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Thread: Question On Rifle Open Carry

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    Regular Member Jero1987's Avatar
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    I was wondering if anyone knows of any Virginia code that I can cite when I open carry my AK-47/AR15 or any rifle/shotgun for that matter?
    Also when car carrying your rifle do you need the action open? I know it has to be unloaded but I am unsure of any code about leaving the action open.

    Anything would be greatly appreciated.

    Thanks,
    James

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    No requirement for action to be open. There's no requirement for it to be unloaded either.
    To carry any center-fire rifle w/ a magazine of 20 or more, you have to have a CHP in SOME counties/cities in the Commonwealth:
    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
    This is the only law anyone has found that would affect Rifle OC:
    http://leg1.state.va.us/cgi-bin/legp...cod+18.2-287.4

    Transporting a LOADED long-gun in a vehicle MAY be regulated locally, with limitations:
    http://leg1.state.va.us/cgi-bin/legp...cod+15.2-915.2

    There have been limitations related to hunting that most wouldn't regard as applying to a guy w/ an AK/AR. Look for them using the search function on the site I linked here.

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    Regular Member MSC 45ACP's Avatar
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    ufcfanvt wrote:
    No requirement for action to be open. There's no requirement for it to be unloaded either.
    To carry any center-fire rifle w/ a magazine of 20 or more, you have to have a CHP in SOME counties/cities in the Commonwealth:
    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
    This is the only law anyone has found that would affect Rifle OC:
    http://leg1.state.va.us/cgi-bin/legp...cod+18.2-287.4

    Transporting a LOADED long-gun in a vehicle MAY be regulated locally, with limitations:
    http://leg1.state.va.us/cgi-bin/legp...cod+15.2-915.2

    There have been limitations related to hunting that most wouldn't regard as applying to a guy w/ an AK/AR. Look for them using the search function on the site I linked here.
    Sorry to dig up this old horse, but the post in bold red above in inaccurate. Very CLOSE to the law, but ONE ROUND makes a difference... Read the link and it indicates a magazine that holds MORE than 20 rounds unless you have a CHP. If you have 20 round magazines, you CAN CARRY OPENLY in those places as well as anywhere else. I bought some 20-round mags for my AK for that reason, even though I havea CHP. I want my kids to be able to carry the rifle in the event we have another big storm where power goes out and opportunists (read criminals) take advantage of the situation and commit mischief and mayhem.

    If you have a magazine that holds MORE than 20, then you need a CHP in those localities...

    ONE round makes a difference!
    "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')

    Remington 1911 R1 (Back to Basics)
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    "Those who hammer their guns into plows will plow for those who do not." ~Thomas Jefferson
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    § 15.2-915.2. Regulation of transportation of a loaded rifle or shotgun. The governing body of any county or city may by ordinance make it unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road, or highway within such locality. Any violation of such ordinance shall be punishable by a fine of not more than $100. Conservation police officers, sheriffs and all other law-enforcement officers shall enforce the provisions of this section. No ordinance adopted pursuant to this section shall be enforceable unless the governing body adopting such ordinance so notifies the Director of the Department of Game and Inland Fisheries by registered mail prior to May 1 of the year in which such ordinance is to take effect. The provisions of this section shall not apply to duly authorized law-enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business. (1976, c. 506, § 18.2-287.1; 1977, c. 377; 1989, c. 50; 2004, c. 462.)
    So if I'm a delivery driver, and there is no policy against carrying at work, then this would mean I could carry a loaded shotgun/rifle while working, right? I read some article talking about the top 10 most dangerous jobs, and delivery was #9 or something. Also, if I have a CHP, could it be covered up? I don't really transport my long guns that much, so not too schooled on these codes.



