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Thread: Open carry question about loaded and in vehicle.

  1. #1
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    I posted this question, in the "Open Carry Questions Thread" and didnt get any answers, only a recommendation to come to the "Virginia Thread" in hopes of a answer.

    I noticed that this thread is primarily for stories, so I apologize if this is the wrong place to post this.

    Here was my previous post.


    "Well, I am new here and I have been researching the laws and regulations regarding open carry for Virginia, before I attempt to do this for the first time.

    I did a search for this question to see if it was already asked, but didn't seem to find one so I do apologize if this has already been answered.

    The only thing I cant seem to find is whether or not it is permitted for me to have a loaded handgun in the vehicle with me in a shoulder holster or in a mounted holster, although it would be pointless to have one unloaded I just want to have all my bases covered.

    I have tested the wearing of a shoulder holster in a vehicle and it is in plain view so there's no worries on the concealed factor for that, or at least with my reasoning there isn't.


    Thank you for your help."


    Once again thanks for you help on this matter.


    *EDIT: I do not have a CHP as of yet.

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    I just replied to your other post, but I will also reply here.

    You can open carry, while loaded, in your vehicle, with no issues. One of the main reasons i got my CHP is so that i wouldnt have to worry about being in the car and weither it was "open or not".

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    Regular Member TFred's Avatar
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    Welcome to OCDO.

    There are actually quite a few threads on this subject here in the Virginia forum, the most recent of which is still rather active.

    http://opencarry.mywowbb.com/forum54/31197.html

    There is no law against openly carrying a loaded handgun in your vehicle in Virginia.

    There does tend to be a bit of discussion on whether sitting in a car with a holstered gun might constitute concealed carry - depending on the center console and seatbelt configuration, but there is no absolute answer to this question.

    I'm sure several others will chip in here as well.

    BTW, the Virginia forum is not at all just for stories. We talk about everything OC related in Virginia, and often quite a bit more. Jump right in.

    If you plan to get your CHP, now is probably a good time to do it, for the time being at least, the local heavily anti-gun newspaper, the Free Lance-Star, has suspended their long time practice of publishing monthly lists of newly granted CHPs. Since this practice is not illegal, they could resume at any time.

    TFred


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    Thanks for all the help, I never knew the Free Lance-Star was anti-gun.... good to know.

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    Well wasnt I rude. Welcome to OCDO! Enjoy the freedoms we have. If you dont own one yet, get yourself a digital audio recorder.

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    Haha thanks, speaking of digital audio recorders. I know you don't have to notify a LEO that you are recording the conversation as long as I partake in it.

    But how exactly would one go about recording a conversation without notifying them, when the device is in your pocket. I mean digging around in your pocket to start recording, could be misinterpreted.

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    I havent had to record anything yet, but I can tell you how I would do it. (in theory) If I am wearing a shirt with a pocket on it, thats where my recorder is, if not, its in my cargo pocket or front jean pocket. If I were to get pulled over, as i was doing so i would turn it on and put it in my door handle or in my gauge cluster so it could pick up everything.

    For a one-on-one encounter, it pays to pay attention, if you see a officer or manager eye balling you and you feel there might be an issue.. turn it on. I try to wear my button up shirts when i can so that i have a shirt pocket available, this makes it easy to pick up everything, and isnt visible.

    If all else fails, hold it in your hand right infront of you.

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    Well that seems like a reasonable way to do it, hopefully I don't ever have to though.

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    Regular Member TFred's Avatar
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    I should add... the FLS is a confusing entity sometimes... their editorial page editor sometimes writes neutral or even slightly in favor of 2A issues, but I think it's the news editor who is the anti. They've also got a real estate reporter who is crazy liberal and anti-gun, and sadly, they let him out of his real estate box once in a while to dribble all over other parts of the paper.

