Question about Military OC! New Poster!

dropkick03 · Oct 9, 2007

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Ok, I'm a new poster here and I searched to find a topic similar to mine, but to no avail.

Here's my situation:

I am new to VA, having recently been assigned here (US Army). I'm originally from the Peoples Republic of California where I was one of the few lucky ones to get a CCW. I'm working right now on reading up on these VA laws, and I was excited to see that open carry is legal in VA without needing a permit. At least that was my understanding.

Now my question is, since I'm military and not a "standard" VA resident, and since CA is my home of record for the military, (Although I am currently renting in Alexandria) is it legal for me to open carry?

Also, I read that having been through military firearms training exempts you from having to take a class when you apply for a CCW. Is this true of all military personel or just those who have qualified with pistols?

Thanks for any responses in advance.

(Side note) I've been in training for the last 10 months, what the hell happened to PDO?

dixiehacker · Oct 9, 2007

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In VA there is no open carry law. It is legal because it is not outlawed in code. Therefore anyone who can legally possess a firearm can legally OC, so long as he does not into a place where firearms are prohibited. Check VCDL's website for more info on restricted areas.

Also, PDO has been dying a long drawn out death and has been on and off for the past two years.

smccomas · Oct 9, 2007

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"Also, I read that having been through military firearms training exempts you from having to take a class when you apply for a CCW. Is this true of all military personnel or just those who have qualified with pistols"

Welcome to Va enjoy your stay. All I was had to show was my dd214. I never qualified with a pistol while I was in. You should be good to go there.

You are not required to be a Va resident to OC. Just like driving obey the laws you should be fine.

Citizen · Oct 9, 2007

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dropkick03 wrote:

Ok, I'm a new poster here and I searched to find a topic similar to mine, but to no avail.

Here's my situation:

I am new to VA, having recently been assigned here (US Army). I'm originally from the Peoples Republic of California where I was one of the few lucky ones to get a CCW. I'm working right now on reading up on these VA laws, and I was excited to see that open carry is legal in VA without needing a permit. At least that was my understanding.

Now my question is, since I'm military and not a "standard" VA resident, and since CA is my home of record for the military, (Although I am currently renting in Alexandria) is it legal for me to open carry?

Also, I read that having been through military firearms training exempts you from having to take a class when you apply for a CCW. Is this true of all military personel or just those who have qualified with pistols?

Thanks for any responses in advance.

(Side note) I've been in training for the last 10 months, what the hell happened to PDO?

Welcome to OCDO!

There is no law against open carry. Hence, there is no restriction on non-residents in the non-existent law.

Your only legal reference authorizing open carry is that the VA Constitution, Article I, Section XIII confirms your pre-existing right to keep and bear arms.

However, you may not be an otherwise prohibited possessor--convicted felon, etc.

VA Code 18.2-308(G) speaks toyour question about military firearms experience. The entire sub-section seems to be looking for firearms safety training.(G) (5)speaks directly to the military experience. My county accepted myhonorable disharge withoutspecific proof that I hadsafety training. You can see 18.2-308 here. Just scroll down to (G): http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308

DreQo · Oct 9, 2007

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Also, I read that having been through military firearms training exempts you from having to take a class when you apply for a CCW. Is this true of all military personel or just those who have qualified with pistols?

If this IS the case then I don't know why they require any training at all! I wouldn't trust the majority of military people I've met with a gun any more than I'd trust a random person on the street. This doesn't mean that they shouldn't be allowed to carry...that's their right. I'm just saying the average military member has SQUAT for real life weapons training and responsibility, so they shouldn't be trusted any more than anyone else. (Note: the average military member's job has NOTHING to do with combat, especially in the Army.)

Anyway, it's already been said that you needn't be a resident of the state to carry. You needn't be anything (well, you might have to be a U.S. citizen, lol..but yeah). And, like everyone else has said, make sure you familiarize yourself with the (relatively) few places that you're not allowed to carry.

As far as PDO, it's belly up as far as anyone knows. The website http://www.usacarry.com is supposedly expected to be a comparable (hopefully better) alternative to PDO. Don't mention open carry over there, though, there's already a thread full of CC'ers claiming that open carry is stupid and evil (er I mean is a tactically poor choice and causes severe alarm....:banghead

. It's pretty easy to pick out the Opencarry.org members that post there lol.

dropkick03 · Oct 9, 2007

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Thanks for all the quick replies! Big help!