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    mercutio545 wrote:
    § 15.2-915.2. Regulation of transportation of a loaded rifle or shotgun. The governing body of any county or city may by ordinance make it unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road, or highway within such locality. Any violation of such ordinance shall be punishable by a fine of not more than $100. Conservation police officers, sheriffs and all other law-enforcement officers shall enforce the provisions of this section. No ordinance adopted pursuant to this section shall be enforceable unless the governing body adopting such ordinance so notifies the Director of the Department of Game and Inland Fisheries by registered mail prior to May 1 of the year in which such ordinance is to take effect. The provisions of this section shall not apply to duly authorized law-enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business. (1976, c. 506, § 18.2-287.1; 1977, c. 377; 1989, c. 50; 2004, c. 462.)
    So if I'm a delivery driver, and there is no policy against carrying at work, then this would mean I could carry a loaded shotgun/rifle while working, right? I read some article talking about the top 10 most dangerous jobs, and delivery was #9 or something. Also, if I have a CHP, could it be covered up? I don't really transport my long guns that much, so not too schooled on these codes.

    Since its a concealed handgun permit, you may not conceal a rifle or shotgun. If I were a delivery driver I would just carry a concealed handgun.

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    mpg9999 wrote:
    mercutio545 wrote:
    § 15.2-915.2. Regulation of transportation of a loaded rifle or shotgun. The governing body of any county or city may by ordinance make it unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road, or highway within such locality. Any violation of such ordinance shall be punishable by a fine of not more than $100. Conservation police officers, sheriffs and all other law-enforcement officers shall enforce the provisions of this section. No ordinance adopted pursuant to this section shall be enforceable unless the governing body adopting such ordinance so notifies the Director of the Department of Game and Inland Fisheries by registered mail prior to May 1 of the year in which such ordinance is to take effect. The provisions of this section shall not apply to duly authorized law-enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business. (1976, c. 506, § 18.2-287.1; 1977, c. 377; 1989, c. 50; 2004, c. 462.)
    So if I'm a delivery driver, and there is no policy against carrying at work, then this would mean I could carry a loaded shotgun/rifle while working, right? I read some article talking about the top 10 most dangerous jobs, and delivery was #9 or something. Also, if I have a CHP, could it be covered up? I don't really transport my long guns that much, so not too schooled on these codes.

    Since its a concealed handgun permit, you may not conceal a rifle or shotgun. If I were a delivery driver I would just carry a concealed handgun.
    I do carry a concealed handgun, but I was just wondering about that. It's always good to have more gun than less gun in a gunfight! I sometimes deliver to some pretty unsavory neighborhoods. That is common sense though, concealed HANDGUN permit. I knew that.:P


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    Regular Member Thundar's Avatar
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    Be careful with this law.

    Richmond has defined loaded as any ammunitionattached tothe rifle or shotgun, so even if the pipe is empty they wcan charge you for having it loaded. I would give you the cite, but Richmond is not on Municode.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

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    Thundar wrote:
    Richmond has defined loaded as any ammunitionattached tothe rifle or shotgun, so even if the pipe is empty they can charge you for having it loaded. I would give you the cite, but Richmond is not on Municode.
    How does the state define it? I find not cite in RVA code.

    http://municipalcodes.lexisnexis.com/codes/richmondva/

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    mercutio545 wrote:
    § 15.2-915.2. Regulation of transportation of a loaded rifle or shotgun. The governing body of any county or city may by ordinance make it unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road, or highway within such locality. Any violation of such ordinance shall be punishable by a fine of not more than $100. Conservation police officers, sheriffs and all other law-enforcement officers shall enforce the provisions of this section. No ordinance adopted pursuant to this section shall be enforceable unless the governing body adopting such ordinance so notifies the Director of the Department of Game and Inland Fisheries by registered mail prior to May 1 of the year in which such ordinance is to take effect. The provisions of this section shall not apply to duly authorized law-enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business. (1976, c. 506, § 18.2-287.1; 1977, c. 377; 1989, c. 50; 2004, c. 462.)

    Referring to the same bolded words, when it says business, does that refer to a job, or "business" in the sense of "you have no business being here"? Why would they distinguish between employment and business if they meant the same thing in this law?

