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Open Carry inside a vehicle? What is correct?

ryan7068

Regular Member
Joined
Apr 8, 2011
Messages
185
Location
Chesapeake, VA
Hello all. I have been around firearms my entire life but am relatively new to open carry as I am from California where however legal it can be quite a trick to stay out of jail. Anyway I was wondering what methods of OC inside a vehicle work best. Is keeping it holstered on your hip allowed? It may be in plain view just not from a police officer approaching the driver window. Is there a method to keep it safely unholstered in plain view and prevent it from moving? Ultimately I have no plans of getting pulled over but I would like to be informed on the topic. Thank you all and I have found this website quite helpful.
 

ryan7068

Regular Member
Joined
Apr 8, 2011
Messages
185
Location
Chesapeake, VA
Traffic stop stories(mostly Hampton Roads)

If anyone can comment on traffic stops while OC particullarly in Hampton Roads as of late, that may be helpful as well. Thank You
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Welcome to Virgina and FREEDOM!

There are no special tricks or must does in Va. Holster up OCing IWB or OWB on foot, in a vehicle, or in a restaurant booth w/strong side to the wall.

The test is how you are wearing it (whether covered/concealed by clothing) that counts. It is NOT from the perspective of the viewer. The entire gun does not have to be visible as in some states. It only has to be readily identifiable by common observation.

You are NOT required to notify a LEO whether in a consensual conversation or otherwise. Some choose to do so though, I do not. Don't lie if asked directly though.

You are NOT required to show ID on a whim - I will verbally give my name and where I generally live. No permit can legally be demanded if you are OCing, even if you have one.

Strangely one cannot consume an adult beverage if CCing, but can if OCing. Most of us consider it bad form though.

Look to the bottom of the page on this link for cites and more:
http://www.vcdl.org/static/ccw.html
 
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ProShooter

Regular Member
Joined
Mar 23, 2008
Messages
4,663
Location
www.ProactiveShooters.com, Richmond, Va., , USA
Anyway I was wondering what methods of OC inside a vehicle work best. Is keeping it holstered on your hip allowed? It may be in plain view just not from a police officer approaching the driver window. Is there a method to keep it safely unholstered in plain view and prevent it from moving?


If anyone can comment on traffic stops while OC particullarly in Hampton Roads as of late, that may be helpful as well. Thank You


You may find this training class of interest to you.....

http://proactiveshooters.com/general-course-information-2/intro-to-concealed-carry-in-va/
 
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ocholsteroc

Regular Member
Joined
Aug 4, 2010
Messages
1,317
Location
Virginia, Hampton Roads, NC 9 miles away
If you where OCing, in a room full of 100 people, and you are in the very back with the gun agianst the wall, its OPEN CARRY. Because you can see it, as long as you dont have it coverd by a shirt or jacket.

Why don't you come to a dinner?

http://forum.opencarry.org/forums/s...Dinner-7pm-Greenbrier-Olive-Garden-April-13th

There is a dinner next week, Greenbrier area.


I believe guns and alcohol don't mix just like cars and alcohol.
 
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ryan7068

Regular Member
Joined
Apr 8, 2011
Messages
185
Location
Chesapeake, VA
Sounds good

I will check my plans and reply on your invite inside the next two days. Are you OC to dinner or was your comment refering to you planning to have a drink and not carrying?
 

ocholsteroc

Regular Member
Joined
Aug 4, 2010
Messages
1,317
Location
Virginia, Hampton Roads, NC 9 miles away
I will check my plans and reply on your invite inside the next two days. Are you OC to dinner or was your comment refering to you planning to have a drink and not carrying?



Refering to planning NOT have a drink and carrying :) I will not go disarmed unless I have to! :banana:

Drinks just dont mix with cars & guns.
 
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SouthernBoy

Regular Member
Joined
May 12, 2007
Messages
5,837
Location
Western Prince William County, Virginia, USA
I will check my plans and reply on your invite inside the next two days. Are you OC to dinner or was your comment refering to you planning to have a drink and not carrying?

First off, welcome to our fine state. You will quickly find that Virginia is the most lenient and gun-friendly state in the South. We hope you adopt Virginia traditions and ways now that you are here. When either OC'ing or CC'ing, do so with a demeanor that projects a positive and confident persona. Don't be afraid to wear your firearm on your hip and don't worry about being self-conscious. Be polite, actually be extra polite. You are an emissary for all of us who carry and we all want the general public and our employees/servants (read that as officials and police) to see us as responsible and respectful adults.

As has been stated, you may not partake of alcoholic beverages in Virginia establishments while carrying concealed. However, you can if you are open carrying but all of us on this site, and other places, consider this to be bad form as it tends to send a negative message to not only other carriers but non-carriers as well. The posters who have already said that guns and alcohol don't mix are spot on.

BTW, just so you won't be confused, there are no bars in Virginia.
 

Grapeshot

Legendary Warrior
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May 21, 2006
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Location
Valhalla
BTW, just so you won't be confused, there are no bars in Virginia.

For the benefit of the OP -

Establishments cannot just sell alcoholic beverages for on premises consumption as a bar would. They must have a certain percentage of their sales from food. Therefore restaurants may have an ABC (Alcohol Beverage Commission) license or not.

Point - one may OC or CC in state ABC package stores and in such private stores that sell alcohol.
 

JamesCanby

Activist Member
Joined
Jul 2, 2010
Messages
1,480
Location
Alexandria, VA at www.NoVA-MDSelfDefense.com
My literal reading of the law is that you can consume OC or CC as long as you are not concealing when you enter.

Do I read your comment correctly that you infer from your literal reading of the law that one may enter an establishment OCing, then once inside, conceal the firearm and it's ok to consume alcoholic beverages?
 
