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Need a permit to open carry?

TileLayer23

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Apr 6, 2009
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Staunton, ,
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Alright, I am 23 years old and live in Virginia and just recently bought my first rifle a few months ago. Iam nowlooking to buy my first sidearm. My question is do I need to hold a concealed permit to open carry? A good friend of mine says that you dont, but I havent really seen any info about it on any of the state law sites.. Any help on this subject would be greatly appreciated!
 

RoisinDubh

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Oct 15, 2008
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Blacksburg/Richmond, VA, ,
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you are correct. so long as you are legally able to possess a firearm in virginia, you may openly carry it in most places. the reason you cannot seem to find anything on law sites etc is because open carry is not directly codified into law. in other words, there is nothing in virginia law that prohibits open carry, therefore it is legal. just be sure to respect private property rights etc...
 

Bubba Ron

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Jun 20, 2006
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Virginia Beach, , USA
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TileLayer23 wrote:
Hey thanks for the info. So as long as you can legally buy one you can openly carry right..
In Virginia you can open carry at 18 - you can't buy a handgun or handgun ammo from a dealer until you are 21. At 18 you can purchase a handgun from a private citizen or have one given to you. You have to open carry until you get your CHP at 21.
 

SouthernBoy

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While open carry is the default and concealed carry is the exception (due to requiring a permit), it is wise to get a CHP for several reasons.

In your travels while OC'ing, it is very possible your sidearm will get partially or completely covered up from time to time. The moment this occurs, you will have gone from OC to CC. A permit will save you the potential of an arrest in such situations. And then there's this.

You may not carry open or concealed with 1000 feet of a primary or secondary school unless you have a permit issue by your state. Since there are so many schools in Virginia's residential areas, you just never know when you might be within that 1000 foot radius. And while the likelyhood of you're being arrested is probably remote, it can happen. A permit will save you here.
 

leprechaun117

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Charlottesville, Virginia, USA
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SouthernBoy wrote:
While open carry is the default and concealed carry is the exception (due to requiring a permit), it is wise to get a CHP for several reasons.

In your travels while OC'ing, it is very possible your sidearm will get partially or completely covered up from time to time. The moment this occurs, you will have gone from OC to CC. A permit will save you the potential of an arrest in such situations. And then there's this.

You may not carry open or concealed with 1000 feet of a primary or secondary school unless you have a permit issue by your state. Since there are so many schools in Virginia's residential areas, you just never know when you might be within that 1000 foot radius. And while the likelyhood of you're being arrested is probably remote, it can happen. A permit will save you here.

 


IIRC, the 1000 foot rule is a federal law. Va law states you can't carry onto the actual school property while carrying (without a chp.) If you get pulled over within 1000 feet of a school, but not on school property, I seriously doubt the officer is going to cite you on a federal gun posession charge.

What federal law enforcement abilities do state/county/city cops have?
 

nova

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I live within 1000ft of a school. It's a federal law that was already declared unconstitutional once but re-passed by congress. I don't worry about it.
 

SouthernBoy

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leprechaun117 wrote:
SouthernBoy wrote:
While open carry is the default and concealed carry is the exception (due to requiring a permit), it is wise to get a CHP for several reasons.

In your travels while OC'ing, it is very possible your sidearm will get partially or completely covered up from time to time. The moment this occurs, you will have gone from OC to CC. A permit will save you the potential of an arrest in such situations. And then there's this.

You may not carry open or concealed with 1000 feet of a primary or secondary school unless you have a permit issue by your state. Since there are so many schools in Virginia's residential areas, you just never know when you might be within that 1000 foot radius. And while the likelyhood of you're being arrested is probably remote, it can happen. A permit will save you here.


IIRC, the 1000 foot rule is a federal law. Va law states you can't carry onto the actual school property while carrying (without a chp.) If you get pulled over within 1000 feet of a school, but not on school property, I seriously doubt the officer is going to cite you on a federal gun posession charge.

What federal law enforcement abilities do state/county/city cops have?
Go read U.S. Code 18,922. I would rather err on the side of caution.
 

leprechaun117

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Feb 25, 2007
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283
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Charlottesville, Virginia, USA
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SouthernBoy wrote:
leprechaun117 wrote:
SouthernBoy wrote:
While open carry is the default and concealed carry is the exception (due to requiring a permit), it is wise to get a CHP for several reasons.

In your travels while OC'ing, it is very possible your sidearm will get partially or completely covered up from time to time. The moment this occurs, you will have gone from OC to CC. A permit will save you the potential of an arrest in such situations. And then there's this.

You may not carry open or concealed with 1000 feet of a primary or secondary school unless you have a permit issue by your state. Since there are so many schools in Virginia's residential areas, you just never know when you might be within that 1000 foot radius. And while the likelyhood of you're being arrested is probably remote, it can happen. A permit will save you here.

 


IIRC, the 1000 foot rule is a federal law. Va law states you can't carry onto the actual school property while carrying (without a chp.) If you get pulled over within 1000 feet of a school, but not on school property, I seriously doubt the officer is going to cite you on a federal gun posession charge.

What federal law enforcement abilities do state/county/city cops have?
Go read U.S. Code 18,922. I would rather err on the side of caution.


I guess I can't drive around Charlottesville anymore. You can barely go 1000 feet without passing a school.

As a matter of fact... The one and only time my gun was taken from me I was about 50 feet from an elementary school. Not a word said. I'll err on the side of commen sense and not be on school property with a firearm.
 

peter nap

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Oct 16, 2007
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Valhalla
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SouthernBoy wrote:
leprechaun117 wrote:
SouthernBoy wrote:
While open carry is the default and concealed carry is the exception (due to requiring a permit), it is wise to get a CHP for several reasons.