    Just wondering if I can have a shotgun "cruiser ready" in my pickup sometimes in Fairfax Co.

    Thanks in advance.

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    Regular Member MSC 45ACP's Avatar
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    After the last big storm when the power was ot for more than a few hours, we went for a family walk around the neighborhood. Everyone in the neighborhood was helping each other out and most were armed because of rumors of opportunistic scumbags visiting. Even my two youngest kids got to carry...


    "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')

    Remington 1911 R1 (Back to Basics)
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    "Those who hammer their guns into plows will plow for those who do not." ~Thomas Jefferson
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    State Researcher HankT's Avatar
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    So, the kids walked around the neighborhood carrying those guns? Were the guns loaded at the time they were walking around?



    MSC 45ACP wrote:
    After the last big storm when the power was ot for more than a few hours, we went for a family walk around the neighborhood. Everyone in the neighborhood was helping each other out and most were armed because of rumors of opportunistic scumbags visiting. Even my two youngest kids got to carry...


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    Regular Member Jero1987's Avatar
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    HankT wrote:
    So, the kids walked around the neighborhood carrying those guns? Were the guns loaded at the time they were walking around?
    I sure hope so.

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    Regular Member MSC 45ACP's Avatar
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    With a very strict ROE and adult supervision, they were carried IAW with the Family Home Security Plan.



    Semper Paratus
    "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')

    Remington 1911 R1 (Back to Basics)
    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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    State Researcher HankT's Avatar
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    MSC 45ACP wrote:
    With a very strict ROE and adult supervision, they were carried IAW with the Family Home Security Plan.



    Semper Paratus
    How long was the electirical outage?

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    Accomplished Advocate peter nap's Avatar
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    HankT wrote:
    MSC 45ACP wrote:
    With a very strict ROE and adult supervision, they were carried IAW with the Family Home Security Plan.



    Semper Paratus
    How long was the electirical outage?
    Behave Hank!:P

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    Regular Member MSC 45ACP's Avatar
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    A while...
    "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')

    Remington 1911 R1 (Back to Basics)
    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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    "IAW with" sort of like an ATM machine or maybe more like the PIN number that you put in the ATM machine? :P

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    nova wrote:
    nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business. (1976, c. 506, § 18.2-287.1; 1977, c. 377; 1989, c. 50; 2004, c. 462.)

    Referring to the same bolded words, when it says business, does that refer to a job, or "business" in the sense of "you have no business being here"? Why would they distinguish between employment and business if they meant the same thing in this law?

    Just wondering if I can have a shotgun "cruiser ready" in my pickup sometimes in Fairfax Co.

    Thanks in advance.
    to answer part of my own question, I looked through the Fairfax County weapons ordinances and did not find anything prohibiting rifle/shotgun (loaded or unloaded) carry in a vehicle (obviously it would have to be 'open carry' visible due to the CCW law).

    http://www.municode.com/resources/ga...051&sid=46

    Now, to go find out about other surrounding counties.

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    nova wrote:
    to answer part of my own question, I looked through the Fairfax County weapons ordinances and did not find anything prohibiting rifle/shotgun (loaded or unloaded) carry in a vehicle (obviously it would have to be 'open carry' visible due to the CCW law).

    http://www.municode.com/resources/ga...d=10051&sid=46

    Now, to go find out about other surrounding counties.
    When you find it, please post... Your public awaits!

