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Thread: Rules and Regulations to Open Carry

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    I am 19, and I just found out recently that I am permitted to own, operate, and OC a handgun in The Commonwealth of Virginia. Since I am very new to the "Community" I was hoping that somebody could help me with the regulations of the "state" of the weapon required to open carry (i.e. "Locked and loaded" etc..).



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    The firearm has to be able to be seen by someone from at least three sides (ie your front, back, and left or right side). As for the cocked and locked question, that is a personal preference, but I would carry ready to use. IE condition 1 for a 1911, or round in the chamber and decocked for any DA/SA auto, and round in the chamber for Glocks. As to the "where" of carrying, I'll let someone else field that one in depth. Basically, no schools or federal property.

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    State of the weapon?

    I guess you mean something like this?

    http://www.sightm1911.com/Care/1911_conditions.htm

    Basically, if you can....

    Actually, this is also being handled here.

    http://opencarry.mywowbb.com/forum54/16683.html



    It should be noted that the law quoted in the OP of this thread is pre-empted, as are all local laws more restrictive than state law, which maintains no provisions on conditions of carry when OC'd.

    Extra credit: http://vaguninfo.com/

    More homework: http://www.opencarry.org/va.html

    Welcome!
    Why open carry? Because 1911 > 911.

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    SoldierMedic wrote:
    The firearm has to be able to be seen by someone from at least three sides (ie your front, back, and left or right side). As for the cocked and locked question, that is a personal preference, but I would carry ready to use. IE condition 1 for a 1911, or round in the chamber and decocked for any DA/SA auto, and round in the chamber for Glocks. As to the "where" of carrying, I'll let someone else field that one in depth. Basically, no schools or federal property.
    I have not seen the 3 side rule before, can you please tell me where you got the info from?

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    SoldierMedic wrote:
    The firearm has to be able to be seen by someone from at least three sides (ie your front, back, and left or right side). As for the cocked and locked question, that is a personal preference, but I would carry ready to use. IE condition 1 for a 1911, or round in the chamber and decocked for any DA/SA auto, and round in the chamber for Glocks. As to the "where" of carrying, I'll let someone else field that one in depth. Basically, no schools or federal property.
    Where are you getting this from?

    So if you are sitting in a booth with your strong side to the wall you are concealing?

    If you are a passenger in a car with your strong side to the door you are concealing?

    I think not!

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    And please, PLEASE do yourself a BIG favor and invest $50 into a good digital voice recorder. It will pay off a THOUSAND FOLD if something goes wrong.

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    Regular Member ProShooter's Avatar
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    The 3 sided "rule" is a bunch of nonsense. It certainly doesnt exist in the Code of Virginia!


    James Reynolds

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    ProShooter wrote:
    The 3 sided "rule" is a bunch of nonsense. It certainly doesnt exist in the Code of Virginia!
    They're more like... guidelines....


    Why open carry? Because 1911 > 911.

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    AbNo wrote:
    They're more like... guidelines....

    I'm not even going to venture a guess as to what the heck that is!
    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
    Concealed Firearms Instructor for Virginia, Florida & Utah permits.
    NRA Certified Chief Range Safety Officer
    Sabre Red Pepper Spray Instructor
    Glock Certified Armorer
    Instructor Bio - http://proactiveshooters.com/about-us/

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    SoldierMedic wrote:
    The firearm has to be able to be seen by someone from at least three sides (ie your front, back, and left or right side). As for the cocked and locked question, that is a personal preference, but I would carry ready to use. IE condition 1 for a 1911, or round in the chamber and decocked for any DA/SA auto, and round in the chamber for Glocks.

    Please cite the law that says the three side rule. Doesn't exist in Virginia. (though I've heard that law before in another state,but not VA)Open carry is simplythe opposite of"hidden from common observation" and carrying in a manner that "does not disguise the true nature of the firearm" in other words people need to be able to look at it and know it's a gun. Virginia Code Section 18.2-308

    I agree with the other part of your post. If you're carrying, carry it ready to go.

