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Thread: OC with a threaded barrel

  1. #1
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    I've been shopping around for a 5" threaded barrel for my commander length 1911, to use with a sound suppressor (or anything else cool I can screw on). I was wondering if § 18.2-287.4 prohibits OCing this the listed areas.

    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.
    I'm pretty sure I would be exempt by virtue of my CCP, and also because the threaded barrel is an aftermarket part and not "designed by the manufacturer."

    Any thoughts to confirm this? I'm not planning on making a habit out of carrying with the 5" barrel, but I want to make sure I don't break any laws if I stop at a gas station on the way back from the range.


  2. #2
    Regular Member ProShooter's Avatar
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    IMO, you would be exempt.
    James Reynolds

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    Founder's Club Member - Moderator longwatch's Avatar
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    CHP definitely covers you. Aftermarket threaded barrel? I wouldn't bet my freedom on that distinction. A smart CA would say that the barrel manufacturer intended a silencer to be put on it and that may be enough for a jury or judge.

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    Campaign Veteran skidmark's Avatar
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    longwatch wrote:
    CHP definitely covers you. Aftermarket threaded barrel? I wouldn't bet my freedom on that distinction. A smart CA would say that the barrel manufacturer intended a silencer to be put on it and that may be enough for a jury or judge.
    Gotta go with everyone but you on this. The Code is clear that possession of a CHP exempts one from the restriction otherwise imposed.

    I could not find anything that codifies shooting someone with a suppressed firearm as a criminal act, or enhancing any other criminal act. If you know where it is in the Code please share the citation.

    Further, if he has the tax stamp for a sound suppressor it will not matter that he shot with it attached - and after 7/1/09 IIRC it will be up to the CA to prove he did not have the stamp. If charged with shooting with a suppressed firearm and he does not own a suppressor, he does not even need to defend against the charge - just force the CA to prove beyond a reasonable doubt he possessed one without a stamp. Sort of a catch-22, no?

    All that's left if there is a shooting is to prove the defense of justifiable or excusable homicide.

    stay safe.

    skidmark
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    Founder's Club Member - Moderator longwatch's Avatar
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    Dude what are you rambling on about?
    Perhaps I need to be more clear. I said he was covered to carry a pistol with a threaded barrel by his CHP. That is a VA definition 'assault firearm' which has nothing to do with possession or use of suppressors other than that some assault firearms may accept them. Also your rant has nothing to do with this code

    However if he did not have a CHP and was in a locality covered by 18.2-287.4 he may have a problem whether or not his pistol's barrel is stock or aftermarket. Personally I wouldn't bet my freedom on that distinction.

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    Regular Member Marco's Avatar
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    Aftermarket threaded barrel?
    I wouldn't bet my freedom on that distinction.
    A smart CA would say that the barrel manufacturer intended a silencer to be put on it and that may be enough for a jury or judge.
    I would.
    Manufacturer's design threaded barrels to accommodate factory/after market parts among those are compensators, flash suppressors and (sound/db) suppressors not silencers.

    Those that manufacture suppressors will tell you they aren't silencers.
    The product is designed to suppress the db's to non harmful levels not silence/eliminate it.

    [line]
    The code clearly states silcencer, my threaded barrels are for suppressors.
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    +1

    Suppressor for sound and flash reduction

    no such thing as silencer

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    Founder's Club Member - Moderator longwatch's Avatar
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    Except in common parlance and Virginia Code. Remember the code wasn't written by firearms enthusiasts. If it were, the distinction wouldn't matter because there wouldn't be laws against them. :celebrate

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    Regular Member 2a4all's Avatar
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    longwatch wrote:
    Except in common parlance and Virginia Code. Remember the code wasn't written by firearms enthusiasts. If it were, the distinction wouldn't matter because there wouldn't be laws against them. :celebrate
    I gotta go with Longwatch on this.

    Think about it. Does/did the device you attached to your firearm reduce the noise it makes/d when fired? A jury of your peers won't consist soley of gun enthusiasts, and they might not believe that you were worried about noise pollution.
    A law-abiding citizen should be able to carry his personal protection firearm anywhere that an armed criminal might go.

    Member VCDL, NRA

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