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Thread: Moving to virginia soon. what's the laws.

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    Moving to virginia soon. what's the laws.

    my wife is active duty military and we are moving to dahgren area. what are the oc and cc laws in virginia?

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    Well, let me be the first to welcome you to Virginia then! Hopefully you're coming here from a more restrictive state...and find the new found freedoms as wonderful as I did, coming from Illinois.

    In a nutshell, OC is legal unless otherwise prohibited by law...mainly private property where posted, courthouses, and K-12 school property. We have preemption in VA, so localities cannot make up their own laws regarding firearms. CC is the same with the exception of K-12 school property...you can carry, if you have a CHP, as long as you remain in your vehicle. Do some reading on this forum and it will all become pretty clear.

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    Founder's Club Member - Moderator ed's Avatar
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    Quote Originally Posted by tronson View Post
    my wife is active duty military and we are moving to dahgren area. what are the oc and cc laws in virginia?
    Welcome to VA. Sign up for the VCDL alerts at VCDL.ORG and that will keep you informed as will this web site. The Alerts are free and when you see what a great org the VCDL is, you can join for only $25 per year.

    Ed

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    Regular Member VAopencarry's Avatar
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    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

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    Regular Member Colt 1911's Avatar
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    http://leg1.state.va.us/cgi-bin/legp...0+cod+15.2-915

    15.2-915. Control of firearms; applicability to authorities and local governmental agencies.

    A. No locality shall adopt or enforce any ordinance, resolution or motion, as permitted by 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.

    Nothing in this section shall prohibit a locality from adopting workplace rules relating to terms and conditions of employment of the workforce. Nothing in this section shall prohibit a law-enforcement officer, as defined in 9.1-101 from acting within the scope of his duties.

    The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail or juvenile detention facility.

    B. Any local ordinance, resolution or motion adopted prior to the effective date of this act governing the purchase, possession, transfer, ownership, carrying or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid.

    C. In addition to any other relief provided, the court may award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in an action challenging (i) an ordinance, resolution, or motion as being in conflict with this section or (ii) an administrative action taken in bad faith as being in conflict with this section.

    (1987, c. 629, 15.1-29.15; 1988, c. 392; 1997, cc. 550, 587; 2002, c. 484; 2003, c. 943; 2004, cc. 837, 923; 2009, cc. 735, 772.)



    I had to talk to, state police, sheriff, police, NO ONE HAD A PROPER ANSWER! talked to lawyer said yes state overrides this, even talked to VCDL

    Really carry a tape recorder

    I am not a lawyer
    Last edited by Colt 1911; 07-22-2010 at 04:38 PM.

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    Campaign Veteran skidmark's Avatar
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    Another welcome to the Old Dominion.

    The folks who have been around for a while (including me) sometimes get a bit peckish ay being asked over and over again to give a full and complete presentation of the handgun and other firearm laws. Don't mind us, it's just that we've been asked so many times we sort of guessed everybody had it down pat by now.

    If you have a specific question - like "Can I open carry in church?" or "Is it true that even folks locked up in jail can carry because of the preemption law?" then fire away. If you are looking for general info the resources/web sites cited ought to cover just about everything you might be looking for.

    If you and/or your wife have a state permission slip to carry concealed from where you are coming from, check the State Police web site to see if Virginia honors it. Your wife should be OK for the duration of her assignment to Virginia, but if you are not military you need to get right with the powers that be within 60 days as you will be considered a Virginia resident at the end of that time - drivers license, auto registration if it's not already in the wife's name, voter registration, income tax and all that sort of stuff which may include your concealed carry permission slip. (It depends on how both Virginia deals with a resident permit from another state vs. you being a Virginia resident and how the issuing state deals with you now being a Virginia resident.)

    Most importantly, do not just throw away your permit from some other place, as it can be used as your qualifying credential for a Virginin CHP. (see Section G.9 of http://leg1.state.va.us/cgi-bin/legp...0+cod+18.2-308 )

    stay safe.

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    Regular Member TFred's Avatar
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    Welcome to Virginia.

    There are a few regular or semi-regular contributors here from the Fredericksburg / King George area.

    Just to state the obvious, of course, NSWC itself is a Navy Base, so all the Navy rules will apply.

    TFred

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    Regular Member t33j's Avatar
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    Quote Originally Posted by skidmark View Post
    but if you are not military you need to get right with the powers that be within 60 days as you will be considered a Virginia resident at the end of that time
    I don't doubt you Skid but I'm curious about where that number is specified. Got a cite?
    Sic Semper Tyrannis

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    Regular Member ODA 226's Avatar
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    Welcome to Virginia and please remember that lasers are bad and the search engine is your friend!

