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Thread: stupid question - What is the age one can Open Carry in Virginia?

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    stupid question - What is the age one can Open Carry in Virginia?

    I am new to open carry. and am just getting into it. i wa wondering what the age was?

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    18.

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    Regular Member t33j's Avatar
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    +1

    There are no laws in the Virginia Code that deal with open carry. 18 is the minimum age required to possess a handgun in Virginia although as far as I can tell, there is no minimum for ownership. (Why should there be?) I only mention it to bring attention to the difference between possession and ownership.

    http://leg1.state.va.us/cgi-bin/legp...cod+18.2-308.7

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    Last edited by t33j; 01-17-2011 at 01:22 AM.
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    Regular Member 2a4all's Avatar
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    Welcome to OCDO, garfield6399.

    Why did you think this was a stupid question?

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    Accomplished Advocate peter nap's Avatar
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    There are no stupid questions......well....yeah there are....but this isn't one

    Welcome to the forum!
    Last edited by peter nap; 01-17-2011 at 04:55 PM.

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    Regular Member TFred's Avatar
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    Quote Originally Posted by peter nap View Post
    There are no stupid questions......well....yeah there are....but this isn't one
    Ah, yes, never forget this famous quote by Dilbert author Scott Adams!

    "If there are no stupid questions, then what kind of questions do stupid people ask? Do they get smart just in time to ask questions?"
    -- Scott Adams


    TFred

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    Campaign Veteran Dutch Uncle's Avatar
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    I used to be stupid, but after asking a lot of stupid questions, I finally got smart and have stayed that way ever since.

    And yes, you can OC at the tender age of 18. Welcome to OCDO!

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    Quote Originally Posted by 2a4all View Post
    Welcome to OCDO, garfield6399.

    Why did you think this was a stupid question?
    ive done research that says it is 18. but ive asked cops who say its 21. and it was mostly to catch peoples eye and look

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    documentation

    i was talking to a guy that works at a gun shop i frequent. he told me that since im under 21 i should have documentation that says it is legal at 18 to OC. what type of documentation should suffice?

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    Regular Member TFred's Avatar
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    Quote Originally Posted by t33j View Post
    There are no laws in the Virginia Code that deal with open carry. 18 is the minimum age required to possess a handgun in Virginia although as far as I can tell, there is no minimum for ownership. (Why should there be?) I only mention it to bring attention to the difference between possession and ownership.

    http://leg1.state.va.us/cgi-bin/legp...cod+18.2-308.7

    Welcome to OCDO.
    Quote Originally Posted by garfield6399 View Post
    i was talking to a guy that works at a gun shop i frequent. he told me that since im under 21 i should have documentation that says it is legal at 18 to OC. what type of documentation should suffice?
    See the law that t33j quoted in this earlier post.

    Virginia does not make laws saying what you can do, just what you cannot do. (Generally speaking.)

    IANAL, but I would suppose if you run into a LEO who wants to give you a ticket or arrest you, all you can do is ask them to please identify the law you are breaking first...

    I don't know if that would do you any good though...

    TFred

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    Regular Member t33j's Avatar
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    Gun store employees tend to be notoriously bad at getting the law right. Asking them questions related to anything other than the purchase (transfer, etc...) of firearms is probably almost as bad as asking a cop for legal advice.

    By the way there are many members here who started carrying between ages 18 and 21 including myself. As I said, there are no laws in the Virginia Code that deal with open carry so you'll be hard pressed to find a law that says you can OC. In fact, you'd be hard pressed to find a law that says you're allowed to do anything. Laws prohibit things, not allow them (for the most part).
    Sic Semper Tyrannis

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    Regular Member Thundar's Avatar
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    Quote Originally Posted by garfield6399 View Post
    ive done research that says it is 18. but ive asked cops who say its 21. and it was mostly to catch peoples eye and look
    Got the documentation right here:

    Amendment II US Constitution
    Article I Amendment 13 Virginia Constitution

    The answer to the original question is 18 years for handguns, no lower limit for long guns.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    any suggestions

    i have a beretta 96. 40 caliber. does anybody have any recomendations for a paddle holster. im looking at blackhawks serpa

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    Founder's Club Member - Moderator longwatch's Avatar
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    Quote Originally Posted by garfield6399 View Post
    i have a beretta 96. 40 caliber. does anybody have any recomendations for a paddle holster. im looking at blackhawks serpa
    That will serve you well. Take a look at bladetech too.
    http://www.blade-tech.com/Level-II-D...le-pr-870.html

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    Founder's Club Member - Moderator longwatch's Avatar
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    Wink

    Quote Originally Posted by t33j View Post
    Gun store employees tend to be notoriously bad at getting the law right. Asking them questions related to anything other than the purchase (transfer, etc...) of firearms is probably almost as bad as asking a cop for legal advice.
    Some of us aren't that bad, but I've heard some doozies too.

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    Regular Member t33j's Avatar
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    Quote Originally Posted by longwatch View Post
    Some of us aren't that bad, but I've heard some doozies too.
    Oh I know. I've only had it happen twice (both times state law) but like you said you do hear things.
    Sic Semper Tyrannis

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    Quote Originally Posted by garfield6399 View Post
    i have a beretta 96. 40 caliber. does anybody have any recomendations for a paddle holster. im looking at blackhawks serpa
    I'll add a +1 for the Blackhawk Serpa. I've carried both a 1911 and Springfield XD in Serpa holtsers for years now, and I love them.