Looks like I'm gonna have to pick me up a new holster!

soloban · Oct 9, 2007

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Welcome to VA!

I used my AF DD214 as proof of firearms training. It didn't say a word about which weapons I trained on. I had a 3 hour training session on the M9 and 3 hour session on the M16

. Now travel vouchers on the other hand....weeks and weeks that I'll never get back. Back to the issue at hand....

Since you are still active duty you dont have DD214, but I'm sure you have some sort of Army weapons qualification form that should suffice as proof of firearms compentency. I remember seeing something about weapons training listing on my Basic Training certificate. Check through your paperwork.

18.2-308 G. The court shall require proof that the applicant has demonstrated competence with a handgun and the applicant may demonstrate such competence by one of the following, but no applicant shall be required to submit to any additional demonstration of competence:

5. Presenting evidence of equivalent experience with a firearm through participation in organized shooting competition or current military service or proof of an honorable discharge from any branch of the armed services;

Yes it is legal for you to open carry even though you are a CA resident. You don't have to be a VA resident to OC. Here's an example, could you gamble in the Vegas casinos on a CA license?

I'd call the courthouse to ask which form (resident vs non-resident) you need for your CCW permit. Be sure to bring your last 5 years of address with you when you turn in your form. I didn't realize I needed that and had to scramble to recall 4 different addresses.

PDO died from what I can tell.

SouthernBoy · Oct 9, 2007

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Welcome to the great Commonwealth of Virginia. I believe you'll soon find out that Virginia is a far cry from California as far as gun-friendliness is concerned.

Please do enjoy your stay and get out of Northern Virginia into the heartland of the state to see the real people.

Tomahawk · Oct 9, 2007

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SouthernBoy wrote:

Welcome to the great Commonwealth of Virginia. I believe you'll soon find out that Virginia is a far cry from California as far as gun-friendliness is concerned.

Please do enjoy your stay and get out of Northern Virginia into the heartland of the state to see the real people.

Yeah, don't waste your time with us fake people. We suck.

Tess · Oct 9, 2007

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"18.2-308
G. The court shall require proof that the applicant has demonstrated competence with a handgun and the applicant may demonstrate such competence by one of the following, but no applicant shall be required to submit to any additional demonstration of competence:
1. Completing any hunter education or hunter safety course approved by the Department of Game and Inland Fisheries or a similar agency of another state;
2. Completing any National Rifle Association firearms safety or training course;
3. Completing any firearms safety or training course or class available to the general public offered by a law-enforcement agency, junior college, college, or private or public institution or organization or firearms training school utilizing instructors certified by the National Rifle Association or the Department of Criminal Justice Services;
4. Completing any law-enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement;
5. Presenting evidence of equivalent experience with a firearm through participation in organized shooting competition or current military service or proof of an honorable discharge from any branch of the armed services;
6. Obtaining or previously having held a license to carry a firearm in the Commonwealth or a locality thereof, unless such license has been revoked for cause;
7. Completing any firearms training or safety course or class conducted by a state-certified or National Rifle Association-certified firearms instructor;
8. Completing any governmental police agency firearms training course and qualifying to carry a firearm in the course of normal police duties; or
9. Completing any other firearms training which the court deems adequate.

A photocopy of a certificate of completion of any of the courses or classes; an affidavit from the instructor, school, club, organization, or group that conducted or taught such course or class attesting to the completion of the course or class by the applicant; or a copy of any document which shows completion of the course or class or evidences participation in firearms competition shall constitute evidence of qualification under this subsection.

Note #5 "Presenting evidence of equivalent experience ... current military service ... ;"

Though I used my DD214, your DD2 (Active Duty ID card) meets this statute.
You might even be able to use the course you took to get the CA permit.

Thanks for your service. Welcome to Virginia!

You don't have to be a Virginia resident to open carry.

Mike · Oct 9, 2007

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Also, make sure you do NOT disclose your SSN on the CHP application and redact any SSN on any ID card or DD Form 214 presented for proof of training.

roscoe13 · Oct 9, 2007

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As others have said, for OC, you've got nothing to worry about in VA. Now, it might be good to make sure your command doesn't have a problem with it...

DreQo · Oct 10, 2007

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roscoe13 wrote:

As others have said, for OC, you've got nothing to worry about in VA. Now, it might be good to make sure your command doesn't have a problem with it...

Umm excuse me? His command can't tell him that he can't legally carry his personally owned firearm while on liberty. You still have rights in the military (not quite all of them, but most). He doesn't need to ask permission from ANYONE...isn't that one of the beauty's of VA?

Dropkick03, PLEASE don't ask anyone in your unit if you're "allowed" to. You'll just be giving them an opportunity to say no to something, even if it's none of their damned business. You should know that more than likely wont be able to carry, and will have to go through a process to even be allowed to have an unloaded and cased firearm, on base. Here at MCAS Cherry Point (NC) I was lucky enough to be allowed to openly "carry" an UNLOADED :?firearm. The handgun had to either be on the dash or in the passenger seat while in the car, and the ammunition couldn't be accessible. This wasn't the most convenient situation, but it was a lot better than having to go all the way home to drop off my sidearm, then drive all the way back to base just to pick up some papers from work.

So yeah, ask about what you can do ON base, but what you do off base is your own business. Happy carrying

.

Marco · Oct 10, 2007

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removed by me

i flamed someone.

DreQo · Oct 10, 2007

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Short comings? Grow up, ass.

You're right, I have stated in the past the military training does a lot less than people think. I am simply restating that now. You'll notice I specifically said that I wouldn't trust the OTHER PEOPLE I've met in the military. That wasn't about me.

It is a FACT that the majority of military jobs are not combat involved, and therefore those personnel DO NOT receive any real combat training. I therefore concluded from that fact, along with my own personal experiences, that simply proving military service is NOT a reasonable way to determine one's experience with a firearm.

Now if you wanna present some facts to argue my conclusion, please do so. If you want to simply attempt to insult me, refer to the first line of this post.

Marco · Oct 10, 2007

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DreQo · Oct 10, 2007

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Wow, you don't read very well, I told you to go back to the first line. Can't follow simple instructions I see. You must have been military at some point in your life, too! I'm not insulting anyone by saying that the general public puts waaay too much trust in "military training". The fact isthat States allow "military" members more privileges than other citizens. That's kind of a scary thought, if you ask me, especially when we're dealing with a fundamental right.

Marco · Oct 10, 2007

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removed:cuss:by me

LEO 229 · Oct 10, 2007

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DreQo wrote:

Wow, you don't read very well, I told you to go back to the first line. Can't follow simple instructions I see. You must have been military at some point in your life, too! I'm not insulting anyone by saying that the general public puts waaay too much trust in "military training". The fact isthat States allow "military" members more privileges than other citizens. That's kind of a scary thought, if you ask me, especially when we're dealing with a fundamental right.

Well, since your telling people what to do.. Can I suggest you go swimming? (Another thread will explain why)

Stop bashing the military you troll. The military is filled will people from all walks of life. They are big enough to serve their country and I can guess you have not.

Your just jealous that military members get some benefits you do not. Whaa!!!

How about logging off and getting back to playing Halo 2.. You wanna-be! :lol:

DreQo · Oct 10, 2007

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Agent19 wrote:

....please don't project your short comings on others....

So it's ok for you to insult people for no apparent reason, but I can't tell you how I feel? I think you're an ass, plain and simple. You know, I THOUGHT you were smart enough to keep this into PMs, but apparently you know you're acting like an idiot so you're hoping for some support from..who? HankT? LEO229? I'm sure they'd be more than happy to back you up, here.

You, sir, were out of line with the first thing you said in this thread. Like I told you in the PM, I have no reason to put up with your crap, so I told you how I felt...

OH LOOK, while I was typing LEO229 showed up!! What a suprise. Agent19, you may be an ass, but that would be a compliment to LEO. To LEO229, I'm tired of your shit. I am a Marine, and I'll be damned if you think I'm gonna let you tell me that I haven't served my country. I'm calling you out. You got so much to say, you're gonna say it in person. I want to meet you, face to face. You name the time and place.

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