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    Quote Originally Posted by t33j View Post
    I don't doubt you Skid but I'm curious about where that number is specified. Got a cite?
    New Residents

    Within 60 days of moving here, you must obtain a Virginia driver's license. However, if you hold a commercial driver's license (CDL), you must obtain a Virginia CDL within 30 days.


    http://www.dmv.state.va.us/webdoc/ci...ligibility.asp

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    Regular Member TFred's Avatar
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    Quote Originally Posted by skidmark View Post
    Your wife should be OK for the duration of her assignment to Virginia, but if you are not military you need to get right with the powers that be within 60 days...
    They really don't include the spouses of active duty in the exemption from moving all your paperwork? That seems unfortunate.

    TFred

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    Regular Member t33j's Avatar
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    Quote Originally Posted by nova View Post
    New Residents

    Within 60 days of moving here, you must obtain a Virginia driver's license. However, if you hold a commercial driver's license (CDL), you must obtain a Virginia CDL within 30 days.


    http://www.dmv.state.va.us/webdoc/ci...ligibility.asp
    And if I don't want to drive, have no competency or am disabled?? This sounds fishy. I guess I'll check the VAC for DMV regs later tonight or tomorrow.
    Last edited by t33j; 07-22-2010 at 06:13 PM.
    Sic Semper Tyrannis

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by t33j View Post
    And if I don't want to drive, have no competency or am disabled?? This sounds fishy. I guess I'll check the VAC for DMV regs later tonight or tomorrow.
    I don't think he does have to.
    If he had a Utah permit for instance, he wouldn't need to get a Va Permit at all. As long as Va recognizes his state, I think he's OK. But then again...I'm not a permit expert.

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    You may want to drop by the JAG office when you get here. The Military Spouse Relief Act 2009 changed several things as it pertains to spouses who move to another state solely to accompany a military spouse on orders. Spouses now have many of the protections afforded the military member.

    Gary

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    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by 1228 View Post
    You may want to drop by the JAG office when you get here. The Military Spouse Relief Act 2009 changed several things as it pertains to spouses who move to another state solely to accompany a military spouse on orders. Spouses now have many of the protections afforded the military member.

    Gary
    My bad. Please disregard all my comments above, which were made in ignorance of The Military Spouse Residency Relief Act http://frwebgate.access.gpo.gov/cgi-...475enr.txt.pdf . Seems that law does allow the accompanying spouse to remain a legal resident of the "home" state for the duration of the time accompanying the military member.

    Be sure to print out and carry a copy of the law - it's short and sweet. It may not prevent you getting a citation for not having Virginia tags/DL but it ought to get the charge(s) dismissed when you discuss the situation with the Commonwealth Attorney before your scheduled court date. ,skidmark says while crossing fingers.>

    stay safe.

    On a side note - apparently Congress can, if it really wants to, pass a good law.

  17. #17
    Regular Member t33j's Avatar
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    Quote Originally Posted by t33j View Post
    I guess I'll check the VAC for DMV regs later tonight or tomorrow.
    Didn't find anything
    Sic Semper Tyrannis

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    Regular Member t33j's Avatar
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    http://leg1.state.va.us/cgi-bin/legp...0+cod+46.2-308

    Applies only to those from out of state. For some reason I thought it was said that EVERYONE must get an ID.
    Sic Semper Tyrannis

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    Regular Member MSC 45ACP's Avatar
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    Quote Originally Posted by ODA 226 View Post
    Welcome to Virginia and please remember that lasers are bad and the search engine is your friend!
    Cut me a BREAK already, Craig! You KNOW I'm old and nearly blind. That Crimson Trace on my Kimber may just save my bacon some day!!!
    "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)

  20. #20
    Regular Member MSC 45ACP's Avatar
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    Welcome

    tronson:

    Welcome to Virginia! As long as the AD member's name is on the registration of the vehicle, you can keep it registered in your home state. The AD member does not have to get a VA DL, either. Your Spousal Unit does (unless the law has changed since I retired in 2005).

    Dahlgren is an awesome place. Too bad you missed the days of their shooting the 16" battleship guns down the Potomac River. THAT was an awesome sight! They still shoot other cool guns, though.

    You can read details about it on the rest of the OCDO site, but I'll give it to you short & sweet: Maryland owns the Potomac River all the way to the low tide line on the VIRGINIA side. That includes the gambling casino in Colonial Beach (near Dahlgren). Don't even THINK about carrying a firearm in the People's Republic of Maryland. You will go to the pokey... for a long time. Rivers and other tributaries in Virginia are NOT Maryland waters as long as you do not venture past an imaginary line drawn from headland to headland on the VA side. Just to be cautious, don't bring no stinkin guns in your boat if you're anywhere near the Potomac River... Ever. Maryland is still kinda touchy about this subject. If you wonder why, just do a search: Oyster Wars on the Chesapeake (and/or Potomac River). Maryland Water Cops have no sense of humor when it comes to firearms. Ever.

    Welcome aboard!

    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)

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