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

w1smc

New member
Joined
May 27, 2009
Messages
2
Location
Fairfax, Virginia, USA
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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
 

darthmord

Regular Member
Joined
Oct 10, 2008
Messages
998
Location
Norfolk, Virginia, USA
imported post

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!
 

hsmith

Regular Member
Joined
Mar 29, 2007
Messages
1,687
Location
Virginia USA, ,
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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!
 

TexasNative

Regular Member
Joined
Apr 11, 2007
Messages
856
Location
Austin, TX
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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]
 

SouthernBoy

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May 12, 2007
Messages
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Location
Western Prince William County, Virginia, USA
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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.
 

w1smc

New member
Joined
May 27, 2009
Messages
2
Location
Fairfax, Virginia, USA
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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.
 

Dutch Uncle

Campaign Veteran
Joined
May 11, 2006
Messages
1,715
Location
Virginia, USA
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[align=left]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!
[/align]
Code:
 

user

Accomplished Advocate
Joined
Feb 12, 2009
Messages
2,516
Location
Northern Piedmont
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Dutch Uncle wrote:
[align=left]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!

[/align]
Absolutely correct.
 

rkbaguy

Regular Member
Joined
May 27, 2009
Messages
60
Location
Virginia
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Some states make a big deal about "Concealed means CONCEALED."

Virginia is NOT one of those states.

AFAIK, there is no place in Virginia where there is any distinction between open carry and concealed carry.

The Virginia laws regulating where you may not possess a firearm speak only to possession, and not to the manner in which the firearm is carried.

As one qualification, there are some restrictions on where you can possess a LOADED firearm. These restrictions vary considerably by locality. The best reference for the issue of where you can carry a LOADED firearm is the Department of Game and Inland Fisheries web site, where it deals with the question from the perspective of hunters who may be traveling with firearms.
See http://www.dgif.virginia.gov/hunting/regulations/local-ordinances.pdf

Lastly, there is one oddball exception to consider. It is permissible in Virginia to carry a handgun while in the National Forest (but not the National Park yet!) if you have a concealed handgun permit, even when it is not open season for wild game which it would otherwise be permissible to hunt with a handgun. There seems to be some disagreement about whether a person with a concealed-carry permit may open-carry a loaded handgun when it is not hunting season.

Just remember, most game wardens take the position that if you are caught in the woods with an unconcealed, and loaded gun, they are going to assume you are hunting until it can be established that you have some other reason for being out there with a loaded gun.
 

TexasNative

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Apr 11, 2007
Messages
856
Location
Austin, TX
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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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