a few questions from a fellow believer

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Hey guys I'm a new gun owner who desperately wants to begin exercising his rights. So i was wondering, as i understand it is in fact legal for a person who is younger than 21 to in fact open carry right? Secondly what designates a person open carrying while driving, additionally how would you go about it as a passenger in a car. Thanks in advance.

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ckenealy1 wrote:

Hey guys I'm a new gun owner who desperately wants to begin exercising his rights. So i was wondering, as i understand it is in fact legal for a person who is younger than 21 to in fact open carry right? Secondly what designates a person open carrying while driving, additionally how would you go about it as a passenger in a car. Thanks in advance.

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welcome to OCDO. Yes, you can open carry in a car in va and you have to be at least 18 years old.. use the search function in the forums and you will find lots of good information.

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wow.. thanks for the really dismissive answer, my point was, as the police officer might not be readily able to see a gun on my waist, should I place it on the dash or something?

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ckenealy1 wrote:

wow.. thanks for the really dismissive answer, my point was, as the police officer might not be readily able to see a gun on my waist, should I place it on the dash or something?

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That wasn't really a dismissive answer, and you never made "your point" of being approached by a police officer in your original post.

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ckenealy1 wrote:

wow.. thanks for the really dismissive answer, my point was, as the police officer might not be readily able to see a gun on my waist, should I place it on the dash or something?

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I did not mean for it to be dismissive... maybe direct and to the point. also, I understand you are new, so I am sorry I came off like that. Many people ask the same question and if you search, you might find hundreds of answers. I am not an attorney so I can't advise you.. but I can say what I do and what I believe... In my opinion, carrying openly on your hip is just as open/legal as on your dash or seat and in many regards, safer. While VA does not have a law to inform, I ALWAYS inform if I get stopped. I dont shout out I HAVE A GUN!.. It goes somethign like this:

LEO: Hi license and registration please?

Me: Hi officer.. I would be happy to give you those. Before I reach for them, I wanted to tell you that I am openly carrying a firearm holstered on my right hip.

LEO (the two times I have been stopped and pretty much the same answer): OK.. thanks for telling me and go ahead and reach for your license.

Neither time I got a ticket. Once was on digital audio which I posted in this forum for a right turn on red that I did not see the sign for. I also recommend you get an audio recorder for when you Open Carry. Many of us here do.. It has saved many people.

Good luck.


Ed

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ckenealy1 wrote:

wow.. thanks for the really dismissive answer, my point was, as the police officer might not be readily able to see a gun on my waist, should I place it on the dash or something?

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No. As I understand it, it isn't your responsibility to ensure that LE be able to see your firearm at all times, just that you must not make an attempt to conceal it.


http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308
§ 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.
A. If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; (ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; (iii) any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; (iv) any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or (v) any weapon of like kind as those enumerated in this subsection, he shall be guilty of a Class 1 misdemeanor. A second violation of this section or a conviction under this section subsequent to any conviction under any substantially similar ordinance of any county, city, or town shall be punishable as a Class 6 felony, and a third or subsequent such violation shall be punishable as a Class 5 felony. For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature.



Emphasis is mine. I don't think a holstered pistol will often be mistaken for anything other than a pistol. Also, as I understand it, you don't have to inform the officer that you're carrying a pistol if you don't want to.


I am not a lawyer.

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Thank you, sorry to sound sarcastic, but I'm a college student and it comes too naturally

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Wangmuf wrote:

you don't have to inform the officer that you're carrying

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true. but I do.. in my opinion it can only help, but I am still glad it's not a law.

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ed wrote:

Wangmuf wrote:

you don't have to inform the officer that you're carrying

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true. but I do.. in my opinion it can only help, but I am still glad it's not a law.

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To each their own. I just fall back on the good old "anything you say can and and will be used AGAINST you in a court of law"...


Officer: At this point, the defendant proclaimed "I have a gun", which I took to be a threat against my life.


It could happen.

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Wangmuf wrote:

ed wrote:

Wangmuf wrote:

you don't have to inform the officer that you're carrying

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true. but I do.. in my opinion it can only help, but I am still glad it's not a law.

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To each their own. I just fall back on the good old "anything you say can and and will be used AGAINST you in a court of law"...


Officer: At this point, the defendant proclaimed "I have a gun", which I took to be a threat against my life.


It could happen.

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Sometimes what you DONT say can be used against you as well.....

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I also informed LE when I was stopped. They are very polite and thank you for letting them know. Think about it from their shoes: Making a traffic stop is nerve-wracking enough not knowing if the person you are stopping is an escaped convict or someone that just shot up a convent full of nuns.

