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OC Loaded or Unloaded

A45PISTOL

New member
Joined
Jul 1, 2007
Messages
1
Location
, ,
imported post

I have OC in many cities and townships throughout Virginia. I have had some LEO's ask me to unload and some just to see my weapon. Is either legal in the Commonwealth of Virginia?
 

openryan

State Researcher
Joined
Apr 18, 2007
Messages
1,602
Location
, Indiana, USA
imported post

Seems to me that if they want to search your person or inspect your firearm, that you would need to be legally detained -- I have no idea if this is the law though.
 

Citizen

Founder's Club Member
Joined
Nov 15, 2006
Messages
18,269
Location
Fairfax Co., VA
imported post

A45PISTOL wrote:
I have OC in many cities and townships throughout Virginia. I have had some LEO's ask me to unload and some just to see my weapon. Is either legal in the Commonwealth of Virginia?

Welcome to OCDO!

Yes, it is legal. Its sneaky, but it is legal for them to ask you to unload and/or show them the gun. HOWEVER, you are not required to comply with the request. There is no law requiring you to show them your firearm.There is no law requiring a defensive firearm be unloaded (as opposed to hunting arms in certainsituations.)

They must have areason to detain you before they may seize your weapon,that is to say they must have a reasonable suspicion based on articulable facts thata crime was, is, or is about to be committed.It comes under the heading of the 4th Amendment.Oneoft quoted case is Terry vs. Ohio.

You can seea police "tradepublication" advisory on the subject to start getting some sense of what is going on here: http://policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=757&issue_id=122005

You can see a summary of Terry vs Ohio here: http://www.law.cornell.edu/supct/search/display.html?terms=Terry%20v%20Ohio&url=/supct/html/historics/USSC_CR_0392_0001_ZS.html

These are an introduction to the subject. There are a number of nuances to learn about--the subject has been discussed at length on multiple threads on this site. I recommend you research them.

It is very important that you learn what to do and say andhow to say it if you want to stand on your rights. Another good place to learn basicsis www.flexyourrights.com.

Welcome to OCDO!
 

openryan

State Researcher
Joined
Apr 18, 2007
Messages
1,602
Location
, Indiana, USA
imported post

Good thing I do not live there, my firearm only unloads in one direction -- does the manufacturers warranty cover this?
 

Bravo_Sierra

Regular Member
Joined
Jul 5, 2007
Messages
912
Location
Las Vegas, Nevada, USA
imported post

If you OC or CC in Vegas with an empty magazine, you will get a verbal bitch slap for toting a proverbial paper weight.

A45PISTOL wrote:
I have OC in many cities and townships throughout Virginia. I have had some LEO's ask me to unload and some just to see my weapon. Is either legal in the Commonwealth of Virginia?
 
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