IWB holster tucked in shirt?

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I've had a question for a while and have not gotten adequate clarification. I have my VA concealed carry permit. I carry either a S+W J frame or a Sig P229.
I also open carry with a strong side holster. However, I very much like using my inside the wasteband holsters (used for CCW). IS IT LEGAL IN VA foe me to use an IWB holster WITH MY SHIRT TUCKED IN AND IT BE CONSIDERED OPEN CARRY? The stock of either weapon would be visible. I just don't want to be in a location where concealed carry is not allowed (restauraunt where alchohol is served) and be accused of concealed carry. Hope I have stated my
question clearly.

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prkeith wrote:

IS IT LEGAL IN VA foe me to use an IWB holster WITH MY SHIRT TUCKED IN AND IT BE CONSIDERED OPEN CARRY? The stock of either weapon would be visible.

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Yes; it is clear. I cannot give legal advice, but I think that it IS legal, and I act on that belief.

I have heard people question that practice, but the way that you describe is exactly how I OC, as several on this list can verify. My rationale is just what you state: the amount of the weapon that is "open" is exactly the same, whether I wear my IWB holster in or out of the waist band; therefore, the modeIS open carry, and whether the holster is worn in or out is immaterial.

Now, if you want to say that I have a concealed holster, then I might agree.

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It's called the Virginia Tuck. I carry that way 99% of the time, and believe me, there is no way you can mistake the item for a firearm so in my non-lawyer opinion, it is OC.

Also, after the VCDL meetings, at dinner, everyone simply tucks their shirt in behind their firearm to meet the OC requirement, whether they are carrying OWB or IWB.

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Thank you friends. I shall VA Tuck!

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I've had one problem in both VA Beach and Norfolk with an officer who thought an IWB holster made it a concealed weapon. After asking the office how he knew I had a gun on, each one said that someone had seen it and called 911. My reply was that it must obviously be in plain sight for that to happen, and that since the Commonwealth statute didn't even mention the word 'holster', very clearly the law didn't address concealed holsters. I'd be more than happy to test that in court, but neither officer gave me the chance. Both broke off the conversation with - and this must be something stuck in the 'officer' mentality - "you need to be more careful". Every time a cop says that it leaves me wondering what I need to be more careful of...

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Tacitus wrote:

Every time a cop says that it leaves me wondering what I need to be more careful of...

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You need to be more careful of showing that you know the law better than the cops!

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nemo wrote:

Tacitus wrote:

Every time a cop says that it leaves me wondering what I need to be more careful of...

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You need to be more careful of showing that you know the law better than the cops!

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Nice chuckle of the day.....

The trick is to educate the officer in a respectful way and have him thank you at the end of the convo for being as abreast of the law as you already know you are.........Then, you win...

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It does seem to work that way fairly often, doesn't it? Not terribly surprising, given that we care enormously about our right to carry, and it can't be but a tiny fraction of what they need to be on top of. Just a difference in priorities with a good officer who wants to serve instead of swagger...

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I have switched to mostly OCing with an IWB holster. It's much closer in than my OWB holsters, less chance of my dumb *** from banging my gun into doorways now. Not to mention I can easily switch to CC (where legal of course ) simply by untucking my shirt.

BTW I have no CHP or other permit valid in VA.

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I use a IWB holster for both CC an OC. I have not had any problems. Just got the oil changed in the wifes car, OC with a IWB. No funny looks. I belive that if it comfortable then thats the best way for you. So tuck it in an take it for a walk.