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Thread: So ... What is the OC law in VA?

  1. #1
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    Hi, I'm new to the forum and OC and would like any info you can give me on this.

    I'm a former Marine, have multiple hand guns, in the process of getting my CCP here in Fairfax, VA.

    Can anyone OC in VA?

    Must you have an CCP before you can OC in VA?

    Are there areas in VA that have "issues" with OC that I should be aware of?

    These may be stupid questions, sorry, but I have to start somewhere.

    Thanks

  2. #2
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    w1smc wrote:
    Hi, I'm new to the forum and OC and would like any info you can give me on this.

    I'm a former Marine, have multiple hand guns, in the process of getting my CCP here in Fairfax, VA.

    Can anyone OC in VA?

    Must you have an CCP before you can OC in VA?

    Are there areas in VA that have "issues" with OC that I should be aware of?

    These may be stupid questions, sorry, but I have to start somewhere.

    Thanks
    First off, I am not a lawyer. My advice is worth exactly what you paid for it. :P

    OC isn't specifically permitted by law... the laws in VA work on the premise of you can do it as long as there is no law saying you can't. As far as OC is concerned... there is NO law that states you cannot OC.

    No, you don't need a CHP to OC here.

    So to OC in VA, you merely need to be able to legally own a firearm and be age 18+ (21+ to CC). I strongly suggest you read up on VA code with regards to firearms, especially since you are getting your CHP.

    Areas of concern... Norfolk VA appears to have some difficulty understanding the legality of OC. Though in my experience (albeit limited) it appears to be on a per officer basis as I've had nothing but good interactions with Norfolk PD while OC.

    There are no stupid questions. If it's worthy of having a question asked, it's worthy of being answered.

    Welcome to the board!

  3. #3
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    There are no laws for OC. Well, there are places you can't OC by law, but those are few in number (schools for example, national/state parks (well state parks isnt' a law...)). There is no law "allowing" OC as laws stipulate what you cannot do. There is no law allowing you breathe air!

  4. #4
    Regular Member TexasNative's Avatar
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    If you want to read the firearms laws in Virginia (I wouldn't recommend doing it all at once — you'll likely go blind or insane if you try), or if you'd like to be able to find them when you need them, then here's the main page for the Chapter of Virginia law that covers much of firearms law:

    Title 18.2 - CRIMES AND OFFENSES GENERALLY

    Chapter 7 - Crimes Involving Health and Safety

    On that page, scroll down to 18.2-279. This is the first firearms-related law in this section, and they continue to 18.2-311.2. There are also some non-firearms weapons covered in there, too.

    Other bits and pieces are scattered elsewhere throughout the Virginia Code, but the bulk of the firearms-related laws are here.

    73,

    Boyd
    [Callsign redacted]

  5. #5
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    This isnt OC specific, but its a good summary of where you can't carry: http://www.vcdl.org/static/ccw.html

  6. #6
    Regular Member SouthernBoy's Avatar
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    Welcome to our site and thank you for your service to our country.

    You'll soon discover that Northern Virginia, and its surrounds, is a contradiction of sorts. While the area is loaded with those one might think hate firearms and the Second Amendment, OC'ing here is about as natural as breathing. I mean, you are pretty unlikely to encounter problems from LEO's and not much from the general public.

    Enjoy your freedom and practice it in good faith.


    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

    Si vis pacem, para bellum.

    America First!

  7. #7
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    Thanks for all the replies.

    I just returned from a gun shop over in Leesburg where I purchased an HK45C.

    Very nice I must say. I've been looking for a 45C for a few months now. Great timing on my end (I'm on vacation).

    Anyway, the guy that sold me the gun was right on with what y'all have stated here.

    Again, thanks.


  8. #8
    Campaign Veteran Dutch Uncle's Avatar
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    Welcome aboard, w1smc!

    There is only one law that references open carry, and that is Art. 1 , sec. 13 of the VA constitution which says citizens have the "right to keep and bear arms". Open carry is "bearing arms", the protected right. The other form, concealed carry, is instead a privilege, granted by the state. As another poster pointed out, the laws generally tell you what you can't do, not what you can, so the constitution is the only exception to that rule. Still, you can't find any better legal source to protect your open carry right than the highest law in the state!

    OC proudly. You are within the law sir!
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  9. #9
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    Dutch Uncle wrote:
    Welcome aboard, w1smc!



    There is only one law that references open carry, and that is Art. 1 , sec. 13 of the VA constitution which says citizens have the "right to keep and bear arms".* Open carry is "bearing arms", the protected right.* The other form, concealed carry, is instead a privilege, granted by the state.* As another poster pointed out, the laws generally tell you what you can't do, not what you can, so the constitution is the only exception to that rule.* Still, you can't find any better legal source to protect your open carry right than the highest law in the state!



    OC proudly.* You are within the law sir!




    Absolutely correct.

    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

  10. #10
    Regular Member TexasNative's Avatar
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    rkbaguy wrote:
    AFAIK, there is no place in Virginia where there is any distinction between open carry and concealed carry.
    Two exceptions come to mind: only open carry allowed in restaurants that serve alcohol, and only concealed carry allowed in state parks, although there's some argument over the legality of the state parks rule.

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