Results 1 to 17 of 17

Thread: Is it legal to OC at 18 years or older in va?

  1. #1
    Regular Member Colt 1911's Avatar
    Join Date
    Jul 2010
    Location
    Virginia tidewater area
    Posts
    39

    Question Is it legal to OC at 18 years or older in va?

    I been doing some searching and by the looks of it YOU CAN LEGALY OC IN VA? I know you can NOT buy a pistol untill 21 but FTF/private sales you can. Can someone give me some legal advice of the law? I am going to talk to a lawyer and local police before I do anything. I am just trying to figure out. What are the laws? I seen some posts you guys are carrying everywhere/ even banks!? I thought they where goverment and off limits? Please explain. I have read a few articles where people got arrested but released/drop charges because local PD do not know law, has anyone come in contact with police WHILE OC? and have you been asked a question? How do you explain to them the law? I would want to carry a copy of VA state coding/laws with me at all times so no hassle.

    Also can you keep the gun LOADED while OC or does it have to have the magazine out? or safty on?
    Last edited by Colt 1911; 07-17-2010 at 03:20 PM.

  2. #2
    Founder's Club Member - Moderator ed's Avatar
    Join Date
    Mar 2008
    Location
    Loudoun County - Dulles Airport, Virginia, USA
    Posts
    4,848
    Quote Originally Posted by Colt 1911 View Post
    I been doing some searching and by the looks of it YOU CAN LEGALY OC IN VA? I know you can NOT buy a pistol untill 21 but FTF/private sales you can. Can someone give me some legal advice of the law? I am going to talk to a lawyer and local police before I do anything. I am just trying to figure out. What are the laws? I seen some posts you guys are carrying everywhere/ even banks!? I thought they where goverment and off limits? Please explain. I have read a few articles where people got arrested but released/drop charges because local PD do not know law, has anyone come in contact with police WHILE OC? and have you been asked a question? How do you explain to them the law? I would want to carry a copy of VA state coding/laws with me at all times so no hassle.
    1. Welcome to OCDO
    2. yes it's legal
    3. Where are you in VA? (you might want to list your city in your OCDO profile)

    Ed

  3. #3
    Regular Member Colt 1911's Avatar
    Join Date
    Jul 2010
    Location
    Virginia tidewater area
    Posts
    39
    Really do not like to give out info on the internet but I am in the tidewater area thats all I have to say.

    What about school zones/driving past them is that legal? should I drive around them?


    Before I start carrying I will contact my local PD/city hall and a lawyer.

    Also I feel a retention holster is the safest option.
    Last edited by Colt 1911; 07-17-2010 at 03:37 PM.

  4. #4
    Regular Member TFred's Avatar
    Join Date
    Oct 2008
    Location
    Most historic town in, Virginia, USA
    Posts
    7,705
    All the answers to the questions you ask are already here in the forum. It won't even take too long to find them by just scrolling back through the thread titles.

    People can't give you legal advice unless they are a licensed attorney, so it's probably not a good idea to even ask.

    Police are also not qualified to give you legal advice. Their job is to write tickets and arrest criminals. They are not required to tell you the truth, so even if you do ask one, there is no inherent reason to trust that they are being honest with you. (I'm sure most would, but if you happen across a staunch anti-gun person, you never know.)

    Lots of info here, just take some time to read it.

    Welcome to OCDO and to Virginia, if you're new here.

    As mentioned, it's very helpful to add in your location to your profile, just Tidewater is more helpful than nothing. Mine is kind of cryptic.

    TFred

  5. #5
    Regular Member ODA 226's Avatar
    Join Date
    Feb 2008
    Location
    Etzenricht, Germany
    Posts
    1,598
    The "SEARCH" feature is your friend....

  6. #6
    Regular Member Colt 1911's Avatar
    Join Date
    Jul 2010
    Location
    Virginia tidewater area
    Posts
    39
    What if you buy a pistol from private sales how do you prove its yours? I know private sales are legal in VA.

    Search funiction never works quite right for me.. I am looking for people who are under the age 21 and over 18 who OC no one above 21.
    Last edited by Colt 1911; 07-17-2010 at 03:43 PM.

