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New to OC, question.

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boxerchip

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Hey,

I have been around guns pretty much my whole life... always wanted to open carry, not only for pratical reasons but as a political statement as well. Anyways, my family does not support it at all so I had to wait till I was 21 to pick up a pistol. My b-day was this past tuesday and first thing in the AM I went down to the store and picked up a USP tact .45... Anyways I was wondering when it says you cant carry a loaded gun if that means CHAMBERED or does that mean I cant have a clip with ammo in the gun?

Thanks in advance :)
 
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boxerchip

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I think I read it wrong the first time... but

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 or (b) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William.

so you just cant carry a loaded gun in those cities? :shock:why does it always make me feel like a retard to read laws... they have to pharase them in the most awkward way possible. And again... what is LOADED... just in the chamber or in the mag?
 
cato

cato

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read it this way
It shall be unlawful for any person to carry a loaded semi-automatic...pistol...equipped...with a magazine that will hold more than 20 rounds of ammunition or accommodate(s) a silencer or (is) equipped with a folding stock...
Click to expand...


This only applies IFthe magazinein a loaded pistol will holdmore then 20 rounds or the pistol can accept a silencer and/or has a folding stock attached. If you have your VA Concealed Handgun Permit this law doesn't apply to those individuals.

So leave yourUSP 30 rounders at home (until you have your chp)!:lol:
 
vt357

vt357

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boxerchip wrote:
I think I read it wrong the first time... but

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 or (b) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William.

so you just cant carry a loaded gun in those cities? :shock:why does it always make me feel like a retard to read laws... they have to pharase them in the most awkward way possible. And again... what is LOADED... just in the chamber or in the mag?
Click to expand...
At first I was going to tell you that didn't apply because that law is generally considered to apply to so called "assault weapons." Then I realized that your USP probably has a threaded barrel - ie "designed by the manufacturer to accommodate a silencer." So yes it would be illegal for you to carry that gun loaded in those cities. IANAL but I wouldn't carry it with the mag inserted even with an empty chamber. For example when transporting a firearm that is not kept in plain view or without a CHP it must be unloaded and the ammo kept separate.

If you want to carry your USP, get your concealed handgun permit. That particular law does not apply to people with a CHP.
 
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boxerchip

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but on my hip would be in plain sight.... so I could carry it with a clip driving around/ around town etc right?
 
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eyesopened

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boxerchip wrote:
but on my hip would be in plain sight.... so I could carry it with a clip driving around/ around town etc right?
Click to expand...

First it's a magazine and not a clip, there's a difference;)

Does your USP have a threaded barrel to accomodate a silencer, or has a 20 round magazine, or a folding stock? If not, then you can just OC loaded however way you like it.
 
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boxerchip

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haha "clip" is slang for us young hooligans :dude:lol but sorry, you are right. ill stop saying it. yesss its got a threaded barrel... I wanted a damn silencer. haha oh well, guess ill be OCing the glock .40 till I get my CC permit.



hmmm, or is it JUST in those named cities/areas? I dont live in one of them so I should be fine as long as I dont go driving around the state?
 
Bubba Ron

Bubba Ron

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boxerchip wrote:
haha "clip" is slang for us young hooligans :dude:lol but sorry, you are right. ill stop saying it. yesss its got a threaded barrel...
Click to expand...
You could get an aftermarket barrel (without threads) for it...
 
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stryth

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This almost goes without saying, but I'll add it anyway- before carrying a firearm openly or concealed I would strongly recommend not only knowing the laws but also putting a good amount of ammunition downrange. This ensures that the firearm is functional as well as giving you a solid foundation of using the firearm, knowing how the sights are adjusted, and trusting your reflexes with it. The likelihood of needing it is extremely low, but the cost of fumbling with it is extremely hgih.

Best of luck and good carrying.
 
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Placementvs.Calibur

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When I first considered carrying a firearm I wasn't lucky(Not envious at all)enough to go out and buy a $1000 H&K USP TACT .45. In fact, I was lucky enough to start low and work my way up. Call me old fashioned(I'm 33 yrs. old), but I didn't OC until I trusted myself enough not to use a gun where fist couldn't resolve the problem. Anyways, (a word of advice), boxerchip learn to hit the target with every shot in rapid fire before you consider to carry a firearm. Maybe the firearm you purchased wasn't the best choice for your purposes. Not a sermon, just a thought.:p
 
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boxerchip

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haha thanks for the advice guys, but my ability to shoot is not in question... ive been shooting senseI was about 8...( grew up on a farm...so ive been open carrying on myown landsense I can remember)I can hit the target like its my job... I was just curious about the laws. I love the USP and its what I want to carry... I just wanted to make sure I was not doing something illegal. Thanks for all your help and I look forward to talking with you all more.
 
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KnightSG7

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If you are in Virginia, over 18 years of age, and not a felon......there should be nothing stopping you from being able to open carry.

As long as you are not in a courthouse, school property, any place that has "no guns" posted, ect.
 
VAopencarry

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Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William.
Click to expand...

I don't know hwere you found this but it is outdated. You can OC or CC in these area's.

§ 15.2-915. Control of firearms; applicability to authorities and local governmental agencies.
A. No locality shall adopt or enforce any ordinance, resolution or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.

Nothing in this section shall prohibit a locality from adopting workplace rules relating to terms and conditions of employment of the workforce. Nothing in this section shall prohibit a law-enforcement officer, as defined in § 9.1-101 from acting within the scope of his duties.

The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail or juvenile detention facility.

B. Any local ordinance, resolution or motion adopted prior to the effective date of this act governing the purchase, possession, transfer, ownership, carrying or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid
 
skidmark

skidmark

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VAopencarry wrote:
Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William.
Click to expand...

I don't know hwere you found this but it is outdated. You can OC or CC in these area's.

§ 15.2-915. Control of firearms; applicability to authorities and local governmental agencies.
A. No locality shall adopt or enforce any ordinance, resolution or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.

Nothing in this section shall prohibit a locality from adopting workplace rules relating to terms and conditions of employment of the workforce. Nothing in this section shall prohibit a law-enforcement officer, as defined in § 9.1-101 from acting within the scope of his duties.

The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail or juvenile detention facility.

B. Any local ordinance, resolution or motion adopted prior to the effective date of this act governing the purchase, possession, transfer, ownership, carrying or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid
Click to expand...
Preemption did not invalidate any existing portions of the Code of Virginia. It just made it so localities could not clutter up the landscape with rules that changed when you crossed the boundary from one city or county into the next one.

If you carry a firearm that has a magazine capable of holding 21 or more rounds, has a threaded barrel, or has a folding stock, in any of the listed localities, you need to be in full compliance with the requirement to have a CHP (and have that CHP in your possession on your person). If you are stopped and found to be in violation you will be prosecuted to the very fullest extent.

As for any firearm that has a magazine capable of holding no more than 20 rounds, has no threads on the barrel, and has either no stock or a solid stock, yes you may open carry in the listed localities without needing to have a CHP.

stay safe.

skidmark
 
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