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Thread: Limitations on the weapons we OC in Virginia

  1. #1
    Regular Member 230therapy's Avatar
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    Limitations on the weapons we OC in Virginia

    Virginia has some goofy laws:


    http://leg1.state.va.us/cgi-bin/legp...cod+18.2-287.4

    18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.
    It shall be unlawful for any person to carry a loaded (a) semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (b) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William.

    The provisions of this section shall not apply to law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid concealed handgun permit or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.
    The exemptions set forth in 18.2-308 shall apply, mutatis mutandis, to the provisions of this section.
    (1991, c. 570; 1992, c. 790; 2003, c. 976; 2004, c. 995; 2005, c. 160; 2007, c. 813.)


    I did not know there were limits regarding what I could carry without a Virginia concealed handgun permit. It does make OC of a pistol with threaded barrel legal. You can carry that STI 1911 with 27 round magazine.

    [comment removed by moderator. (14) LONG GUN CARRY IS OFF-TOPIC: This web site is focused on the right to openly carry properly holstered handguns in daily American life. We do NOT promote the carry of long guns. Long guns are great! OCDO co-founders John & Mike and most of the members of this forum own at least one long gun - but due to urban area issues of muzzle control, lack of trigger guard coverage, and the fact that the long gun carry issue distracts from our main mission to promote the open carry of handguns in daily life, we will leave long gun carry activism in the capable hands of the future founders of web sites about long gun carry.]
    Does anyone here actually believe that the Founders were sitting around in John Adams' tavern UNARMED because they believed a bar should be a gun free zone?

  2. #2
    Regular Member Badger Johnson's Avatar
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    You forgot the part 4 (subsection ii)(b)...the Ginger Rogers Act:

    "...or while tap dancing backwards in highheels on the grave of our hard-won freedom, lost, in the pale moonlight."

  3. #3
    Accomplished Advocate peter nap's Avatar
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    One of those pesky perks I keep talking about.

    Gather round folks and get your CHP's while they last.
    They can slice and dice and let you carry your AR15 PISTOL in the forbidden places.
    Get em while they're hot!

  4. #4
    Founder's Club Member - Moderator ed's Avatar
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    Quote Originally Posted by 230therapy View Post
    Weapon
    http://forum.opencarry.org/forums/sh...-Shotgun-Rifle)
    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
    - - - -
    For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)

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    Regular Member 230therapy's Avatar
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    Quote Originally Posted by Badger Johnson View Post
    You forgot the part 4 (subsection ii)(b)...the Ginger Rogers Act:

    "...or while tap dancing backwards in highheels on the grave of our hard-won freedom, lost, in the pale moonlight."
    I thought that was the primary rule of law making!!
    Does anyone here actually believe that the Founders were sitting around in John Adams' tavern UNARMED because they believed a bar should be a gun free zone?

  6. #6
    Regular Member 230therapy's Avatar
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    Does anyone here actually believe that the Founders were sitting around in John Adams' tavern UNARMED because they believed a bar should be a gun free zone?

  7. #7
    Regular Member 230therapy's Avatar
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    They can slice and dice and let you carry your AR15 PISTOL in the forbidden places.
    It's fine if you carry it with a 20 round magazine. But more ammo is better!!
    Last edited by 230therapy; 05-31-2011 at 06:25 PM.
    Does anyone here actually believe that the Founders were sitting around in John Adams' tavern UNARMED because they believed a bar should be a gun free zone?

  8. #8
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by 230therapy View Post
    It's fine if you carry it with a 20 round magazine. But more ammo is better!!
    Yep...takes a lot of them little boolits

  9. #9
    Accomplished Advocate user's Avatar
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    Some of my favorites:

    18.2-300. Possession or use of "sawed-off" shotgun or rifle.

    A. Possession or use of a "sawed-off" shotgun or "sawed-off" rifle in the perpetration or attempted perpetration of a crime of violence is a Class 2 felony.
    B. Possession or use of a "sawed-off" shotgun or "sawed-off" rifle for any other purpose, except as permitted by this article and official use by those persons permitted possession by 18.2-303, is a Class 4 felony.
    18.2-308.5. Manufacture, import, sale, transfer or possession of plastic firearm prohibited.

    It shall be unlawful for any person to manufacture, import, sell, transfer or possess any plastic firearm. As used in this section, "plastic firearm" means any firearm, including machine guns and sawed-off shotguns as defined in this chapter, containing less than 3.7 ounces of electromagnetically detectable metal in the barrel, slide, cylinder, frame or receiver of which, when subjected to inspection by X-ray machines commonly used at airports, does not generate an image that accurately depicts its shape. A violation of this section shall be punishable as a Class 5 felony.
    18.2-308.8. Importation, sale, possession or transfer of Striker 12's prohibited; penalty.