If you have a Concealed Handgun Permit (CHP) in Virginia, the cop already knows you have a permit to carry concealed. He doesn't know for sure if you are carrying at that time, but you're in the database.

If you were driving like an idiot and you have a CHP, you are likely to be greeted by the LEO through his bullhorn and at the point of his own pistol. You will become intimately familiar with what is commonly known as a "Felony Stop".

It would behoove you to be as polite as you can and remain non-confrontational. If you feel your rights are being violated (see other threads on this subject, there are MANY), then by all means, object to whatever the LEO is doing while he does it. As mentioned above, you should have a digital recorder to record the whole episode for your listening enjoyment later, or in court if things didn't go well. A recorder that can be downloaded to your computer would be best. WallyWorld and other places sell these things.

Semper Paratus;
msc

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Both time's I've been stopped in Virginia the police already knew I had a CHP. First thing they asked me both times went something like "Do you have a weapon on you today?" And I answered "Yes sir, on my hip", then they said "licence and registration please" and that was that, no further talk of the gun. BTW, I didn't get a ticket either time.!!

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MSC 45ACP wrote:

I also informed LE when I was stopped. They are very polite and thank you for letting them know. Think about it from their shoes: Making a traffic stop is nerve-wracking enough not knowing if the person you are stopping is an escaped convict or someone that just shot up a convent full of nuns.

If you have a Concealed Handgun Permit (CHP) in Virginia, the cop already knows you have a permit to carry concealed. He doesn't know for sure if you are carrying at that time, but you're in the database.

If you were driving like an idiot and you have a CHP, you are likely to be greeted by the LEO through his bullhorn and at the point of his own pistol. You will become intimately familiar with what is commonly known as a "Felony Stop".

It would behoove you to be as polite as you can and remain non-confrontational. If you feel your rights are being violated (see other threads on this subject, there are MANY), then by all means, object to whatever the LEO is doing while he does it. As mentioned above, you should have a digital recorder to record the whole episode for your listening enjoyment later, or in court if things didn't go well. A recorder that can be downloaded to your computer would be best. WallyWorld and other places sell these things.

Semper Paratus;
msc

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Right. I also inform and I do this for several reasons.

1. There are some surprises which I don't like and I naturally assume neither does an LEO.

2. Yes, he knows I have a CHP, but he doesn't know me from Adam. And who's to say I didn't just kill my entire family and decided to take a ride?

3. Telling him up front helps to set his mind at ease about these things.

4. I know some don't like this one, but it's a fact. We are all emissaries for our cause, whether we like it or not, and the things each of us say and do reflects upon all of us. I want the police on our side.

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ckenealy1 wrote:

Thank you, sorry to sound sarcastic, but I'm a college student and it comes too naturally

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Welcome aboard, we're pleased to have you here.

Just a suggestion. He wasn't being dismissive at all, but rather trying to help you. You're in Virginia now so be a bit more genteel. You'll find it goes a long way.

What school do you attend and what's your major?

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The last time I interacted with police, I informed them I was carrying (had to respond to an alarm at my office). The officer asked me why I carried and I told him I wasn't showing up at my office to an alarm on a Saturday without something to help equal the odds in case it was something bad.

He thanked me and we did a security sweep of our office area and exterior doors.

But to the OP, as was suggested, use the search function. If you can't find the answers or have questions about answers given, please ask us. One of us will happily get you pointed in the right direction.

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SouthernBoy wrote:

2. Yes, he knows I have a CHP, but he doesn't know me from Adam. And who's to say I didn't just kill my entire family and decided to take a ride?

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Statistically speaking it's less likely that you'd do that being a CHP holder than not.

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wylde007 wrote:

SouthernBoy wrote:

2. Yes, he knows I have a CHP, but he doesn't know me from Adam. And who's to say I didn't just kill my entire family and decided to take a ride?

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Statistically speaking it's less likely that you'd do that being a CHP holder than not.

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Absolutely true. But he doesn't know that nor does he know me. I imagine the two most dangerous events an LEO has to deal with are "routine" traffic stops and calls to domestic disputes.

My two primary reasons for informing are to eliminate as much as possible, the officer's concerns and to present a positive image of those of us who chose to carry.

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I attend James Madison University and am majoring in Judicial Studies

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ckenealy1 wrote:

I attend James Madison University and am majoring in Judicial Studies

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Good for you and once again, welcome to OCDO.

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ckenealy1 wrote:

I attend James Madison University and am majoring in Judicial Studies

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Ah the old Alma Mater... Harrisonburg is apparently becoming more and more liberal these days from what I hear. I'll have to stop up there sometime and see how much of the town JMU has bought up and remodeled since my last visit. Is BW3's still open across from the quad?