Where's the Law Regarding Open Carry?

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user wrote:

Jon34511: Your analysis iscorrect.

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Thanks

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Crap, I've been following OCDO for about 4 months, and just applied for my CCW; havent yet OCed. Glad I saw this post, I have same USP Tact. Guess its going to stay inside, and have the 1911 out. But correct me if I'm wrong, once I get the CCW, I can carry a threaded barrel correct?

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A concealed handgun permit has nothing to do with threaded barrels. A threaded barrel is just fine, all the time, until you put a silencer on it. Then you'd better have your NFA stamp paid up.

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Hawkflyer wrote:

Jim Thorpe wrote:

I have a question regarding the exact difference between OC and CC. I am waiting for my CC license. I have a CC inside-the-pant holster. While I am waiting for my license, would it be considered valid/legal OC if I tuck my shirt inside my pant so that the firearm is clearly visible on my belt?

The barrel would still be inside my pants, but the firearm is clearly visible from the trigger to the grip on my belt.

I just want to make sure that I am not violating a law and being open to accusations of performing some sort of hybrid-CC!

Thanks.

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Unfortunately, it will largely be up to the LEO that stops you, the opinion of the local prosecutor and the judge that tries your case, guided by actual case law.

For most places it is very likely that you would have no problem with carry as you describe, but you COULD have a problem anywhere.

It all hangs on the question of "common observation", and weather it appears to be a firearm or resembles some other common object.

Regards

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Some years ago, a friend related a case to me in Virginia where an LEO arrested a citizen for carrying a concealed firearm without a permit. When the case went to court, the officer was asked how he determined that the citizen was carrying a concealed weapon. The officer stated that he saw the holster extending below the man's jacket. He was then asked if the holster was closed or open at the bottom - was a gun barrel protruding from the bottom of the holster, to which he replied that it was not.

The case was dismissed and the officer was admonished for making an such an arrest where the weapon itself was not visible and identifiable.

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user wrote:

A concealed handgun permit has nothing to do with threaded barrels. A threaded barrel is just fine, all the time, until you put a silencer on it.

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Not entirely accurate... See: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-287.4

§ 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 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.
The provisions of this section shall not apply to law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid concealed handgun permit or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

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user wrote:

A concealed handgun permit has nothing to do with threaded barrels. A threaded barrel is just fine, all the time, until you put a silencer on it. Then you'd better have your NFA stamp paid up.

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Except in 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. § 18.2-287.4.

Yata hey

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roscoe13 wrote:

user wrote:

A concealed handgun permit has nothing to do with threaded barrels. A threaded barrel is just fine, all the time, until you put a silencer on it.

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Not entirely accurate... See: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-287.4

§ 18.2-287.4. ...

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Quite right - I seem to forget about that statute, since I don't live in one of the enumerated jurisdictions.