Hampton Roads - OC reports

wylde007 said:

=you stop bringing that "law" up?

No one has ever been charged with it because local and state police don't generally enforce federal law.Sometimes I can't believe I'm reading some of the malarkey you post on this forum packaged as "advice".

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So you are saying I/Others should break a federal law by not locking my gun up while traveling?

wylde007 said:

Jesus tap-dancing Christ would you stop bringing that "law" up?

No one has ever been charged with it because local and state police don't generally enforce federal law.Sometimes I can't believe I'm reading some of the malarkey you post on this forum packaged as "advice".

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He is technically correct, which is the best kind of correct. I could imagine some overzealous cop and prosecutor charging someone for brandishing while doing that, just look at skidmark.

kevinhutch said:

So would you suggest just to keep it in the holster when getting in the car? I heard it has to be clearly visible at all times to be considered open carry, But if im wearing my seatbelt its covered up a little and not "clearly visible" what do most people do in these situations?

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The test as to whether the gun is visible - OCing - is how you are wearing it - no clothing covering it. It is not demanded that nothing be between the viewer and your hip.

A holstered, uncovered handgun is OC in a vehicle where the door or console may block the view. Same for sitting strong side in while seated in a restaurant booth, being on the other side of a wall, or standing in the middle of a group of people where an outside observer cannot see your hip. A seat belt partial obscuring the view has never to my knowledge been a problem in VA.

"Clearly visible" is not a requirement. The requirement is that when it is seen that it be discernible/recognizable as a gun. IWB holsters that only expose the grips of the handgun still qualify as OC.

I OC 24/7 on foot, in my truck, in restaurants, everywhere I go - the gun never leaves my holster. The less handling the better.
Have I ever had a problem? - once or twice. Total penalty = my coffee got cold.

Just leave it on your hip. If you are walking around and your method of carry qualifies as open, then when you sit in a car, without changing your carry method, this is STILL OPEN.

Why is this so hard? haha

Also, go read the sticky thread about OC'ing in a car in the forum. Its at the tip top. Should help.

DJEEPER said:

Just leave it on your hip. If you are walking around and your method of carry qualifies as open, then when you sit in a car, without changing your carry method, this is STILL OPEN.

Why is this so hard? haha

Also, go read the sticky thread about OC'ing in a car in the forum. Its at the tip top. Should help.

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Although I have been anxiously waiting for ProShooters head holster to come online.

kevinhutch said:

I am just starting to OC in newport news as my friend with his CCW almost got stabbed a couple weeks ago and carrying might have saved his life. Im a bit confused about OC in vehicles because ive gotten mixed answers from local gunshops and online threads. What im wondering is, if my handgun is in my hip holster for OC, can i keep it in the holster when i get in the car? Is that considered concealed? Ive been keeping my magazine in the holster and placing the handgun in my trunk but it seems sketchy each time i get out i go to my trunk and pull a handgun out. If someone could clear this up for me it would be great.

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Grapeshot is the voice of reason and experience.

It does sound like you are just getting started though. Make sure you read up on the laws and know places you can and can't OC.

While we want everyone to carry and be able to defend themselves there is responsibility that comes with the practice. You and only you need to understand the laws. This forum is a great place to get questions answered and reading different threads will bring you up to speed quickly.

http://www.vcdl.org/pdf/VCDL_Carry_Card.pdf

OC-ed to Pierces BBQ, Dailey Orthodontics. no issues.

ocholsteroc said:

Do you have a CHP?

There is this "invisible 1000 foot federal law "

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The Gun Free School Zones Act states:
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

Check out (ii), since no permit is required by the state to posses a firearm how can one be charged with possessing a firearm within 1000 ft of a school? I know that no one wants to foot the cost of legal counsel required of being the guinea pig on this issue, but I don't see how even a federal official could enforce this law in Virginia. I am sure that someone with more experience with the courts will be along shortly to correct me if I am wrong about this.

I also walk my dog past a school every night, open carrying, and I have never had an issue. I doubt I ever will have one either.

tcmech said:

The Gun Free School Zones Act states:
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

Check out (ii), since no permit is required by the state to posses a firearm how can one be charged with possessing a firearm within 1000 ft of a school? I know that no one wants to foot the cost of legal counsel required of being the guinea pig on this issue, but I don't see how even a federal official could enforce this law in Virginia. I am sure that someone with more experience with the courts will be along shortly to correct me if I am wrong about this.