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    greetings Lhslax11, it looks like it got off topic as the the three side rule...

    Anyway I am the same age as you, and have been very successful in my open carrying. I have no incidents, and have gone so far as to educate the businesses in my area, and am recruiting well rounded individuals in my are to consider protecting themselves by open carrying.

    First Off, What weapon do you plan to carry?
    How do you dress generally?

    And Be confident and courteous. Do Not be afraid to answer others questions!!! this is the best way to make people comfortable. Be sure also to learn your rights, and the legality to a razors edge to defend yourself legally if an incident occurs.

    I know this all hits fast but its a big deal anyway

    I personally would suggest a belt retention holster. Shoulder holsters tend to show a detective sort of look. A weapon on your side in my opinion is less noticeable to the sheep in most areas you will be carrying.

    PM me or message me or whatever if you want personal imput from someone your age. Id be happy to talk to you.

    Wehrmacht

    *Martial Arts is now my secondary weapon*

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    when OCing do not touch, grab, remove or even aknowledge the gun. Do not let anyone else touch it. It's best to just completely pretend like it is not there. I like making sure that people can see my hands. Just do your best to be friendly, confident and appear completely non threatening and everything will be cool. You will build courage the more you do it.

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    AbNo wrote:
    It should be noted that the law quoted in the OP of this thread is pre-empted, as are all local laws more restrictive than state law, which maintains no provisions on conditions of carry when OC'd.

    Extra credit: http://vaguninfo.com/

    More homework: http://www.opencarry.org/va.html

    Welcome!
    Not meaning to hijack away from the OP's question, but regarding local laws on OC, I have heard/recalled reading about some folks in Manassas (just an example) that got a LEO "incident" because their pistol(s) carried more than 10 rounds.

    Is the number of rounds something to also consider?

    Pursuant to that answer, does a Concealed permit allow you to Openly carry a weapon that, for example, has a greater than 10 round capacity in an area that has a local law against it?

    Either didn't see or missed anything on the subject from VSP's site so any input would be welcomed.

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    Krato88 wrote:
    AbNo wrote:
    It should be noted that the law quoted in the OP of this thread is pre-empted, as are all local laws more restrictive than state law, which maintains no provisions on conditions of carry when OC'd.

    Extra credit: http://vaguninfo.com/

    More homework: http://www.opencarry.org/va.html

    Welcome!
    Not meaning to hijack away from the OP's question, but regarding local laws on OC, I have heard/recalled reading about some folks in Manassas (just an example) that got a LEO "incident" because their pistol(s) carried more than 10 rounds.

    Is the number of rounds something to also consider?

    Pursuant to that answer, does a Concealed permit allow you to Openly carry a weapon that, for example, has a greater than 10 round capacity in an area that has a local law against it?

    Either didn't see or missed anything on the subject from VSP's site so any input would be welcomed.
    To my knowledge you are allowed to have a maximum of 20 rounds in amagazine no matter if you open carry or carry concealed.

    Hope this helps.

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    Sleepless wrote:
    Krato88 wrote:
    AbNo wrote:
    It should be noted that the law quoted in the OP of this thread is pre-empted, as are all local laws more restrictive than state law, which maintains no provisions on conditions of carry when OC'd.

    Extra credit: http://vaguninfo.com/

    More homework: http://www.opencarry.org/va.html

    Welcome!
    Not meaning to hijack away from the OP's question, but regarding local laws on OC, I have heard/recalled reading about some folks in Manassas (just an example) that got a LEO "incident" because their pistol(s) carried more than 10 rounds.

    Is the number of rounds something to also consider?

    Pursuant to that answer, does a Concealed permit allow you to Openly carry a weapon that, for example, has a greater than 10 round capacity in an area that has a local law against it?

    Either didn't see or missed anything on the subject from VSP's site so any input would be welcomed.
    To my knowledge you are allowed to have a maximum of 20 rounds in amagazine no matter if you open carry or carry concealed.

