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Thread: DMV - Is OC Ok?

  1. #1
    Regular Member ocholsteroc's Avatar
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    Question DMV - Is OC Ok?

    I forget, DMV is state? so OC is legal correct?

    "http://www.dmv.state.va.us/
    Last edited by ocholsteroc; 04-08-2011 at 03:35 PM.
    How come a DUI you can get your driver licence back, which it is a privilege. But if commiting a felon, even something non violent like stealing, you are denied your constitutional rights for the rest of your life?
    If you don't support the Second Amendment to the Constitution, what other parts of the Constitution do you reject?
    More restrictions on guns? how about restrictions on chainsaws and knives?

  2. #2
    Regular Member zoom6zoom's Avatar
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    You are good to go at the DMV.

  3. #3
    Campaign Veteran skidmark's Avatar
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    Depending on the DMV you are going to there might not even be a rent-a-cop there to give you funny looks.

    OC is OK at DMV.

    It is not considered "nice" to show up with an OC'd handgun that is magnitudes better quality, or appearance, or performance capabilities, than the one carried by the rent-a-cop - but they will eventually get over it if you do. :>)

    stay safe.

  4. #4
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    I have OC'd the last few times I went to the DMV in Chesapeake. No issues.

  5. #5
    Founder's Club Member thebigsd's Avatar
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    Just carried at Fair Oaks DMV this past weekend. They had two armed guards but no issue.
    "When seconds count between living or dying, the police are only minutes away."

  6. #6
    Regular Member DontTreadOnMeVa's Avatar
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    Quote Originally Posted by thebigsd View Post
    Just carried at Fair Oaks DMV this past weekend. They had two armed guards but no issue.

    Have carried at Va Beach DMV more than once.

  7. #7
    Regular Member MSC 45ACP's Avatar
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    OC'd at Newport News DMV where the rent-a-cop always looks like he's sucking lemons when he or she sees my sidearm. Pluckem.
    "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."
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    SERPA retention or concealed...

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  8. #8
    Regular Member wikieod's Avatar
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    Went to the DMV on Greenbrier to retake my drivers test (my license from SC expired, so I had to do the whole thing). I knew the day was going to be good when the rent a cop looked at me and asked "Is that a Ruger?", I said yes, and he said thats what his first gun was, then he bought a Glock. We talked for about ten minutes about guns and OC and CC, while they sorted out my paperwork. Everything went well, and I am now a licensed VA Driver. It's ironic to have a good time at the DMV.
    "To my mind it is wholly irresponsible to go into the world incapable of preventing violence, injury, crime, and death. How feeble is the mindset to accept defenselessness. How unnatural. How cheap. How cowardly. How pathetic."
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  9. #9
    Regular Member ocholsteroc's Avatar
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    Quote Originally Posted by wikieod View Post
    Went to the DMV on Greenbrier to retake my drivers test (my license from SC expired, so I had to do the whole thing). I knew the day was going to be good when the rent a cop looked at me and asked "Is that a Ruger?", I said yes, and he said thats what his first gun was, then he bought a Glock. We talked for about ten minutes about guns and OC and CC, while they sorted out my paperwork. Everything went well, and I am now a licensed VA Driver. It's ironic to have a good time at the DMV.

    That's the one I go to.


    Come out to a dinner sometime, we have one coming up on the 13th


    What if you are asked to leave? isn't it coverd under the law? so if they banned guns there then it would be invalid or am I wrong?


    http://forum.opencarry.org/forums/sh...den-April-13th
    Last edited by ocholsteroc; 04-08-2011 at 11:22 PM.
    How come a DUI you can get your driver licence back, which it is a privilege. But if commiting a felon, even something non violent like stealing, you are denied your constitutional rights for the rest of your life?
    If you don't support the Second Amendment to the Constitution, what other parts of the Constitution do you reject?
    More restrictions on guns? how about restrictions on chainsaws and knives?

