Need Info...Open Carry Law VA

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-Is it LEGAL to OPEN CARRY an Unloaded or Loaded rifle in the state of Virginia?

If so, what kind of restrictions apply?

Any other information on the topic would be greatly appreciated.

This may sound like a stupid question to some, but I havn't been able find much information on this. I also keep getting conflicting information from Law Enforcement Officials, Gun Shop Employees, and other firearms owners whom I have asked.

Thank you for your time, I appreciate it.



--HK416

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Unloaded few restrictions,airport terminals, schools, courthouses, federal facilities, and national and state parks.

Loaded same with a few more depending on the gun and where you are.
18.2-287.4 Defines certain "assault weapons" and geospatial restrictions on their carry.

Localities may have restrictions on carrying loaded weapons due to hunting ordinances.

So what do you want carry and where?

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See the following:

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+15.2-915.2
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+15.2-1209.1
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-287.4
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.1

http://www.dgif.state.va.us/hunting/regulations/local-ordinances.pdf

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There was a post a week or two ago asking the same thing. It cited a code section saying OC of rifles is unlawful, except for CWP holders. They were talking about OCing an MP5 and someone else was talking about OCing another larger rifle :lol:

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It is actually more of a research question, but...


What:

Would it be legal for me to carry a (semi auto) M4/M16 style carbine? or would that be classified under the assault weapons restrictions? and definately unloaded, but with magazine on person...


Where:

General Public, other than restricted areas, mainly my property or for general protection, but also for general exercise of the constitutional law... (Northern Virginia) I live in the Loudoun/Fairfax region...



--HK416

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xd .40,

So you do have to have a CC permit to Open Carry a Rifle?

--HK416

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Maybe someone will be able to find the prior thread. It is my understanding, based on information gained from that thread, that CWP holders are legal to open carry a rifle. I would advise against it (due to the extra attention brought to you), but that's your call.

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you only need a CHP in Loudon if your weapon has a folding/ telescoping stock, or a magazine greater than 20 rounds, or is designed to accomodate a silencer.

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First of all, I would like to thank both of you (longwatch, and xd.40) for the information.


Secondly:

longwatch,

If it is possible, could you refer me to the specific law or list of firearms laws regarding Loudoun County?




Again, Thank you,

--HK416

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18.2-287.4 Applies to Loudon. See link above.

According to DGIF Loudon has enacted the following ordinances:

This is under 15.2-915.2
It is unlawful to transport, possess, or carry a loaded rifle or
shotgun in any vehicle on any public street, road or highway.
However:
The provisions of this section shall not apply to duly authorized law-enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business.

This is under 15.2-1209.1
It is unlawful to possess a loaded firearm on the road except
when permission to hunt is obtained from landowners on each
side.
However:
The provisions of this section shall not apply to persons carrying loaded firearms in moving vehicles or for purposes other than hunting, or to persons acting at the time in defense of persons or property.

Penalty for violation are only fines of not more than $100

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longwatch,

Thank you for the information, it has been very helpful...

Thanks again,

--HK416

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§ 18.2-287.4. 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....

Click to expand...

So basically its only illegal when loaded with a clip that holds 20+ rounds and/or a folding stock and/or accomodates a suppressor?

§ 15.2-1209.1. Counties may regulate carrying of loaded firearms on public highways.

The governing body of any county is hereby empowered to adopt ordinances making it unlawful for any person to carry or have in his possession, for the purpose of hunting, while on any part of a public highway within such county a loaded firearm when such person is not authorized to hunt on the private property on both sides of the highway along which he is standing or walking; and to provide a penalty for violation of such ordinance not to exceed a fine of $100. The provisions of this section shall not apply to persons carrying loaded firearms in moving vehicles or for purposes other than hunting, or to persons acting at the time in defense of persons or property.

Click to expand...

ok cool, so basically dont carry it and use hunting as an excuse. right?

15.2-915.2. Regulation of transportation of a loaded rifle or shotgun.

The governing body of any county or city may by ordinance make it unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road, or highway within such locality. Any violation of such ordinance shall be punishable by a fine of not more than $100. Conservation police officers, sheriffs and all other law-enforcement officers shall enforce the provisions of this section. No ordinance adopted pursuant to this section shall be enforceable unless the governing body adopting such ordinance so notifies the Director of the Department of Game and Inland Fisheries by registered mail prior to May 1 of the year in which such ordinance is to take effect.

Click to expand...

doesnt this conflict with the first law? (18.2-287.4) So this basically gives the power to the county of fairfax in which I reside to make it illegal to carry a loaded shotgun or rifle only? As in I may carrry the rifle and/or themagazine but not with the magazine LOADED into the rifle?

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Fairfax has no such ordinance, you are allowed to have one for personal safety, and it is only in a vehicle not on foot.

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Ok, So pretty much, It is legal to open carry an UNLOADED rifle in the state of Virginia (ie: Loudoun County) for what-ever reason?? Also, It may not have a folding or telescopic stock, the built in ability to fit a suppressor, and/or a large >20 round magazine...correct?

Am I right? I hope that I am not mixed up on anything...This is just my personal interpretation of the laws generally.


Thank you,


--HK416

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If its unloaded 18.2-287.4 doesn't apply.

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So if what you said is correct, and from what I have read, it sounds right. I can technically open carryLEGALLYan UNLOADED rifle in public, for what-ever reason, and as long as it doesn't have a folding/telescoping stock, >20 mag, and the ability to fit a supressor.

Please tell me if I am wrong or am reading it wrong, I just want to make sure my facts are straight.



Thank you,



HK416

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No if it is unloaded it doesn't matter how it is equipped you can open carry it.

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longwatch,

--"No if it is unloaded it doesn't matter how it is equipped you can open carry it."--

So are you saying that as long as it is EMPTY, it can have a suppressor mount, and/or folding/telescoping stock? Or am I not reading it right? haha



thanks,



HK416

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http://law.justia.com/virginia/codes/toc1802000/18.2-282.html



§ 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.

(Code 1950, § 18.1-69.2; 1968, c. 513; 1975, cc. 14, 15; 1990, cc. 588, 599; 1992, c. 735; 2003, c. 976; 2005, c. 928.)