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Badger Johnson

Regular Member
Joined
Jan 12, 2011
Messages
1,213
Location
USA
One thing to be careful of and IANAL...

If you immediately invoke your right to remain silent, and you're just on foot OC-ing, you are not required to show ID or to show your CPL (after all you're not concealed).

However, my understanding is once you start talking you have waived your rights in part and the LEO can ask and even insist that you give your name and maybe birth date, which he may record on a notepad.

I'd suggest immediately saying, if a LEO asks 'can I talk to you', immediately saying in a calm way, 'no, sorry, I'm busy' and walking away. You might say 'Why am I being detained?' and then if he says you're not, walking away.

Once you start talking you've made it a consensual encounter and there may be some leeway on the part of the LEO to demand things. Just my interpretation.

Welcome to the Va forum on OCDO.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
One thing to be careful of and IANAL...

If you immediately invoke your right to remain silent, and you're just on foot OC-ing, you are not required to show ID or to show your CPL (after all you're not concealed).

However, my understanding is once you start talking you have waived your rights in part and the LEO can ask and even insist that you give your name and maybe birth date, which he may record on a notepad.

I'd suggest immediately saying, if a LEO asks 'can I talk to you', immediately saying in a calm way, 'no, sorry, I'm busy' and walking away. You might say 'Why am I being detained?' and then if he says you're not, walking away.

Once you start talking you've made it a consensual encounter and there may be some leeway on the part of the LEO to demand things. Just my interpretation.

Welcome to the Va forum on OCDO.

You may end a consensual conversation at any time. A Leo can "ask" for anything he likes; whether you provide it is up to you. Because you initially respond does not trigger a legal authority to "demand" (under color of law) that which he would not already have.

Unless you have been stopped for a driving infraction, no law requires you to present ID or prove who you are - Va. is not a "stop and identify" state.

BTW - the Va. permit is a CHP, concealed handgun permit.
 

nuc65

Activist Member
Joined
Nov 22, 2009
Messages
1,121
Location
Lynchburg, Virginia, USA
My literal reading of the law is that you can consume OC or CC as long as you are not concealing when you enter.

My personal recommendation is to never mix the juice and the boomsticks.

I would like to see your cite of the law in which you read such a liberal translation...

18.2-302
J1. Any person permitted to carry a concealed handgun, who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place, shall be guilty of a Class 1 misdemeanor.

I read J1 that regardless of the state of carry if you have a permit and are under the influence of alcohol you are guilty of a class 1 misdemeanor. (I also read that this section applies while you are carrying a weapon)

J3. No person who carries a concealed handgun onto the premises of any restaurant or club as defined in § 4.1-100 for which a license to sell and serve alcoholic beverages for on-premises consumption has been granted by the Virginia Alcoholic Beverage Control Board under Title 4.1 of the Code of Virginia may consume an alcoholic beverage while on the premises. A person who carries a concealed handgun onto the premises of such a restaurant or club and consumes alcoholic beverages is guilty of a Class 2 misdemeanor. However, nothing in this subsection shall apply to a federal, state, or local law-enforcement officer.

I read J3 to say that if you carry a concealed handgun (regardless of how you entered the premises) and consume alcohol you are guilty. I wouldn't want to be the one to split the legal hairs of a untried law, with no case law to back it up. I also read that if you go to friends house carrying concealed there is no law that says you may not consume alcohol with carrying concealed.

There are a great many hairs that a lawyer could probably split...
 

Bill Hawkenbyrd

New member
Joined
Apr 11, 2011
Messages
1
Location
Norfolk
I would like to see your cite of the law in which you read such a liberal translation...

18.2-302
J1. Any person permitted to carry a concealed handgun, who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place, shall be guilty of a Class 1 misdemeanor.

I read J1 that regardless of the state of carry if you have a permit and are under the influence of alcohol you are guilty of a class 1 misdemeanor. (I also read that this section applies while you are carrying a weapon)

J3. No person who carries a concealed handgun onto the premises of any restaurant or club as defined in § 4.1-100 for which a license to sell and serve alcoholic beverages for on-premises consumption has been granted by the Virginia Alcoholic Beverage Control Board under Title 4.1 of the Code of Virginia may consume an alcoholic beverage while on the premises. A person who carries a concealed handgun onto the premises of such a restaurant or club and consumes alcoholic beverages is guilty of a Class 2 misdemeanor. However, nothing in this subsection shall apply to a federal, state, or local law-enforcement officer.

I read J3 to say that if you carry a concealed handgun (regardless of how you entered the premises) and consume alcohol you are guilty. I wouldn't want to be the one to split the legal hairs of a untried law, with no case law to back it up. I also read that if you go to friends house carrying concealed there is no law that says you may not consume alcohol with carrying concealed.

There are a great many hairs that a lawyer could probably split...

Forgive my intrusion, but it seems to me as if they go out of the way to specify CONCEALED handgun as opposed to simply saying a handgun carried in any capacity. I'm new to the whole OC thing as well, having moved up here from FL and all so any clarity is welcome.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Forgive my intrusion, but it seems to me as if they go out of the way to specify CONCEALED handgun as opposed to simply saying a handgun carried in any capacity. I'm new to the whole OC thing as well, having moved up here from FL and all so any clarity is welcome.

Not an intrusion at all - welcome aboard Bill Hawkenbird.

In restaurants serving alcohol:

1) With OC it is legal to consume, but generally frowned on by most here.

2) CC and no consumption is legal; CC and drinking is not.

Aside from those that may split a hair or two over the wording of CC and imbibing, it was the obvious intent of our General Assembly that such would be illegal and I am too close to 100% in agreement that a judge would see it that way also. I doubt there will be a taker to intentionally test that part of the law - too much risk for too little return.
 
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