In your travels while OC'ing, it is very possible your sidearm will get partially or completely covered up from time to time. The moment this occurs, you will have gone from OC to CC. A permit will save you the potential of an arrest in such situations. And then there's this.

You may not carry open or concealed with 1000 feet of a primary or secondary school unless you have a permit issue by your state. Since there are so many schools in Virginia's residential areas, you just never know when you might be within that 1000 foot radius. And while the likelyhood of you're being arrested is probably remote, it can happen. A permit will save you here.


IIRC, the 1000 foot rule is a federal law. Va law states you can't carry onto the actual school property while carrying (without a chp.) If you get pulled over within 1000 feet of a school, but not on school property, I seriously doubt the officer is going to cite you on a federal gun posession charge.

What federal law enforcement abilities do state/county/city cops have?
Go read U.S. Code 18,922. I would rather err on the side of caution.

Sounds like a good idea to me. Better get a permit to exercise a right. :banghead:
That kind of thinking is what may well turn Va into a permit state!
 

Grapeshot

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Valhalla
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leprechaun117 wrote:
IIRC, the 1000 foot rule is a federal law. Va law states you can't carry onto the actual school property while carrying (without a chp.) If you get pulled over within 1000 feet of a school, but not on school property, I seriously doubt the officer is going to cite you on a federal gun posession charge.

What federal law enforcement abilities do state/county/city cops have?
Not quite so -

No guns allowed on Public/Private/Parochial School Property (CHP Holders INSIDE
Vehicles are Exempt, i.e. picking up or dropping off student
)

Yata hey
 

leprechaun117

Regular Member
Joined
Feb 25, 2007
Messages
283
Location
Charlottesville, Virginia, USA
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Grapeshot wrote:
leprechaun117 wrote:
IIRC, the 1000 foot rule is a federal law. Va law states you can't carry onto the actual school property while carrying (without a chp.) If you get pulled over within 1000 feet of a school, but not on school property, I seriously doubt the officer is going to cite you on a federal gun posession charge.

What federal law enforcement abilities do state/county/city cops have?
Not quite so -

No guns allowed on Public/Private/Parochial School Property (CHP Holders INSIDE
Vehicles are Exempt, i.e. picking up or dropping off student
)

                   Yata hey


Agreed. I don't have a chp. As I said, I'll avoid their resticted areas.
 

SouthernBoy

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May 12, 2007
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Western Prince William County, Virginia, USA
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peter nap wrote:
SouthernBoy wrote:
leprechaun117 wrote:
SouthernBoy wrote:
While open carry is the default and concealed carry is the exception (due to requiring a permit), it is wise to get a CHP for several reasons.

In your travels while OC'ing, it is very possible your sidearm will get partially or completely covered up from time to time. The moment this occurs, you will have gone from OC to CC. A permit will save you the potential of an arrest in such situations. And then there's this.

You may not carry open or concealed with 1000 feet of a primary or secondary school unless you have a permit issue by your state. Since there are so many schools in Virginia's residential areas, you just never know when you might be within that 1000 foot radius. And while the likelyhood of you're being arrested is probably remote, it can happen. A permit will save you here.


IIRC, the 1000 foot rule is a federal law. Va law states you can't carry onto the actual school property while carrying (without a chp.) If you get pulled over within 1000 feet of a school, but not on school property, I seriously doubt the officer is going to cite you on a federal gun posession charge.

What federal law enforcement abilities do state/county/city cops have?
Go read U.S. Code 18,922. I would rather err on the side of caution.

Sounds like a good idea to me. Better get a permit to exercise a right. :banghead:
That kind of thinking is what may well turn Va into a permit state!

That's a bug in my craw, too. Having to ask permission to exercise a basic American right is somehow anti-American in my book.
 

TileLayer23

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Apr 6, 2009
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7
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Staunton, ,
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Well I finally purchased my sidearm, I got a Ruger SR9 and for a first hg I think It was a good choice! Along with a box of shells, it cost me abot 509 dollars, the guy was really nice and I got him to come down on the price. A few days later I got a holster for it, and Ive Open caried about 4 or 5 times, mostly when going for a walk at night, but tonight I was on my mountainbike for a ride.I needed to get a drink so I stopped at the West Beverly convienience, that used to be called Cashes. Well I noticed there were a few people in the store and a guy sitting on a bench inside, I walked in and went to get a drink and a lady walked right by and didnt seem to notice. I got to the counter and there were two women buying some beer, and I waited my turn and smiled while they were jokin around about the beer, I payed for my drink and went back outside to my mountainbike.. Nobody said a word! I havent had any "bad reactions" as of yet. A few weeks ago before I got my hg I was on my way home and it wasnt even dark yet and I heard about ten shots fired. I was on my bike and got a few more blocks when a few Staunton City Police stopped and asked me about the shots fired and I told him the direction they came from, I told him that I had my rights and that this was another good reason for me to carry one, he chuckled and pulled off. The few times I have oc I feel like it might actually deter some of these people and criminals form doing crazy things, even if it only reminds them that law abiding people do own firearms..
 

smoking357

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Dec 29, 2008
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Pierce is a Coward, ,
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RoisinDubh wrote:
the reason you cannot seem to find anything on law sites etc is because open carry is not directly codified into law. in other words, there is nothing in virginia law that prohibits open carry, therefore it is legal.
Americans seem to have forgotten that this is the way law works. Americans seem to want a list of permissions.
 
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