  7. #7
    Regular Member TFred's Avatar
    Join Date
    Oct 2008
    Location
    Most historic town in, Virginia, USA
    Posts
    7,705
    Quote Originally Posted by Colt 1911 View Post
    What if you buy a pistol from private sales how do you prove its yours? I know private sales are legal in VA.

    Search funiction never works quite right for me.. I am looking for people who are under the age 21 and over 18 who OC no one above 21.
    There is no gun registration in Virginia. Search functions work only as well as you know how to use them. You can't ask a search function questions, you have to try to imagine what the words will be in the answers you are looking for, then sort through all the returns for the ones that asked the right questions.

    TFred

  8. #8
    Regular Member
    Join Date
    Aug 2007
    Location
    US
    Posts
    3,156
    Quote Originally Posted by Colt 1911 View Post
    What if you buy a pistol from private sales how do you prove its yours? I know private sales are legal in VA.

    Search funiction never works quite right for me.. I am looking for people who are under the age 21 and over 18 who OC no one above 21.
    Sorry then, I was going to help you out, seeing that I OC'd every day from age 18-20, and I only turned 21 a few months ago...

    During those years I have had contact with local and state police too, while OCing.

    I'm sure I have the answers to any questions you may have, just let me know. Feel free to use this site's Private Message feature if you'd like more privacy.
    Last edited by nova; 07-17-2010 at 04:02 PM.

  9. #9
    Regular Member ProShooter's Avatar
    Join Date
    Mar 2008
    Location
    www.ProactiveShooters.com, Richmond, Va., , USA
    Posts
    4,671
    Quote Originally Posted by Colt 1911 View Post
    I been doing some searching and by the looks of it YOU CAN LEGALY OC IN VA? I know you can NOT buy a pistol untill 21 but FTF/private sales you can. Can someone give me some legal advice of the law? I am going to talk to a lawyer and local police before I do anything. I am just trying to figure out. What are the laws? I seen some posts you guys are carrying everywhere/ even banks!? I thought they where goverment and off limits? Please explain. I have read a few articles where people got arrested but released/drop charges because local PD do not know law, has anyone come in contact with police WHILE OC? and have you been asked a question? How do you explain to them the law? I would want to carry a copy of VA state coding/laws with me at all times so no hassle.

    Also can you keep the gun LOADED while OC or does it have to have the magazine out? or safty on?

    Have you considered taking a class instead of calling a lawyer or asking the police?
    http://proactiveshooters.com/general...d-carry-in-va/
    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
    Concealed Firearms Instructor for Virginia, Florida & Utah permits.
    NRA Certified Chief Range Safety Officer
    Sabre Red Pepper Spray Instructor
    Glock Certified Armorer
    Instructor Bio - http://proactiveshooters.com/about-us/

  10. #10
    Regular Member MSC 45ACP's Avatar
    Join Date
    Apr 2009
    Location
    Newport News, Virginia, USA
    Posts
    2,845

    Welcome to OCDO!

    Colt 1911:
    Welcome to OCDO!

    Feel free to PM me for "lessons learned" also. I got my oldest daughter a Glock 21SF for her 18th birthday which she proudly wore to her first OCDO Dinner (in her honor for her birthday). We try to have monthly dinners around the Tidewater area. My daughter is now 19 and we just got back from the VCDL Picnic a couple hours ago. We were late, but it was nice to see old friends and to see new faces.

    My daughter and I OC nearly everywhere. Once in a while, I feel CC is more appropriate tactically, so I go that route.

    You will find most folks on here are willing to bend over backward to help you out, but you need to be willing to help yourself. I'm retired LE / military and spent my entire adult life carrying "on the job". That being said, I have gathered a wealth of information from the fine folks on OCDO and VCDL. I have learned more about Open Carry and Virginia state laws from my Brothers and Sisters on on here than I learned during my 23 years on the job.

    "The only dumb question is the one never asked" is a true statement here. As long as you are willing to listen and learn, you'll do well. Don't be a "smart@$$" and folks here will welcome you with open arms.

    Come out to a dinner and get to know your fellow OC'ers. We don't bite (except for a few retirees, but their shots are usually up to date). We're always looking for a reason to go out for dinner, so keep an eye out on the "Hampton Roads" section and the "posted" notes section at the top for the next dinner.