I also walk my dog past a school every night, open carrying, and I have never had an issue. I doubt I ever will have one either.

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CHP permit "licensed"

ocholsteroc said:

CHP permit "licensed"

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CHP = license to conceal, no license required to posses, or openly carry.

ocholsteroc said:

So you are saying I/Others should break a federal law by not locking my gun up while traveling?

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I am saying that a "federal law" has no standing in Virginia if the local authorities do not enforce it.

I would not suggest open carrying in front of a school hosting an FBI conference, but even then I think you'd be hard-pressed, in Virginia, to even be given a second glance... unless you were near some NoVa yankee enclave.

mpg9999 said:

He is technically correct, which is the best kind of correct.

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He's technically not correct. We've beaten this topic until blue in the face and he's the only one who keeps bringing it up like it means something.

hi this is my frist post i have been open carrying for about 9 years with out a problem till tonight when me and my friend went to get dinner
at tijuana flats on virginia beach blvd. we have gone there about once a week for six months with no problems but tonight they came outside
we were told that we could only come in on the condition that we cover our guns because a customer had complained about our guns

I hope you left and let him know that he is not only losing your business, but other open carriers

IOP said:

hi this is my frist post i have been open carrying for about 9 years with out a problem till tonight when me and my friend went to get dinner
at tijuana flats on virginia beach blvd. we have gone there about once a week for six months with no problems but tonight they came outside
we were told that we could only come in on the condition that we cover our guns because a customer had complained about our guns

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I been there once.

ocholsteroc said:

I been there once.

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been there twice oc no probs at vb blvd one. oc today superior pawn and gun and range...love these guys. also oc in samsclub oni vb blvd by rosemont to buy a giftcard with cash to use at gas pump. its retarded. by the way. lynhaven walmart has at least 7 boxes of 9mm remington fmj. 11.97

GreatDaneMan said:

been there twice oc no probs at vb blvd one. oc today superior pawn and gun and range...love these guys. also oc in samsclub oni vb blvd by rosemont to buy a giftcard with cash to use at gas pump. its retarded. by the way. lynhaven walmart has at least 7 boxes of 9mm remington fmj. 11.97

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One heck of a deal, thanks.

ocholsteroc said:

One heck of a deal, thanks.

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its goin up. was 10.97 at nn walmart a week ago. the range also wants 15.99 for a box of 50 9mm cheap stuff. blah. I'm getting a 1250 crate for 200! :banana:

GreatDaneMan said:

its goin up. was 10.97 at nn walmart a week ago. the range also wants 15.99 for a box of 50 9mm cheap stuff. blah. I'm getting a 1250 crate for 200! :banana:

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Very good, LGC quoted $210 for 1k, and was at a gun show last year $200 for 1k.

GreatDaneMan said:

oc today superior pawn and gun and range...love these guys.

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There's a sign on the door at the Aragona location which clearly states loaded guns are not permitted in the store.

Did you unload first? I stopped going in there when I saw that asinine sign AND they enforced it on me.

wylde007 said:

There's a sign on the door at the Aragona location which clearly states loaded guns are not permitted in the store.

Did you unload first? I stopped going in there when I saw that asinine sign AND they enforced it on me.

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Yeah, same for the one in Hampton.

"Is that loaded?"
Me -"uh yes."
"you need to go back out and unload it before coming in here."
Me -"goodbye."

I haven't been back. Its in a shady part of Hampton anyway.

That's very odd they would do that at the Hampton Superior Pawn, if it's the one on Mercury. I go there quite a bit, holstered and loaded. The guy at the counter usually just asks what I'm shooting that day and I turn to show him. Pretty sure the sign inside the store said holstered or cased. As for the area, meh. I'm carrying and the range has good ventilation. One place I will never go to again, however, is The Marksman. They've yelled at 2 of my co-workers for picking up their own brass, saying "As soon as it hits the ground, it's ours. Pays for the range." Where the hell did the $13 I just gave you to shoot my gun for an hour go?!?

Carried at Walmart, Worlds Best Comics, Casey Honda.

2 traffic stops btw. One in Newport News, the other in Hampton. Neither asked about guns, neither asked for insurance either....