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Thread: Open Carry at Age 18

  1. #1
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    First let me say that I am not trying to start a fight about open carry rights. I open carry every day, every where that I can.

    My question about open carry at 18 is this.

    According to everything I can find in the Virginia Code, only someone 21 or older may PURCHASE a handgun here in the Commonwealth. If this is true, how can an 18 year old be permitted to open carry? Seems a contraidction to me. If some one gives someone under 21 a handgun, did they not complete a "straw purchase"?

    From http://www.vsp.state.va.us/Firearms.shtmI found these:

    What is the legal age to purchase or possess a firearm?
    A person must be at least 18 years of age to purchase a rifle or shotgun. To purchase a handgun from a licensed firearms dealer, you must be at least 21 years of age, pursuant to federal law. For statutory regulations concerning underage persons possessing firearms, refer to Virginia Code §18.2-308.7, possession or transportation of certain firearms by persons under the age of eighteen.

    What is the legal age to purchase ammunition?
    18.2-308.7. Possession or transportation of certain firearms by persons under the age of 18; penalty.

    It shall be unlawful for any person under 18 years of age to knowingly and intentionally possess or transport a handgun or assault firearm anywhere in the Commonwealth. For the purposes of this section, "handgun" means any pistol or revolver or other firearm originally designed, made and intended to fire single or multiple projectiles by means of an explosion of a combustible material from one or more barrels when held in one hand and "assault firearm" means any (i) semi-automatic centerfire rifle or pistol which 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 which will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (ii) shotgun with a magazine which will hold more than seven rounds of the longest ammunition for which it is chambered. A violation of this section shall be a Class 1 misdemeanor

    In my mind there are some contradictory laws and confusion reigns.

    I know there are a few lawyer types out there, so maybe one of you can help me understand the rules.

    Be careful out there.

    Thanks

    Paul


  2. #2
    Regular Member CRF250rider1000's Avatar
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    Private sales or someone in your family gifts it to you Ammunition is not like alcohol. I can go right into the store with someone over 21 and they can buy it for me without issue. You just have to be 21 to buy, not to posses handgun ammunition.

  3. #3
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    Redacted. Stupid question.

  4. #4
    Founder's Club Member - Moderator ed's Avatar
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    This is one of the times that Bullseye Brookie OC's. Going to and from the range.
    Virginia Code §18.2-308.7
    This section shall not apply to:

    1. Any person (i) while in his home or on his property; (ii) while in the home or on the property of his parent, grandparent, or legal guardian; or (iii) while on the property of another who has provided prior permission, and with the prior permission of his parent or legal guardian if the person has the landowner's written permission on his person while on such property;

    2. Any person who, while accompanied by an adult, is at, or going to and from, a lawful shooting range or firearms educational class, provided that the weapons are unloaded while being transported;


    Bullseye Brookie in the Basement
    [flash=320,256]http://www.youtube.com/v/61eMyUcMqq4&hl=en&fs=1[/flash]





    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
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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)

  5. #5
    Regular Member CRF250rider1000's Avatar
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    Is that in your basement? I tried out some ammo last time at the range that only uses the primer to fire it. It is pretty quiet stuff. I see you also got a scope for it since the last time I saw you

  6. #6
    Founder's Club Member - Moderator ed's Avatar
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    Regular ammo.. even the 45 can be shot there :-) Yeah.. she got a Walther red dot sight.
    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
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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)

  7. #7
    Regular Member CRF250rider1000's Avatar
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    Sheesh! How do your neighbors not hear a .45 going off in your basement? How are you trapping the bullets?

  8. #8
    Founder's Club Member - Moderator ed's Avatar
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    In that house neighbors are far away :-)
    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
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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)

  9. #9
    Campaign Veteran Dutch Uncle's Avatar
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    Dyver1,
    The important distinction to keep in mind is the difference between federal and state law. Licenced firearms daelers have a FEDERAL license that says they cannot sell pistols to anyone under 21. By STATE law in most states, including VA, any adult (over age 18) can possess a pistol or buy a pistol as long as it is a sale between two private individuals. A pistol can also be legally gifted between family members. These transactions are only illegal if the seller/giver knows or should know that the recipient is disqualified (under 18, an out of state resident, a criminal, etc.). An 18 y.o. can't buy pistol ammo, because all sales are federally regulated, but it can be given to him or her legally by someone over 21. In all other circumstances, including OC, a person is considered a legal adult at age 18, with all the rights, privileges and responsibilities anyone else has. VA law only restricts possessions of pistols by those UNDER 18.

    Bottom line: if you are a responsible 18 year old, you can carry openly anywhere it is legal!

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