    Hope this helps.

    "a maximum of 20 centerfire rounds in amagazine"

    If you have a CHP, you are exempt from this anyway


    § 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.

    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 (i) in any city with a population of 160,000 or more or (ii) in any county having an urban county executive form of government or any county or city surrounded thereby or adjacent thereto or in any county having a county manager form of government.

    The provisions of this section shall not apply to law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid concealed handgun permit or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.
    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
    Concealed Firearms Instructor for Virginia, Florida & Utah permits.
    NRA Certified Chief Range Safety Officer
    Sabre Red Pepper Spray Instructor
    Glock Certified Armorer
    Instructor Bio - http://proactiveshooters.com/about-us/

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    ProShooter wrote:
    Sleepless wrote:
    Krato88 wrote:
    AbNo wrote:
    It should be noted that the law quoted in the OP of this thread is pre-empted, as are all local laws more restrictive than state law, which maintains no provisions on conditions of carry when OC'd.

    Extra credit: http://vaguninfo.com/

    More homework: http://www.opencarry.org/va.html

    Welcome!
    Not meaning to hijack away from the OP's question, but regarding local laws on OC, I have heard/recalled reading about some folks in Manassas (just an example) that got a LEO "incident" because their pistol(s) carried more than 10 rounds.

    Is the number of rounds something to also consider?

    Pursuant to that answer, does a Concealed permit allow you to Openly carry a weapon that, for example, has a greater than 10 round capacity in an area that has a local law against it?

    Either didn't see or missed anything on the subject from VSP's site so any input would be welcomed.
    To my knowledge you are allowed to have a maximum of 20 rounds in amagazine no matter if you open carry or carry concealed.

    Hope this helps.

    "a maximum of 20 centerfire rounds in amagazine"

    If you have a CHP, you are exempt from this anyway


    § 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.

    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 (i) in any city with a population of 160,000 or more or (ii) in any county having an urban county executive form of government or any county or city surrounded thereby or adjacent thereto or in any county having a county manager form of government.

    The provisions of this section shall not apply to law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid concealed handgun permit or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.
    Pro Shooter, Your version of 18.2 287.4 has been updated.The legislatureactually named the cities and counties with the 20 shot limit without the CHP. Here is the updated version:

    § 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.

    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 provisions of this section shall not apply to law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid concealed handgun permit or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

    The exemptions set forth in § 18.2-308 shall apply, mutatis mutandis, to the provisions of this section.

    Link: http://leg1.state.va.us/cgi-bin/legp...cod+18.2-287.4
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

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  17. #17
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    Thundar wrote:
    Pro Shooter, Your version of 18.2 287.4 has been updated.The legislatureactually named the cities and counties with the 20 shot limit without the CHP.
    odd, I have that same updated copy as you do. I guess in my haste to post I grabbed an older saved version from my computer. You are correct.

    I think I need to clean up my files a bit!
    James Reynolds

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    Concealed Firearms Instructor for Virginia, Florida & Utah permits.
    NRA Certified Chief Range Safety Officer
    Sabre Red Pepper Spray Instructor
    Glock Certified Armorer
    Instructor Bio - http://proactiveshooters.com/about-us/

  18. #18
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    If you have a CHP, you are exempt from this anyway
    The OP is only 19, so won't have a CHP, sadly.

    Carry in a comfortable, ready state ... safely. Depending on what you carry, cocked-and-locked may be the right way. When you practice, practice from the way you carry. so if SHTF, you can use the same motions you've been practicing.

    Do practice.

    And welcome to the OC community!
    Laws alone can not secure freedom of expression; in order that every man present his views without penalty there must be spirit of tolerance in the entire population. -Albert Einstein

  19. #19
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    ProShooter wrote:
    AbNo wrote:
    They're more like... guidelines....

    I'm not even going to venture a guess as to what the heck that is!

    It's Davy Jones


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