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Thread: VA Open Carry

  1. #1
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    Hi, all. I'm new to the board and have a question.

    I'm from Texas and am traveling to Virginia next month on business. I currently have a CCL and carry concealed any time I'm out of the house.

    It's my understanding that in Virginia it's illegal to CC in any bar or restaurant which serves alcohol, but it's completely legal to OC. I'd like to confirm this before I head that way.

    As for OC, as Texas is not an OC state, all I have are IWB holsters. Would simply tucking my shirt behind my gun be acceptable as far as OC is concerned or should I get an OWB holster?

    Honestly, the whole idea of OC kind of freaks me out, as it's completely foreign to me. I'd never think of OC here at home as it would be a one way ticket to being a guest of the state.

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    Yep, OC in a restaurant/bar serving alcohol for on-premise consumption is required if you want to carry (and is perfectly legal). I've never had any problems with it, and it's been a while since I've heard of anyone else having a problem either.

    As for IWB holsters, as long as someone interacting with you can tell that you're armed without any sort of special notice, you're OK. People call revealing the butt of a pistol from an IWB holster "the Virginia tuck"; if enough of your pistol is showing so that someone looking at it would know it's a pistol and not a cell phone or something else, you're golden.

    And don't worry about being "freaked out"... you're going to come here and fall in love with the freedom. As a Texan myself, I certainly did!

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    I am new to the site and originally from Chicago, but just learned that VA (new home state) does not require that I register my hand gun and that I can Open Carry (OC) it in certain venues. Can anyone point me to the law that states these rights? I want a copy to carry with me just in case I am asked or challenged by LEO.

    Viper

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    Viper2030 wrote:
    I am new to the site and originally from Chicago, but just learned that VA (new home state) does not require that I register my hand gun and that I can Open Carry (OC) it in certain venues. Can anyone point me to the law that states these rights? I want a copy to carry with me just in case I am asked or challenged by LEO.

    Viper
    There isn't one. What you need to do is rid yourself of your Chicago mindset and join the rest of the free states. Simply put, OC is legal in VA because there is no law against it. The same goes for handgun registration. Virginia has no handgun registry, either for residents or nonresidents; you won't find any laws dealing with handgun registries either because they do not exist there. The preemption law passed a few years agoputs gun lawswithin the exclusive domain of the state, so you won't have to worry about being tripped up by municipalities with differing laws. With regard to OC, all adult nonfelons are treated equally in the Commonwealth of Virginia.

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    denwego wrote:
    Yep, OC in a restaurant/bar serving alcohol for on-premise consumption is required if you want to carry (and is perfectly legal). I've never had any problems with it, and it's been a while since I've heard of anyone else having a problem either.

    As for IWB holsters, as long as someone interacting with you can tell that you're armed without any sort of special notice, you're OK. People call revealing the butt of a pistol from an IWB holster "the Virginia tuck"; if enough of your pistol is showing so that someone looking at it would know it's a pistol and not a cell phone or something else, you're golden.

    And don't worry about being "freaked out"... you're going to come here and fall in love with the freedom. As a Texan myself, I certainly did!
    Does this mean you can OC in a bar AND have a drink while armed?

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    Thanks for the clarification and consider me now a member of the free states and informed. I wil monitor the form for additional information or topics I can discuss, so again thanks.

    Viper2030

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    Kythas wrote:
    denwego wrote: Does this mean you can OC in a bar AND have a drink while armed?
    Yes, you certainly can, although most of us would strongly urge you not to do it. God forbid you have to use your firearm, but if you did while drinking any alcohol at all, you can assume a lawsuit by the impactee claiming you were impaired at the time. It would fall on you to show you weren't.

    VA law simply says it is illegal to carry a firearm while "under the influence" of alcohol. The judgment call is made by a LEO based onyour behavior, regardless of your BAL.

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    Dutch Uncle wrote:
    Yes, you certainly can, although most of us would strongly urge you not to do it. God forbid you have to use your firearm, but if you did while drinking any alcohol at all, you can assume a lawsuit by the impactee claiming you were impaired at the time. It would fall on you to show you weren't.

    VA law simply says it is illegal to carry a firearm while "under the influence" of alcohol. The judgment call is made by a LEO based onyour behavior, regardless of your BAL.
    Wow. In Texas the BAC level in your blood is immaterial. It's illegal for you to carry at all if you drink. You can have a .01 BAC and you'll have your CCL suspended.

