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Washington State Resident visiting family in Fairfax(Northern VA)

quentusrex

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I lived in VA for two years, but I wasn't packing back then. What do I need to know while I'm in Northern VA? I've read the laws, but please assume I've never been to VA and that I haven't read any of the laws yet.

I really don't want to accidentally get a weapons violation while across the country. I also want to get some of my friends in NoVA who carry to OC with me. :) I'd like to be educated before I pass on any wisdom.

I have been OC'ing in Seattle, WA every day for over a year now. So I do have experience in dealing with the "Oh Cr@p, he's got a gun" reactions.

Thanks ahead of time.
 

ed

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quentusrex wrote:
Also, is there an OC lunch or dinner between June 10th-23rd? Any where near Fairfax? My wife and I would love to attend an OC outing in VA.
Not yet.. but your coming to VA is a good excuse to have one! (Funny thing is I am going to Washington State in July and have the same questions!) Ed
 

Glock27Bill

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First, I saw your article in the current VCDL alert, Ed. Nice piece of writing. (Ed wrote the article about making certain you do not have your weapon concealed AT ANY TIME when in a restaurant that seves alcohol...keep your coat offupon entering and until you exit). Kudos to your sharp-eyed smart kid, too. Gotta love an informed 10 year old.

Regarding open carrying in Virginia:

If any person carry any gun, pistol, bowie knife, dagger or other dangerous weapon, without good and sufficient reason [highly subjective], to a place of worship while a meeting for religious purposes is being held at such place he shall be guilty of a Class 4 misdemeanor.

It shall be unlawful for any person to possess in or transport into any courthouse in this Commonwealth any (i) gun or other weapon designed or intended to propel a missile or projectile of any kind, (ii) frame, receiver, muffler, silencer, missile, projectile or ammunition designed for use with a dangerous weapon and (iii) any other dangerous weapon, including explosives, stun weapons as defined in § 18.2-308.1, and those weapons specified in subsection A of § 18.2-308. Any such weapon shall be subject to seizure by a law-enforcement officer. A violation of this section is punishable as a Class 1 misdemeanor. [This includes ammo].

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 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.

§ 18.2-308.1. Possession of firearm, stun weapon, or other weapon on school property prohibited. [I won't post the entire statute]. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.1

Also, some malls, restaurants and otherestablishments may be posted prohibiting carrying or may request you to leave...it's a matter of their private property rights.

Enjoy your stay, if an outing is organized, I'll see you there.
 

Tess

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quentusrex wrote:
Also, is there an OC lunch or dinner between June 10th-23rd? Any where near Fairfax? My wife and I would love to attend an OC outing in VA.
We'll make one. Pick a date (weekends work best, it seems) and let me know where in the area you'll be. I or someone will find an appropriate place.
 

quentusrex

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Thanks, Glock27Bill. All that info will really help. Washington requires all Courthouses to provide lockboxes to store your firearm, it sounds like for Virginia it isn't legal to 'enter' any courthouse with a firearm. Also, Washington allows for pickup/dropoff as long as you stay in your car, is this different for VA?

June 15th or 16th could work really well for a lunch/dinner event. I'll see if I can bring my VA friends who carry.

On a side note, what's the logic/history behind the 'place of worship' law? That seems like it might be reactionary to something that happened.

Does Fair Oaks Mall have anything posted?

Also, what is the 'transportation' requirements for D.C.? I'll be flying into BWI, and driving through D.C. Will the standard 'unloaded pistol in one locked case, and ammo in a separate locked case, both in the trunk' procedure be fine?
 

ed

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quentusrex wrote:
Also, what is the 'transportation' requirements for D.C.? I'll be flying into BWI, and driving through D.C. Will the standard 'unloaded pistol in one locked case, and ammo in a separate locked case, both in the trunk' procedure be fine?
Nope.. don't go into DC at all. heck.. MD is not much better!
 

ed

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Tess wrote:
quentusrex wrote:
Also, is there an OC lunch or dinner between June 10th-23rd? Any where near Fairfax? My wife and I would love to attend an OC outing in VA.
We'll make one. Pick a date (weekends work best, it seems) and let me know where in the area you'll be. I or someone will find an appropriate place.

OK.. How bout we all put Saturday, JUNE 14th, 6PMon the Calendar for a Dinner in the the Fairfax/Vienna area.. With the place to be decided at the date gets closer?
 

roscoe13

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ed wrote:
quentusrex wrote:
Also, what is the 'transportation' requirements for D.C.? I'll be flying into BWI, and driving through D.C. Will the standard 'unloaded pistol in one locked case, and ammo in a separate locked case, both in the trunk' procedure be fine?
Nope.. don't go into DC at all. heck.. MD is not much better!
Legally, it's fine. But they may arrest you anyway, DC is run by a bunch of gun grabbing law disregarding morons.

Why would you drive through DC to get from BWI to northern VA anyway? Take the beltway..
 

ed

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roscoe13 wrote:
Legally, it's fine. But they may arrest you anyway, DC is run by a bunch of gun grabbing law disregarding morons.

Why would you drive through DC to get from BWI to northern VA anyway? Take the beltway..


I stand corrected roscoe13. Thanks.

More...

http://www.washingtonpost.com/wp-dyn/content/article/2007/04/01/AR2007040100725.html

Transporting Firearms
[size=-1]Monday, April 2, 2007; A14
[/size]


Lt. Jon Shelton, head of the D.C. police department's gun unit, is wrong when he says that Maryland and Virginia gun owners (and U.S. senators) may not transport a firearm through the District ["Congress, District Differ on Gun Possession Laws," Metro, March 29]. They should go around the District, he said.

Maybe they should, but they are not legally required to. The Firearm Owners Protection Act of 1986 (FOPA) provides that any person who may lawfully transport or receive a firearm is "entitled to transport a firearm from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such a firearm," provided that the gun is unloaded and not readily accessible from the passenger compartment. The act also provides that when a state or local law prohibits a lawful gun owner from transporting a firearm through a jurisdiction, the federal law takes precedence.

In 1995, the D.C. Court of Appeals held in Bieder v. United States that the trial court should have instructed the jury that the FOPA provided the defendant, who was traveling from Virginia to New York when he was arrested in the District, with an affirmative defense to the charges of carrying a pistol without a license and possession of unregistered ammunition. "Without instruction on the federal statute," the court said, "the jury was left to believe that appellant engaged in unlawful conduct by entering the District with a gun in his trunk."

Interestingly, the defendant, Robert L. Bieder, was arrested by a U.S. Capitol Police officer, under similar circumstances as Sen. James Webb's aide Phillip Thompson was.

G. JACK KING JR.



Alexandria
 

deepdiver

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It shouldn't be an affirmative defense but rather an absolute defense and therefore the arrest should be deemed illegal and false on it's face and the arresting officer duly disciplined and the jurisdiction duly sued.
 

Tess

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Saturday the 14th it is.

As it gets closer, we probably should make a separate thread for it; these tend to get ignored by people who aren't following the topic changes.
 
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