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Thread: A couple of questions about OC

  1. #1
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    1. How do I open carry in a car? Just leave it on the seat in the holster? I heard some have a holster mounted in the car and transfer it.

    2. Is it now legal to OC in national Parks such as George Washington? I have not seen much info on this? looking to go camping soon.

    Glad to see a group such as this to ease my mind about OC in VA as I am from MD and used to so many restrictions.

    Thanks again

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    Jeepindon wrote:
    1. How do I open carry in a car? Just leave it on the seat in the holster? I heard some have a holster mounted in the car and transfer it.

    2. Is it now legal to OC in national Parks such as George Washington? I have not seen much info on this? looking to go camping soon.

    Glad to see a group such as this to ease my mind about OC in VA as I am from MD and used to so many restrictions.

    Thanks again
    1. Most I believe simply leave it holstered on their hip. Thats what I do. I wouldn't advise anyone to leave a gun on their dash or seat unsecured, even if holstered. If you're involved in an accident, I wouldn't want my gun flying around, getting lost, or acting as a missile. Not to mention if you needed it afterwards for any reason and its no longer where you left it. It could have slid onto the floor, or gone out the window.

    2. No its still not legal, and won't be until VA changes its laws regarding state park carry.EDIT: see post by TexasNative below.

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    Regular Member ProShooter's Avatar
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    nova wrote:
    1. Most I believe simply leave it holstered on their hip.
    +1
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    Nova how does state park restrictions affect national park rules? The legislation that came down was in no way tied to state park restrictions that had been mentioned previously.

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    Accomplished Advocate peter nap's Avatar
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    jmelvin wrote:
    Nova how does state park restrictions affect national park rules? The legislation that came down was in no way tied to state park restrictions that had been mentioned previously.
    There"s a little confusion here. The OP asked about George Washington which is a National Forest...not park. Different rules.
    As soon as Hunting season starts, you can OC anything you want in the National Forest.

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    Regular Member wylde007's Avatar
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    1. Holstered. On my hip.

    2. State "Law" is under the Administrative Code. I don't know what consequences would accompany a violation.
    The quiet war has begun, with silent weapons
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    Never argue with an idiot. He will drag you down to his level and beat you with experience.

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    Regular Member TexasNative's Avatar
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    The rule change implemented by the Bush Administration would have followed the carry rules for state parks in the state where the national park is located (wow, could I make that sentence more confusing?). Anyway, for the few days when that rule was in effect, National Parks had the same rules as State Parks in the surrounding state.

    The new law which will take effect in February doesn't depend on the rules in State Parks. If it's legal in the state to carry openly or concealed, the same rules will apply in National Parks. So the result is that the lawsuit challenging the rule change helped us get even better rules.

    ~ Boyd

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    Thanks Everyone I will check with the Ranger before I go just to make sure.

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    Check with the Ranger if you must, but don't assume you will always get the correct scoop from him/her. It still isn't uncommon for us to get steered wrong by local town cops on OC laws, and they've been getting the updates for years now. Just be sure in your own mind what is or isn't legal and go with that. Carry chapter and verse with you if it makes you feel better.

    And if your OCD is even worse than your OCDO, pay to see a lawyer and have him give you a letter you can carry!

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    Regular Member MSC 45ACP's Avatar
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    Dutch Uncle wrote:
    Check with the Ranger if you must, but don't assume you will always get the correct scoop from him/her. It still isn't uncommon for us to get steered wrong by local town cops on OC laws, and they've been getting the updates for years now. Just be sure in your own mind what is or isn't legal and go with that. Carry chapter and verse with you if it makes you feel better.

    And if your OCD is even worse than your OCDO, pay to see a lawyer and have him give you a letter you can carry!
    As always, Dutch Uncle gives sage advice. He is wise beyond his years.
    "If I know that I am headed for a fight, I want something larger with more power, preferably crew-served.
    However, like most of us, as I go through my daily life, I carry something a bit more compact, with a lot less power."
    (unknown 'gun~writer')

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    SERPA retention or concealed...

    "Those who hammer their guns into plows will plow for those who do not." ~Thomas Jefferson
    (Borrowed from "The Perfect Day" by LTC Dave Grossman)

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    TexasNative wrote:
    The rule change implemented by the Bush Administration would have followed the carry rules for state parks in the state where the national park is located (wow, could I make that sentence more confusing?). Anyway, for the few days when that rule was in effect, National Parks had the same rules as State Parks in the surrounding state.