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    Dutch Uncle wrote:
    Kythas wrote:
    denwego wrote: Does this mean you can OC in a bar AND have a drink while armed?
    Yes, you certainly can, although most of us would strongly urge you not to do it.* God forbid you have to use your firearm, but if you did while drinking any alcohol at all, you can assume a lawsuit by the impactee claiming you were impaired at the time.* It would fall on you to show you weren't.

    VA law simply says it is illegal to carry a firearm while "under the influence" of alcohol.* The judgment call is made by a LEO based onyour behavior, regardless of your BAL.
    Just for reference, Virginia § 18.2-308 says:
    "J1. Any person permitted to carry a concealed handgun, who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place, shall be guilty of a Class 1 misdemeanor. "

    Is there anywhere else in the law that I missed that might deal with people under the influence who do not have a CHP?

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    Kythas wrote:
    denwego wrote:
    Yep, OC in a restaurant/bar serving alcohol for on-premise consumption is required if you want to carry (and is perfectly legal). I've never had any problems with it, and it's been a while since I've heard of anyone else having a problem either.

    As for IWB holsters, as long as someone interacting with you can tell that you're armed without any sort of special notice, you're OK. People call revealing the butt of a pistol from an IWB holster "the Virginia tuck"; if enough of your pistol is showing so that someone looking at it would know it's a pistol and not a cell phone or something else, you're golden.

    And don't worry about being "freaked out"... you're going to come here and fall in love with the freedom. As a Texan myself, I certainly did!
    Does this mean you can OC in a bar AND have a drink while armed?

    I know, it's trivial, but just for clarification's sake.. Virginia has no bars. They do not exist in this state. We do, of course, have what are generally referred to as bars, in establishments which serve food.

    Sorry if this is trivial, but it is a point of fact and tends to cause confusion from time to time.


    Now for the topic at hand. You will find that Virginia is the most lenient of the Southern states in termsof gunownership and the "right to keep and bear arms". And alongwith this is the fact thatVirginia is quitegun-friendly.. even with the influx of so many outsiders into our Old Dominion. Somehow,some of them learn a thing or two about Virginia customs and ways.

    Please enjoy your stay and your freedom to carry your piece as you deem necessary.




    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

    Si vis pacem, para bellum.

    America First!

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    SouthernBoy wrote

    I know, it's trivial, but just for clarification's sake.. Virginia has no bars. They do not exist in this state. We do, of course, have what are generally referred to as bars, in establishments which serve food.

    Sorry if this is trivial, but it is a point of fact and tends to cause confusion from time to time.


    Now for the topic at hand. You will find that Virginia is the most lenient of the Southern states in termsof gunownership and the "right to keep and bear arms". And alongwith this is the fact thatVirginia is quitegun-friendly.. even with the influx of so many outsiders into our Old Dominion. Somehow,some of them learn a thing or two about Virginia customs and ways.

    Please enjoy your stay and your freedom to carry your piece as you deem necessary.



    I'm afraid I may want to change my zip code after I visit.

    Thanks for all the great info.

  12. #12
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    Kythas wrote:
    SouthernBoy wrote

    I know, it's trivial, but just for clarification's sake.. Virginia has no bars. They do not exist in this state. We do, of course, have what are generally referred to as bars, in establishments which serve food.

    Sorry if this is trivial, but it is a point of fact and tends to cause confusion from time to time.


    Now for the topic at hand. You will find that Virginia is the most lenient of the Southern states in termsof gunownership and the "right to keep and bear arms". And alongwith this is the fact thatVirginia is quitegun-friendly.. even with the influx of so many outsiders into our Old Dominion. Somehow,some of them learn a thing or two about Virginia customs and ways.

    Please enjoy your stay and your freedom to carry your piece as you deem necessary.



    I'm afraid I may want to change my zip code after I visit.

    Thanks for all the great info.
    May I ask, what part of Virginia are you visiting?


    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

    Si vis pacem, para bellum.

    America First!

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    SouthernBoy wrote:
    May I ask, what part of Virginia are you visiting?

    Charlottesville

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    Regular Member Eeyore's Avatar
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    Handy wallet reference cards can be foundin the Virginia forum: http://opencarry.mywowbb.com/forum54/11009.html
    Guns don't kill people. Drivers on cell phones do.