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    ufcfanvt wrote:
    nova wrote:
    to answer part of my own question, I looked through the Fairfax County weapons ordinances and did not find anything prohibiting rifle/shotgun (loaded or unloaded) carry in a vehicle (obviously it would have to be 'open carry' visible due to the CCW law).

    http://www.municode.com/resources/ga...051&sid=46

    Now, to go find out about other surrounding counties.
    When you find it, please post... Your public awaits!
    There isn't anty need to go through that. If it isn.t here, it isn't enforceable:
    http://www.dgif.virginia.gov/hunting...ordinances.pdf

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    peter nap wrote:
    ufcfanvt wrote:
    nova wrote:
    to answer part of my own question, I looked through the Fairfax County weapons ordinances and did not find anything prohibiting rifle/shotgun (loaded or unloaded) carry in a vehicle (obviously it would have to be 'open carry' visible due to the CCW law).

    http://www.municode.com/resources/ga...051&sid=46

    Now, to go find out about other surrounding counties.
    When you find it, please post... Your public awaits!
    There isn't anty need to go through that. If it isn.t here, it isn't enforceable:
    http://www.dgif.virginia.gov/hunting...ordinances.pdf
    thank you so much!

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    Thanks for the site, but there are definitely problems w/ that list.
    First, 68 is listed and easily the most draconian, but isn't attached to any county.
    Second, I caught a discharge in FFX Co charge a few years ago for shooting WAY out in the woods (yes, such a place does exist). I thought I was OK, because I'd consulted this list and saw that Fairfax didn't have a "no discharge" law like #55.
    Fairfax County has a class 3 law that is similar to the one in 57, but isn't listed.

    Stay safe and keep your lawyer's number on speed-dial ;-)

  23. #23
    Accomplished Advocate peter nap's Avatar
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    ufcfanvt wrote:
    Thanks for the site, but there are definitely problems w/ that list.
    First, 68 is listed and easily the most draconian, but isn't attached to any county.
    Second, I caught a discharge in FFX Co charge a few years ago for shooting WAY out in the woods (yes, such a place does exist). I thought I was OK, because I'd consulted this list and saw that Fairfax didn't have a "no discharge" law like #55.
    Fairfax County has a class 3 law that is similar to the one in 57, but isn't listed.

    Stay safe and keep your lawyer's number on speed-dial ;-)
    If there is no locality attached, it's just a placeholder.
    Discharges don't count. It's only carry. Anything other than transport on that list is non applicable to the code section.

    § 15.2-915.2. Regulation of transportation of a loaded rifle or shotgun.
    The governing body of any county or city may by ordinance make it unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road, or highway within such locality. Any violation of such ordinance shall be punishable by a fine of not more than $100. Conservation police officers, sheriffs and all other law-enforcement officers shall enforce the provisions of this section. No ordinance adopted pursuant to this section shall be enforceable unless the governing body adopting such ordinance so notifies the Director of the Department of Game and Inland Fisheries by registered mail prior to May 1 of the year in which such ordinance is to take effect.
    The provisions of this section shall not apply to duly authorized law-enforcement officers or military personnel in the performance of their lawful duties, nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business.
    (1976, c. 506, § 18.2-287.1; 1977, c. 377; 1989, c. 50; 2004, c. 462.)


  24. #24
    Accomplished Advocate peter nap's Avatar
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    Now if your a dog hunter or other such person....

    § 15.2-1209.1. Counties may regulate carrying of loaded firearms on public highways.
    The governing body of any county is hereby empowered to adopt ordinances making it unlawful for any person to carry or have in his possession, for the purpose of hunting, while on any part of a public highway within such county a loaded firearm when such person is not authorized to hunt on the private property on both sides of the highway along which he is standing or walking; and to provide a penalty for violation of such ordinance not to exceed a fine of $100. The provisions of this section shall not apply to persons carrying loaded firearms in moving vehicles or for purposes other than hunting, or to persons acting at the time in defense of persons or property.
    (Code 1950, § 18.1-272; 1975, cc. 14, 15, § 18.2-287; 2004, c. 462; 2007, c. 203.)

    And the famous assault weapon law but that requires High Cap magazine to make it illegal and even then, only in certain places....

    so not hunting on the road, no high Cap mags and not on the list...It's legal.

    Anyone have anything else.

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    Accomplished Advocate peter nap's Avatar
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    If you really want to cover your base. FOIA DGIF for the most current list of local ordinances submitted to them.

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