    Regards;

    Mike
    "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)

  11. #11
    Founder's Club Member - Moderator ed's Avatar
    Join Date
    Mar 2008
    Location
    Loudoun County - Dulles Airport, Virginia, USA
    Posts
    4,848
    Quote Originally Posted by Colt 1911 View Post
    Before I start carrying I will contact my local PD/city hall and a lawyer.
    Good luck with that.. No offense to any lawyer or cop, but most don't know the gun laws like the folks on THIS message board.

    You should also go to VCDL.ORG and join that organization.. it is only 25.00 per year. Even if you don't join, sign up for the free e-mail alerts.

    Ed

  12. #12
    Regular Member
    Join Date
    Dec 2008
    Location
    Myrtle Beach, SC
    Posts
    970
    I'm one of those people who are over 18 but less than 21. Only 9 more months to go until that changes....

  13. #13
    Founder's Club Member
    Join Date
    Nov 2006
    Location
    Fairfax Co., VA
    Posts
    18,766
    Quote Originally Posted by Colt 1911 View Post
    Before I start carrying I will contact my local PD/city hall and a lawyer.
    We have learned the hard way to never ask police about the law. It is positively astonishing how many wrong answers and skewed answers you get. Separately, it is not their function; it is a lawyer function.

    However, the VA State Police website has a section on firearms. It quotes the statutes, and gives a link directly to the actual text of the statute where you can see it for yourself on the General Assembly's website.
    Last edited by Citizen; 07-18-2010 at 04:04 AM.

  14. #14
    Founder's Club Member
    Join Date
    Nov 2006
    Location
    Fairfax Co., VA
    Posts
    18,766
    Quote Originally Posted by Colt 1911 View Post
    What if you buy a pistol from private sales how do you prove its yours?
    In this country, the government has to prove it is not yours, rather than the other way around.

    I am guessing you are asking from the standpoint of a police encounter. Essentially, you would not have to prove ownership, no matter what the police say to the contrary. Police have repeatedly tried the tactic of needing to check the serial number to make sure it is not stolen, etc. Rubbish. Terry vs Ohio, a US Supreme Court case, authorizes police to seize guns temporarily for officer safety under certain circumstances. If the cop legitimately seizes the gun under Terry v Ohio or a later case that relies on Terry's rationale such as PA vs Mimms (car stops), the cop could check a serial number in plain view under the plain view doctrine to see if the gun was stolen. But there is nothing that permits police in VA to temporarily seize guns just to check if they actually belong to the possessor.

    And, since VA does not have gun registration, there is no way for them to check anyway. I think this might be what TFred was trying to say a few posts above. Without a registration database, the police cannot determine who the rightful owner is.

  15. #15
    Founder's Club Member - Moderator ed's Avatar
    Join Date
    Mar 2008
    Location
    Loudoun County - Dulles Airport, Virginia, USA
    Posts
    4,848
    Quote Originally Posted by Colt 1911 View Post
    What if you buy a pistol from private sales how do you prove its yours?
    Quote Originally Posted by Citizen View Post
    the police cannot determine who the rightful owner is.
    Personally, I would still request a firearms "bill-of-sale" from the private party that sold it to me.

  16. #16
    Regular Member t33j's Avatar
    Join Date
    Dec 2009
    Location
    King George, VA
    Posts
    1,384
    Quote Originally Posted by nova View Post
    Sorry then, I was going to help you out, seeing that I OC'd every day from age 19-20, and I only turned 21 a few days ago...

    During those years I have had contact with local and state police too, while OCing.

    I'm sure I have the answers to any questions you may have, just let me know. Feel free to use this site's Private Message feature if you'd like more privacy.
    Ditto.

    My bank is my favorite place to carry.

    As far as carrying around laws / other legal documents, I'd suggest a better approach would be to carry a voice recorder instead. All indications I've seen with regards to attempting to change the mind of a LEO, seem to be that it's a bad idea.
    Last edited by t33j; 07-18-2010 at 10:41 AM.
    Sic Semper Tyrannis

  17. #17
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,620
    Originally Posted by Colt 1911
    What if you buy a pistol from private sales how do you prove its yours?

    Quote Originally Posted by ed View Post
    Personally, I would still request a firearms "bill-of-sale" from the private party that sold it to me.
    You do NOT have to be the owner of a gun to carry it.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •