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Thread: Would it be legal for a Maryland resident to open carry in Virginia?

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    Regular Member MilitaryRiflesFTW's Avatar
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    Would it be legal for a Maryland resident to open carry in Virginia?

    Would it be legal for a maryland resident to open carry in Virginia?

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    Regular Member PaulX608's Avatar
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    It is legal for any law abiding citizen not precluded from possessing a firearm in our great Commonwealth by law to do so openly. Please come join us in this wonderful expression of freedom! You may not want to go back!

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    Regular Member Uber_Olafsun's Avatar
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    Come to a free state. Well at least more free state. Come to Old Town. Just avoid Pat Troys. Plus there are two Starbucks on King street.

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    Regular Member Curmudgeon's Avatar
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    MilitaryRiflesFTW -

    You may want to look through this thread where a similar topic was discussed.

    http://forum.opencarry.org/forums/sh...14#post1348414

    I'm interested in hearing thoughts on the matter. If this has ever been decided to a certainty, I am not aware of it.
    .
    While many claim to support the right to keep and bear arms, precious few support the practice.

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    Founder's Club Member - Moderator ed's Avatar
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    Quote Originally Posted by MilitaryRiflesFTW View Post
    Anyone know what the law is for a minor to open carry in VA? I saw on nova armament facebook page of a young girl OC'ing with her P22.
    Might have been my daughter Brooke. (Bullseye Brookie). She OC's loaded on private property with owners permission and she OC's unloaded to and from the house to the range.
    Carry On.

    Ed

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    Regular Member paramedic70002's Avatar
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    State gun laws apply to "occupants" more than they do to residents.
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

    Guns Save Lives. Paramedics Save Lives. But...
    Paramedics With Guns Scare People!

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    Regular Member DontTreadOnMeVa's Avatar
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    As an Ex-Marylander, I suggest Marylanders be careful! Anyone from Maryland that spends too much time in Va enjoying rights that are denied in Maryland will find it even more heartbreaking to return home. Except for my aging father, I would have little to no reason to ever set foot back on Md soil.

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    Activist Member swinokur's Avatar
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    Boy, you said a mouthful there. I am looking for a place to live in VA Been here my whole life. Time to go.

    It is heartbreaking to disarm at the Legion Bridge every weekend

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    Regular Member t33j's Avatar
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    Quote Originally Posted by MilitaryRiflesFTW View Post
    Anyone know what the law is for a minor to open carry in VA?
    Welcome. Leave Maryland in Maryland.

    This is the only age requirement I know of: http://leg1.state.va.us/cgi-bin/legp...cod+18.2-308.7
    It applies mostly to handguns but I'm not really into OCing a longgun so I might just be ignorant.
    Last edited by t33j; 09-20-2010 at 01:55 PM.
    Sic Semper Tyrannis

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    Having been a former resident of Maryland for longer than I care to admit, I'm glad to be back in my native Virgina. The only reason I go to Maryland now, is for work (every third day) and to visit friends. The longer you're in VA, the less you'll want to go back to MD. Move to VA and enjoy true freedom!

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    Regular Member ProShooter's Avatar
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    I guess we really take things for granted here. I can't imagine leaving the house without a gun on.
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    Activist Member swinokur's Avatar
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    imagine being a subject here instead of a citizen.

    yuch

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    Regular Member ProShooter's Avatar
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    Quote Originally Posted by swinokur View Post
    imagine being a subject here instead of a citizen.

    yuch
    Come into the light Stu, come into the light! Its better here!
    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
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    Activist Member swinokur's Avatar
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    Quote Originally Posted by ProShooter View Post
    Come into the light Stu, come into the light! Its better here!
    i'm lookin'n Jim, I'm look'n.

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    Founder's Club Member - Moderator ed's Avatar
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    Quote Originally Posted by swinokur View Post
    It is heartbreaking to disarm at the Legion Bridge every weekend
    How do you do THAT?
    Carry On.

    Ed

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    Activist Member swinokur's Avatar
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    I pull to the shoulder of 495 just before the bridge and unholster my firearm, drop the magazine, eject the round, lock the weapon in a small locking safe to comply with FOPA and then go into Marylandistan

    I do the reverse going into VA I do try to wait for a lull in traffic when I unholster at the back of my Jeep so no one views what I'm doing. The last thing the VSP and I need is AWAG call.

    It works and I've had no issues so far. If someone has a better idea, I'm open to all suggestions.
    Last edited by swinokur; 09-22-2010 at 12:19 AM.

