Plain sight?

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Hello all. I am trying to find out a little more about open carry in virginia. Specifically I recentlyheard someone mention that to open carry the weapon had to "break the beltline". Is this true? I know I used to (3 years ago, sold it and havent had another pistol till last week glock 21) carry my smith and wesson 645 in a holster clipped inside my cargo pocket on my pants, about the equivalent of a drop leg holster, the holster protruded a good 2 inches abou the pocket and at least a quarter of the s&w stuck out of the holster.I am a bigger guy and I suffer from dunlopt disease (for the uneducated dunlopt disease is when your gut "dunlopt" over your belt) and a belt worn holster just isnt that enjoyable for me. Thanks for any help I get.

Eddie

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Nothing in the VA code says anything about a "beltline rule"...just as long as it is obvious you are carrying a gun (and it could mean just the grip, i.e. carrying IWB with your shirt tucked behind the grip), it is open carrying and legal.



There is no prohibition for carrying in a drop-leg (type) holster.

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I didn think there was any type of law prohibiting it. I read the VA code sections, most every one relating to weapons. Only problem I had with it is a lack of a definition when it came to their idea of in view or in plain sight. Thanks SIG!

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ozzy wrote:

I didn think there was any type of law prohibiting it. I read the VA code sections, most every one relating to weapons. Only problem I had with it is a lack of a definition when it came to their idea of in view or in plain sight. Thanks SIG!

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We wouldn't havea definition.

As far as I know, OC has been legal in VA since at least 4Jul1776.

Its concealed that is prohibited, and therefore defined.

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citizen, maybe my problem was with their lack of a definition of concealed. In plain view or exposed to some could mean the weapon holstered inthe wasteband insuch a way that only the grip is showing, but to others could mean that the majority of the weapon is visible and in a certain location on the person. I realize that the law never states what you can do, just what you cant. I was just looking for clarification on the point of it having to be in a certain place. Thanks again guys for the help!!!

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ozzy wrote:

SNIP maybe my problem was with their lack of a definition of concealed.

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I'm guessing you've checked 18.2-308.A. If not, hereare the relevant parts:

A. If any person carries about his person, hidden from common observation,... 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.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308



Also, there are some court opinions. You can read them here, starting about half-way down the page.

http://www.virginia1774.org/Page1.html

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Most LEOs in Virginia and one Magistrate I have spoken to have told me the standard they use is that the weapon must be visible "from three sides" I am still not clear on whether you can have it in a belt holster whilst driving or if you must place it on the dash or the seat to be "openly" carryng whilst driving. One thing is certain, I am REAL EFFING CAREFUL not to violate any traffic laws when I am OCing whilst driving (but Im that way unarmed - as in while I am driving the hack - anyway)

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You have to be very very carfull. I have seen the def. for conceled is any possition the conceal the true identity of the gun. To most LEOs where I live (southern VA.) if the grip gets covered in any way it looks like knife. it is concealed. Or the flap on a cargo pocket covers any of the grip. And if not seen when we walk up to either side of the vehical it must be fully identifiable.