    The new law which will take effect in February doesn't depend on the rules in State Parks. If it's legal in the state to carry openly or concealed, the same rules will apply in National Parks. So the result is that the lawsuit challenging the rule change helped us get even better rules.

    ~ Boyd
    My mistake, I corrected my post above. You'd almost think they purposefully make these laws confusing...

    so the new law that will take effect is actually better because it means OC without permit will be legal?

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    wylde007 wrote:
    1. Holstered. On my hip.

    2. State "Law" is under the Administrative Code. I don't know what consequences would accompany a violation.
    Most likely a tresspass charge if you refuse to leave but I really have no idea.

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    Regular Member virginiatuck's Avatar
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    nova wrote:
    wylde007 wrote:
    1. Holstered. On my hip.

    2. State "Law" is under the Administrative Code. I don't know what consequences would accompany a violation.
    Most likely a tresspass charge if you refuse to leave but I really have no idea.
    It would be a class 3 misdemeanor. The penalty is defined in the Code of Virginia cited below:

    Title 10.1 - CONSERVATION.
    § 10.1-104. Powers of the Department.

    A. The Department shall have the following powers, which may be delegated by the Director:
    1. To employ such personnel as may be required to carry out those duties conferred by law;
    2. To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers, including but not limited to contracts with private nonprofit organizations, the United States, other state agencies and political subdivisions of the Commonwealth;
    3. To accept bequests and gifts of real and personal property as well as endowments, funds, and grants from the United States government, its agencies and instrumentalities, and any other source. To these ends, the Department shall have the power to comply with such conditions and execute such agreements as may be necessary, convenient or desirable;
    4. To prescribe rules and regulations necessary or incidental to the performance of duties or execution of powers conferred by law;
    5. To establish noncompetitively procured contracts, notwithstanding the Virginia Public Procurement Act (§ 2.2-4300 et seq.), with private nonprofit organizations that are exempt from federal taxation, to conduct revenue producing activities on Department lands provided the revenue generated after expenses is used to benefit Virginia State Parks and the Natural Area Preserve System. This subsection shall not provide for establishing contracts for capital improvements to state-owned facilities or on Department lands;
    6. To perform acts necessary or convenient to carry out the duties conferred by law; and
    7. To assess civil penalties for violations of § 10.1-200.3.
    B. Pursuant to the Administrative Process Act (§ 2.2-4000 et seq.), the Department may promulgate regulations necessary to carry out the purposes and provisions of this subtitle. A violation of any regulation shall constitute a Class 1 misdemeanor, unless a different penalty is prescribed by the Code of Virginia. However, a violation of the Virginia State Park Regulations (4 VAC 5-30-10 et seq.) shall constitute a Class 3 misdemeanor.


    And just to further clarify what a Class 3 misdemeanor means:

    § 18.2-11. Punishment for conviction of misdemeanor.
    The authorized punishments for conviction of a misdemeanor are:
    (a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.
    (b) For Class 2 misdemeanors, confinement in jail for not more than six months and a fine of not more than $1,000, either or both.
    (c) For Class 3 misdemeanors, a fine of not more than $500.
    (d) For Class 4 misdemeanors, a fine of not more than $250.
    For a misdemeanor offense prohibiting proximity to children as described in subsection A of § 18.2-370.2, the sentencing court is authorized to impose the punishment set forth in subsection B of that section in addition to any other penalty provided by law.


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    Regular Member TexasNative's Avatar
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    nova wrote:
    so the new law that will take effect is actually better because it means OC without permit will be legal?
    As I understand it, yes, OC just like you would on the road going to the National Park.

    Due to the fact that the GW Parkway actually passes through DC, plus the remote possibility that I could be forced to take an unplanned detour into DC proper, I still don't plan on carrying in that particular National Park, though.

    ~ Boyd

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    peter nap wrote:
    jmelvin wrote:
    Nova how does state park restrictions affect national park rules? The legislation that came down was in no way tied to state park restrictions that had been mentioned previously.
    There"s a little confusion here. The OP asked about George Washington which is a National Forest...not park. Different rules.
    As soon as Hunting season starts, you can OC anything you want in the National Forest.
    Though presumably you'd need a hunting license and national forest stamp.

    Coyote season officially starts Sept. 1st. I was thinking of trying to get my friend to go camping up there with our AKs. If anybody asks, we're hunting coyotes.

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