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    NOT a good idea...

    Quote Originally Posted by swinokur View Post
    I pull to the shoulder of 495 just before the bridge and unholster my firearm, drop the magazine, eject the round, lock the weapon in a small locking safe to comply with FOPA and then go into Marylandistan

    I do the reverse going into VA I do try to wait for a lull in traffic when I unholster at the back of my Jeep so no one views what I'm doing. The last thing the VSP and I need is AWAG call.

    It works and I've had no issues so far. If someone has a better idea, I'm open to all suggestions.
    Unfortunately, the FOPA is written for travelers passing THROUGH unfriendly jurisdictions. Since your destination is actually in MD, you are subject to MD law, and the FOPA will not protect you. Please re-read 18 USC 926a. I recommend that you do not do this any more...

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by johnfenter View Post
    Unfortunately, the FOPA is written for travelers passing THROUGH unfriendly jurisdictions. Since your destination is actually in MD, you are subject to MD law, and the FOPA will not protect you. Please re-read 18 USC 926a. I recommend that you do not do this any more...
    Or at least don't tell anyone about it.

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    Activist Member swinokur's Avatar
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    Quote Originally Posted by johnfenter View Post
    Unfortunately, the FOPA is written for travelers passing THROUGH unfriendly jurisdictions. Since your destination is actually in MD, you are subject to MD law, and the FOPA will not protect you. Please re-read 18 USC 926a. I recommend that you do not do this any more...
    That is not the case in MD. The MD AG issued an opinion that if either your origin and destination are NOT in MD, then MD 4-203 does NOT apply and MD recognizes FOPA regs in those situations.So if you either start in MD or arrive in MD from another state, FOPA DOES apply. File too large to attach so text below

    Dear Mr. _______:

    Maryland law generally prohibits the wearing, carrying or transporting of handgun, loaded or unloaded, concealed or openly: 1) on or about one's person; and, 2) in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State.
    Individuals who have been issued a permit to carry a handgun by the Maryland Department of State Police (handgun carry permits issued by other states are not effective) are exempted from this law.

    The following activities are also exempted: 1) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster; 2) the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources-sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster; 3) the moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster; 4) the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases; 5) the wearing, carrying, or transporting of a handgun by a supervisory employee: in the course of employment; within the confines of the business establishment in which the supervisory employee is employed; and (iii) when so authorized by the owner or manager of the business establishment.

    The federal law you cite (18 USC 926A) applies to the interstate transportation of a firearm (handgun or long arm) and supersedes Maryland law. It would have no bearing on the transportation of a firearm where the origin and destination are both within Maryland. It would however allow for the transportation of a firearm through the State of Maryland regardless of the Maryland law cited above.
    For purposes of the exceptions to Maryland law, a handgun may be transported within the passenger compartment of the vehicle provided it is unloaded and in an enclosed case or holster. For purposes of the federal law exception, the firearm must be unloaded and not readily accessible from the passenger compartment.

    Mark H. Bowen Assistant Attorney General

    (end of quotation from Mr. Bowen)ei
    Last edited by swinokur; 09-22-2010 at 09:36 AM.

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    Quote Originally Posted by swinokur View Post
    The MD AG issued an opinion ....
    Interesting that a Federalist viewpoint has the Fed. law "superseding" State law.

    Want to bet that the onus of proof of origin/destination would be on the arrestee? How you gonna prove that you didn't stop some place in-State where you picked up the evil dealer of death? Better not transport in MD unless you have a certified non-tamperable recording GPS! And even then better not stop too long at a traffic light.

    Did anyone notice that this opinion states that non-supervisory staff cannot carry at a business, even with the owner's approval unless they have a "permit to carry?" How many armed security guards does this put in jeopardy?

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    Activist Member swinokur's Avatar
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    MD law allows you to transport to and from an organized shoot event or a range. It does not restrict you to MD so even if you are pulled over either going or coming in MD you are OK under MD 4-203. I guess you might be asked to prove that you were going to or coming from an event or organized shoot ,however the AG opinion should cover that as well. I think I'm prepared to deal with either situation. I keep a copy of FOPA, and the AG opinions in my gun safe in my Jeep. Hopefully that will suffice

    The AG has also issued an opinion that loaded magazines are ok in MD as long as they are not inserted in the firearm. I keep a copy of that in my vehicle gun safe as well.
    Last edited by swinokur; 09-22-2010 at 02:40 PM.

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