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open carry in VA

SEABEE-94

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Apr 12, 2009
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45
Location
Chesapeake, Virginia, USA
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Hello to all I recently joined here and I have a question. even though I do not possess a concealed carry permit am I still within my rights to open carry? Thanks
 

SEABEE-94

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Chesapeake, Virginia, USA
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Sorry to bother you but Like I have kinda stated alittle new to this. I read the VA code from a post here and it states it is unlawful to carry a loaded pistol in public places can you help on this
 

Citizen

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Nov 15, 2006
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18,269
Location
Fairfax Co., VA
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SEABEE-94 wrote:
Sorry to bother you but Like I have kinda stated alittle new to this. I read the VA code from a post here and it states it is unlawful to carry a loaded pistol in public places can you help on this
Anybody got a link to all the basics like VCDL's handout card?

Welcome to OCDO!!!
 

SEABEE-94

Regular Member
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Apr 12, 2009
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Location
Chesapeake, Virginia, USA
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New here and to open carrying, I read a post here that contained the VA code for OC and it states it is unlawful to do so alittle help with this would be appreceiated
 

SEABEE-94

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Chesapeake, Virginia, USA
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in relation to nothing the code states it is unlawful to open carry a loaded pistol I have a beretta .40 with a blackhawk holster just want to be sure I am ok out and about OC'ing thanks for your help, I do not posses a concealed carry permit don't know if it pertains to this
 

longwatch

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I believe the code section you are referring to applies to certain 'assault firearms' and only in certain localities.

Anyhow if you are OCing a centerfire pistol, that isn't equipped with a magazine of more than 20 rounds, or equipped to accept a suppressor, you can carry it most everywhere not otherwise off limits (school grounds, courthouses, state and national parks, federal facilities, etc).
 

wehrmachtXD40_COLT45

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Sep 30, 2008
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, , USA
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Actually just to go further on what Longwatch was saying on magazine capacity. here you go. Quoted from Jason Roggers off of forum
http://opencarry.mywowbb.com/forum54/24188.html

§ 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. (emphasis added)

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 prohibition on mag cap is limited to the places listed in blue bold bold.Note that the firearm cannont be equiped with the mag. One could carry a spare mag with as many rounds as one likes.


Dana
 

ProShooter

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Mar 23, 2008
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www.ProactiveShooters.com, Richmond, Va., , USA
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You really need to read that statute carefully to understand it. It doesnt not prohibit you from carrying a loaded handgun. It prohibits you from carrying a gun that has qualities A or B or C or D. As long has the gun doesnt have that, you're good.
 

nova

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Aug 19, 2007
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US
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ProShooter wrote:
You really need to read that statute carefully to understand it. It doesnt not prohibit you from carrying a loaded handgun. It prohibits you from carrying a gun that has qualities A or B or C or D. As long has the gun doesnt have that, you're good.
To make it simple, you can carry any handgun as long as it has a mag w/ capacity under 20rds (most handguns fit the bill) in the gun while carrying, as long as it doesn't have a threaded barrel or other suppressor attachment point, folding stock, or shotgun w/ more than 7 shot capacity.

As stated most handguns do not have those "evil" features (even ones banned by the '94 evil gun ban)
 

Xeni

Regular Member
Joined
Sep 12, 2007
Messages
243
Location
Dumfries, Virginia, USA
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Can you link the URL that says OC is 'illegal' in Virginia?

It's flat out wrong but its good to always cite a source when discussing one.
 

mercutio545

Regular Member
Joined
Sep 2, 2006
Messages
469
Location
VA
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SEABEE-94 wrote:
Sorry I misread where it stated "unlawful with a mag cap of 20 rounds or more" kinda new to OC'ing thanks for your help:)
Remember to note that CHP holders are exempt from the 20 round limit.
 

tag

Regular Member
Joined
Nov 5, 2008
Messages
164
Location
Alexandria, Virginia, USA
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I'm assuming you meant to reply to one of your other two threads you have on the first page. There's no need to hit "New Topic" when you want to reply, just click "reply."

Anyways, welcome to OCDO :)

Edit: Ignore my post. It appears the threads were merged.
 

ChinChin

Regular Member
Joined
May 17, 2007
Messages
683
Location
Loudoun County, Virginia, USA
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You seem to be looking for a criminal code which states OC is legal in the Commonwealth of Virginia. Our system isn't set up to spell out what is LEGAL; only what is ILLEGAL.

General rule of thumb is unless you find a law in the criminal codes which states "It shall be unlawful for. . ." you're good to go.
 

Marco

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Jul 29, 2007
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3,905
Location
Greene County
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: snip
mag w/ capacity under 20rds in the gun while carrying

as long as it doesn't have a threaded barrel or other suppressor attachment point, folding stock, or shotgun w/ more than 7 shot capacity.
The statue states a capacity exceeding 20 in the magazine.

The statue says nothing about threaded barrel, it states designed by manufacturer to except a silencer (which is incorrect they are suppressors).

The statue on the 7 shot capacity limit on shotguns clearly states with the longest ammo designed to be chambered.
 
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