  10. #10
    Regular Member Dreamer's Avatar
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    In NC, we have a "state preemption" statute that essentially reads like this:

    "No municipality, county or government agency may enact policies or ordinances which restrict the carry or possession of firearms... Unless they enact such a rule. Then it's OK..."

    We can't carry in the DMV (actually, we don't have a DMV here--license plates and DLs are processed and issued by PRIVATE CONTRACTORS who have their offices on private property, so they wouldn't be covered under State Preemption even if it DID have any effective "teeth".)

    We also can't carry in the General Assembly (or ANY state government buildings). Or in most municipal or county buildings. Or in Polling Places. Or in most public libraries.

    And cities are frequently allowed by the AG to enact temporary "policies" restricting carry (OC and CC) during "special events" like local festivals, public concerts and cultural events, and other such free, open-to-the-public, on public land type events.

    And we also have a statute that puts a COMPLETE ban on the transport or possession of firearms off one's personal property during "declared states of emergency".

    In other words, our "state preemption" statute is a steaming, squishy pile of crap, and not worth the paper it's printed on.

    Compared to NC, you folks in VA have virtually libertine gun laws. At the very least, the laws in VA, for the most part, make sense. Here in NC, the NCGS is often self-contradictory, and the interpretations issued by the AG are often in direct violation of the Law of the Land, as written and enacted.

    But we're working on that...

    At the very least, it's looking like the "Restaurant Carry" bill is a "shoe-in" this session. So we've got that going for us, which is nice.
    Last edited by Dreamer; 04-09-2011 at 12:08 AM.
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  11. #11
    Regular Member wikieod's Avatar
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    Quote Originally Posted by ocholsteroc View Post
    That's the one I go to.


    Come out to a dinner sometime, we have one coming up on the 13th


    What if you are asked to leave? isn't it coverd under the law? so if they banned guns there then it would be invalid or am I wrong?


    http://forum.opencarry.org/forums/sh...den-April-13th
    I am going to try and come to Olive Garden on Wednesday, but I have a hockey game in VB. Still don't know the time for the game, but hoping it's late, so I can make it to both.
    "To my mind it is wholly irresponsible to go into the world incapable of preventing violence, injury, crime, and death. How feeble is the mindset to accept defenselessness. How unnatural. How cheap. How cowardly. How pathetic."
    - Ted Nugent

  12. #12
    Regular Member USNA69's Avatar
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    I know this has been asked and answered many times. Nevertheless ...

    Does not state preemption only prohibit localities from enacting gun laws?

    Is not the DMV a State Agency and, thus, not subject to preemption?

    See: http://www.agencydirectory.virginia....epartment%20of

  13. #13
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    Correct. §15.2-915 prohibits localities from regulating firearms, but does not prohibit state agencies from doing so.

    That said, it doesn't seem that DMV has enacted any prohibitions on the possession of firearms. I was in the Roanoke DMV on Thursday without trouble. The two Securitas security guards stationed there put their heads together for a couple of minutes when I entered, then resumed their stations without a word to me.

  14. #14
    Regular Member USNA69's Avatar
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    Quote Originally Posted by Tosta Dojen View Post
    Correct. §15.2-915 prohibits localities from regulating firearms, but does not prohibit state agencies from doing so.

    That said, it doesn't seem that DMV has enacted any prohibitions on the possession of firearms. I was in the Roanoke DMV on Thursday without trouble. The two Securitas security guards stationed there put their heads together for a couple of minutes when I entered, then resumed their stations without a word to me.
    That was my thinking, also. The moral of the story is that, if challenged about OC in a DMV, it be unwise to say anything containing the word "preemption".
    Last edited by USNA69; 04-09-2011 at 11:41 AM.

  15. #15
    Accomplished Advocate peter nap's Avatar
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    Just remember that Securiguard has DMV...so keep your finger CC'ed.

  16. #16
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by peter nap View Post
    Just remember that Securiguard has DMV...so keep your finger CC'ed.
    But..but..I don't have a CFP.
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