    Also, I started open carrying when I was 18 (now just 22), and I have never been stopped or questioned by a law enforcement officer about my gun. In fact, the only time I seemed to be questioned at all about being able to carry was when I was at gun shops. It seems that gun shop employees think that just because they can't sell you a handgun that you can't have or carry one at all. Of course, this is not the case in Virginia.

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    Founder's Club Member - Moderator longwatch's Avatar
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    Quote Originally Posted by VApatriot View Post
    I'll add a +1 for the Blackhawk Serpa. I've carried both a 1911 and Springfield XD in Serpa holtsers for years now, and I love them.

    Also, I started open carrying when I was 18 (now just 22), and I have never been stopped or questioned by a law enforcement officer about my gun. In fact, the only time I seemed to be questioned at all about being able to carry was when I was at gun shops. It seems that gun shop employees think that just because they can't sell you a handgun that you can't have or carry one at all. Of course, this is not the case in Virginia.
    I'm proud to say our shop has employed guys under 21 who carried on and off the job. Of course there are lots of folks (on both sides of the counter) who still don't know about or understand open carry and the fact it is our right to bear arms (no permission slip required).

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    Quote Originally Posted by longwatch View Post
    I'm proud to say our shop has employed guys under 21 who carried on and off the job. Of course there are lots of folks (on both sides of the counter) who still don't know about or understand open carry and the fact it is our right to bear arms (no permission slip required).
    I will gladly put a plug in for Guns and Ammo Warehouse, as it is not one of the three different shops that I was challenged in. Mind you, I was never asked to level or disarm in any of these other shops, and the employees always seemed to accepted that I knew what I was talking about when I explained how I legally acquired and carried a handgun.

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    Regular Member And2TheRepublic's Avatar
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    I'd like to add on to this thread, if i may.

    1. Where is the law/code/rules, if any, in dealing with LEO's. For example, i see many say that we're required to show an LEO our permit if we are pulled over. I havent been able to find such verbage in a law.

    2. I'm fairly new to Virginia, and ive read on this forum, that in dealing with LEO's in a non traffic stop scenario, im not required to show ID, unless im being detained, and that i should ask the LEO if i am. In Texas, where im from, our encounters with an LEO dont happen that way. Im just looking for confirmation with an LEO when i am OC, CC, or have no weapon.

    3. I have seen sites saying that having a CHP you are exempt from the 30 day purchase rule. Is this true? Also, if anyone has a link to such code/law that shows what CHP holders are exempt from.

    Thanks in advance
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    Regular Member t33j's Avatar
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    Quote Originally Posted by And2TheRepublic View Post
    I'd like to add on to this thread, if i may.

    1. Where is the law/code/rules, if any, in dealing with LEO's. For example, i see many say that we're required to show an LEO our permit if we are pulled over. I havent been able to find such verbage in a law.
    No such law. You ARE required to produce a VADL if you are operating a vehicle but that is it as far as I know. If a LEO asks you if you are CCing and you are, you are required to produce your CHP for the LEO. You are not required to reveal if you are carrying and where. Many will simply volunteer this information but I can think of one circumstance where the difference between producing a CHP and revealing that you are carrying is extremely important. 18.2-308 H

    Quote Originally Posted by And2TheRepublic View Post
    2. I'm fairly new to Virginia, and ive read on this forum, that in dealing with LEO's in a non traffic stop scenario, im not required to show ID, unless im being detained, and that i should ask the LEO if i am. In Texas, where im from, our encounters with an LEO dont happen that way. Im just looking for confirmation with an LEO when i am OC, CC, or have no weapon.
    You are not required to produce ID even if you are detained unless the locality you happen to be in has a law which requires you to do so. I'll leave the illegality of those laws to someone more versed in the Dillon Rule.

    Quote Originally Posted by And2TheRepublic View Post
    3. I have seen sites saying that having a CHP you are exempt from the 30 day purchase rule. Is this true? Also, if anyone has a link to such code/law that shows what CHP holders are exempt from.

    Thanks in advance
    Yes, 18.2-308.2:2 P2h
    Last edited by t33j; 01-18-2011 at 02:46 PM.
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    Regular Member And2TheRepublic's Avatar
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    thanks.
    A nation of sheep breeds a government of wolves.
    _______________________________________

    If anyone is in need of a Fobus holster and/or Safariland drop holster that fits a Beretta 92, let me know.

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    Campaign Veteran roscoe13's Avatar
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    Quote Originally Posted by t33j View Post
    If a LEO asks you if you are CCing and you are, you are required to produce your CHP for the LEO. . 18.2-308 H
    You only have to show your CHP upon demand by the LEO... 18.2-308 H

    Roscoe
    Last edited by roscoe13; 01-18-2011 at 04:00 PM.

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    Quote Originally Posted by garfield6399 View Post
    i have a beretta 96. 40 caliber. does anybody have any recomendations for a paddle holster. im looking at blackhawks serpa
    I own a few serpa's, however after discovering the saifarland ALS I have not picked up a serpa.

    http://www.opticsplanet.net/safarila...selection.html

    Some of these are on sale for $29.

    ALs pros:

    Swade lined
    Retention button is not as obvious as the serpa
    The polymer in the holster seems to be thicker
    La police gear has saifarland ALS holsters for around $40-50, bout the same price of a serpa.
    Last edited by rob99vmi04; 01-18-2011 at 04:36 PM. Reason: Link to site

  25. #25
    Regular Member t33j's Avatar
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    Quote Originally Posted by roscoe13 View Post
    You only have to show your CHP upon demand by the LEO... 18.2-308 H

    Roscoe
    Yes, sorry I worded that improperly.
    Sic Semper Tyrannis

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