    My personal belief is that they stopped the CHP list publishing because of the noise that VCDL made this last year in the General Assembly. A bill was passed to protect the CHP information, but unfortunately it was a worthless bill since it left the courthouse records unprotected. I suspect if the pressure ever dies down (which I hope will never happen) they would start back up again.

    TFred


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    1) OC in a vehicle is treated as concealed without a permit by the cops in some localities. Even if you are not convicted, they figure that you'll have enough punishment by spending the night in jail and having to pay a lawyer that you won't do it anymore. I see this as a political, not a legal, problem.

    2) You don't have to be speaking in order for the conversation to be "your" conversation. If someone's talking "at" you instead of "with" you, you're still a participant. Besides, if the conversation takes place in a place that's open to the public, it's not a "private" conversation.

    3) You are aware, no doubt, that if the cops arrest you, your recorder will be seized and will mysteriously disappear unless it can be used as evidence against you. I've been thinking that what's needed is a security service, sort of like what ADT does for houses, that you could switch on when the cops approach, with cameras and sound recorders that can be recorded and monitored remotely. Only problem is, it would have to be run by attorneys in order to remain privileged from subpoenas.
    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.

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    Regular Member ProShooter's Avatar
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    user wrote:
    1) OC in a vehicle is treated as concealed without a permit by the cops in some localities. Even if you are not convicted, they figure that you'll have enough punishment by spending the night in jail and having to pay a lawyer that you won't do it anymore.

    Do you have someevidence to support this statement? I spent quite a number of years in LE in Virginia and I never witnessed anyone being treated that way.
    James Reynolds

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    ProShooter wrote:
    user wrote:
    1) OC in a vehicle is treated as concealed without a permit by the cops in some localities. Even if you are not convicted, they figure that you'll have enough punishment by spending the night in jail and having to pay a lawyer that you won't do it anymore.

    Do you have someevidence to support this statement? I spent quite a number of years in LE in Virginia and I never witnessed anyone being treated that way.
    I'm interested in this also. I've seen quite a few abuses but very few arrests and even these were directed at a particular person rather than an ongoing pattern.

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    ProShooter & Peter Nap are both located in or around Richmond. All my personal experience with such cases is from jurisdictions in Northern Va., though I've heard rumors that the same principle applies in some jurisdictions in the Hampton Roads area.

    My experience in trying cases in Richmond is not only that the judges are intellectually honest, but actually give effect to the presumption of innocence and the burden of proof there. I think there's been a cultural shift in some parts of the Commonwealth as a result of immigration from foreign states such as New Jersey, Delaware, New York, Illinois, and Massachussetts. Most of Virginia is still civilized.
    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.

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    CallMeSteveMay wrote:
    Thanks for all the help, I never knew the Free Lance-Star was anti-gun.... good to know.
    Well I know of one pro-gun person at the Free Lance-Star, though he doesn't write the crap they put out. Bought some gun-related items from a guy there.

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    user wrote:
    ProShooter & Peter Nap are both located in or around Richmond. All my personal experience with such cases is from jurisdictions in Northern Va., though I've heard rumors that the same principle applies in some jurisdictions in the Hampton Roads area.

    My experience in trying cases in Richmond is not only that the judges are intellectually honest, but actually give effect to the presumption of innocence and the burden of proof there. I think there's been a cultural shift in some parts of the Commonwealth as a result of immigration from foreign states such as New Jersey, Delaware, New York, Illinois, and Massachussetts. Most of Virginia is still civilized.
    Actually, I have duel citizenship and spend most of the week further south in Va. I have seen zero problems in the Piedmont area and a few in the Southwest part of the state. But I've expressed my feeling about OC being Old Hat, in rural area, before.

    I'll have to go with your experience in NOVA. I avoid it like the plague.

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    Regular Member riverrat10k's Avatar
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    peter nap wrote:
    Actually, I have duel citizenship....
    Wow, Peter. How can I get that? I got a coupla' guys that need to be called out!
    Remember Peter Nap and Skidmark. Do them proud. Be active. Be well informed. ALL rights matter.

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