imported post
Sheriff wrote:
In the absence of a specific law banning OC, 18.2-308most certainly does expressly allow OC. Simply because it says you can't carry a gun "hidden from common observation". If open carry was a crime, 18.2-308 would not need to say "hidden from common observation".
There is a specific code section that bans weapons on school property....
§ 18.2-308.1 -- Possession of firearm, stun weapon, or other weapon on school property prohibited.
What?
I beg to differ.... my example was provided and OBVIOUSLY... I know there is a code regarding schools and this is WHY I mentioned it. Try not to be so bull headed.
The state police have a web site where they advise you can open carry but do not identify a statute that covers it. They only advise "except where prohibited by statute." They then go into concealed carry and reference that code section in regards to concealed carry only.
The problem with your use of the code it is only talks about what is
prohibited from concealed carry. Once again... it does not mean you CAN possess the listed itemsif carried openly. You are trying to read into a code prohibiting an act andhave it give you permission if you do the opposite. :lol:
This code simply was NOT intended to "grant permission" to do something just because it is the opposite of being prohibited. The only thing you are supposed to get from thatcode is that you cannot conceal the items listed. Period!
Once again I applaud you on your effort. But you are wrong. I am really surprised that you would read a code like this after 30 years of service. You should know better. :lol:
Prime example.... You cannot carry a switchblade concealed, right?? Then this means you CAN carry one openly under your logic.
But.... you are prohibited from even having one in your possession. Same goes for black jacks, brass knuckles, nunchucks, and throwing stars.So it is impossible to read that you have permission. If that was the case.. it would say so and add that exception clause so the reader would look for more prohibiting codes like the one below.
[line]
§ 18.2-311. Prohibiting the selling or
having in possession blackjacks, etc.
If any person
sells or barters, or exhibits for sale or for barter, or gives or furnishes, or causes to be sold, bartered, given or furnished, or
has in his possession, or
under his control, with the intent of selling, bartering, giving or furnishing,
any
blackjack,
brass or metal knucks, 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,
switchblade knife,
ballistic knife, or like weapons,
such person shall be guilty of a Class 4 misdemeanor.
The having in one's possession of any such weapon shall be prima facie evidence,
except in the case of a conservator of the peace, of his intent to sell, barter, give or furnish the same.