  15. #15
    Regular Member SouthernBoy's Avatar
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    Kythas wrote:
    SouthernBoy wrote:
    May I ask, what part of Virginia are you visiting?

    Charlottesville
    Wow.. nice start! The new mingled with the old. Home of the University of Virginia (where my oldest daughter received her bachelor's).

    Be sure to visit Monticello if you can. Hope you enjoy your stay and come again.

    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

    Si vis pacem, para bellum.

    America First!

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    Hello. I'm a brand new guy here from North Carolina. Got a question related to OC in Virginia. In a couple of weeks, I am going to a funeral service at Arlington. I'm also gonna stop in Virginia Beach to visit an old friend from my days in the military. I'm guessing from most of the info I have seen here that OC is not frowned on in your state, but what are the regualtions about having a handgun in your vehicle? Does it have to be in the trunk/no, completely visible, or what? Thanks very much.

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    squid8286 wrote:
    Hello. I'm a brand new guy here from North Carolina. Got a question related to OC in Virginia. In a couple of weeks, I am going to a funeral service at Arlington. I'm also gonna stop in Virginia Beach to visit an old friend from my days in the military. I'm guessing from most of the info I have seen here that OC is not frowned on in your state, but what are the regualtions about having a handgun in your vehicle? Does it have to be in the trunk/no, completely visible, or what? Thanks very much.
    Here is the applicable section of VA law concerning concealed car carry for those without a permit:
    § 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.
    A. If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; (ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; (iii) any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; (iv) any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or (v) any weapon of like kind as those enumerated in this subsection, he shall be guilty of a Class 1 misdemeanor. A second violation of this section or a conviction under this section subsequent to any conviction under any substantially similar ordinance of any county, city, or town shall be punishable as a Class 6 felony, and a third or subsequent such violation shall be punishable as a Class 5 felony. For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature.

    .

    .

    .

    3. Any regularly enrolled member of a target shooting organization who is at, or going to or from, an established shooting range, provided that the weapons are unloaded and securely wrapped while being transported;

    4. Any regularly enrolled member of a weapons collecting organization who is at, or going to or from, a bona fide weapons exhibition, provided that the weapons are unloaded and securely wrapped while being transported;

    5. Any person carrying such weapons between his place of abode and a place of purchase or repair, provided the weapons are unloaded and securely wrapped while being transported;
    In other words, if you do not have a permit, you must carry openly or you must have the gun "unloaded and securely wrapped", which means it must be in a case with the ammo and magazine removed. If you are going to Arlington National Cemetery, it's federal land like a National Park so be careful, but most other places you're OK.

    Look here for more info:

    http://opencarry.mywowbb.com/forum54/11009.html


    And welcome to the forum.



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    Thanks for the reply, Tomahawk. I guess if it is not "on you" in the vehicle, it's supposed to be locked in the trunk and unloaded, correct? No laying on the dash, seat, etc.?

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    squid8286 wrote:
    Thanks for the reply, Tomahawk. I guess if it is not "on you" in the vehicle, it's supposed to be locked in the trunk and unloaded, correct? No laying on the dash, seat, etc.?
    No, laying it on the dash or seat is okay, because it is still "open". In fact, some people do this because when it's on your right hip, the officer can't see it when he walks up to your driver side window. Unconcealed means it has to be visible.

    What you do not want to do is hide it under the seat or in the glove box without a permit; that'll burn you.

    If you have no permit, and you carry it loaded, it has to be visible. If you have no permit and do not wish to carry open, you must unload it and case it for transport. If you have a VA-recognized permit, you are okay for OC or CC as you see fit.

    Hope I haven't confused you worse.

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    Thanks again. That's basically NC's law as well. Appreciate the info.

  21. #21
    Founder's Club Member - Moderator ed's Avatar
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    squid8286 wrote:
    I am going to a funeral service at Arlington.
    If it's "just: in Arlington.. you are OK. If it is THE ARLINGTON CEMETARY then you can't take your firearm because it is Federal Property.
    Carry On.

    Ed

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    For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)

  22. #22
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    I would highly recommend against it. I'm not certain if it is illegal or not, but it is definitely not a good idea.

    If you plan to drink alcohol, you should definitely not carry.

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