any object similar in appearance, whether capable of being fired or not
    I could arrest you for waiving your thumb and forefinger if it looked like a gun...

    If I cannot tell it was not a gun... and I see your wearing a gun... It could lead me to believe you are brandishing... GUN!

    So you better be careful with those empty hands!! Even if your finger cannot fire.


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