    It shall be unlawful for any person to import, sell, possess or transfer the following firearms: the Striker 12, commonly called a "streetsweeper," or any semi-automatic folding stock shotgun of like kind with a spring tension drum magazine capable of holding twelve shotgun shells. A violation of this section shall be punishable as a Class 6 felony.
    18.2-311. Prohibiting the selling or having in possession blackjacks, etc.

    If any person sells or barters, or exhibits for sale or for barter, or gives or furnishes, or causes to be sold, bartered, given or furnished, or has in his possession, or under his control, with the intent of selling, bartering, giving or furnishing, any blackjack, brass or metal knucks, any disc of whatever configuration having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, switchblade knife, ballistic knife, or like weapons, such person shall be guilty of a Class 4 misdemeanor. The having in one's possession of any such weapon shall be prima facie evidence, except in the case of a conservator of the peace, of his intent to sell, barter, give or furnish the same.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

  10. #10
    Regular Member ocholsteroc's Avatar
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    It means my P22/threaded barrel can not be carryed unless you have a CHP, and my Glock I can not use a 33 round magazine when I am OC'ing. (and who the heck would want to OC a 33 round magazine?)
    Last edited by ocholsteroc; 05-31-2011 at 08:48 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?

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    Regular Member Marco's Avatar
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    Quote Originally Posted by Agent19 View Post
    Saying one shouldn't interchange the terms firearm/weapon is backwards assed thinking!!
    We recently tried to get VA to change your (I don't have a VA permit) current CHP(?)'s to CWP's so those with a VA permit could carry a variety of items concealed not just a firearm/handgun.
    By stating the term weapon is negative you are feeding into those that oppose our position.
    FL has a CWP (IIRC) please tell me what is offensive or negative by the use of the word weapon.

    Weapon is just a general term used to describe a tool used to defend or attack.


    I know some NRA instructor will chime in telling us the NRA doesn't want their instructors using the word "weapon" during class, I say who gives a chit what the NRA wants/thinks outside of the environment they control.


    As a former service member calling your rifle or sidearm a gun would result in you running in circles holding your genitals all while sing a neat little tone.





    Quote Originally Posted by 230therapy View Post

    18.2-287.4. in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William.



    That BS is only for the areas listed.
    Those of us that live in less restrictive jurisdictions need not worry.
    Last edited by Marco; 05-31-2011 at 09:16 PM. Reason: connection issues
    If you think like a Statist, act like one, or back some, you've given up on freedom and have gone over to the dark side.
    The easiest ex. but probably the most difficult to grasp for gun owners is that fool permission slip so many of you have, especially if you show it off with pride. You should recognize it as an embarrassment, an infringement, a travesty and an affront to a free person.


    ~Alan Korwin

  12. #12
    Regular Member ocholsteroc's Avatar
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    Quote Originally Posted by Agent19 View Post
    That BS is only for the areas listed.
    Those of us that live in less restrictive jurisdictions need not worry.
    Arguing with yourself? lol

    I agree that your gun should not be called a "weapon" to me a weapon is used to harm. It is a self defence tool.
    Last edited by ocholsteroc; 05-31-2011 at 09:11 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?

  13. #13
    Regular Member Marco's Avatar
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    Quote Originally Posted by ocholsteroc View Post
    Arguing with yourself? lol

    I agree that your gun should not be called a "weapon" to me a weapon is used to harm. It is a self defence tool.
    So, when the perk gets changed you and those that don't like the word weapon don't wish to be included?
    If you think like a Statist, act like one, or back some, you've given up on freedom and have gone over to the dark side.
    The easiest ex. but probably the most difficult to grasp for gun owners is that fool permission slip so many of you have, especially if you show it off with pride. You should recognize it as an embarrassment, an infringement, a travesty and an affront to a free person.


    ~Alan Korwin

  14. #14
    Regular Member ocholsteroc's Avatar
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    Quote Originally Posted by Agent19 View Post
    So, when the perk gets changed you and those that don't like the word weapon don't wish to be included?
    Nooo I was just laughing at your double post.
    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?

  15. #15
    Regular Member tcmech's Avatar
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    Quote Originally Posted by Badger Johnson View Post
    You forgot the part 4 (subsection ii)(b)...the Ginger Rogers Act:

    "...or while tap dancing backwards in highheels on the grave of our hard-won freedom, lost, in the pale moonlight."
    I thought that was the test the highway patrol was doing on DWI suspects while having them recite the alphabet backwards starting with the letter "O".
    If Obama is the answer; how stupid was the question?

  16. #16
    Regular Member 230therapy's Avatar
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    Quote Originally Posted by ocholsteroc View Post
    It means my P22/threaded barrel can not be carryed unless you have a CHP, and my Glock I can not use a 33 round magazine when I am OC'ing. (and who the heck would want to OC a 33 round magazine?)
    Ah...but you're forgetting the FN 57 handgun. The factory magazine is 20 rounds. Adding a +1 magazine extension makes it illegal to carry without a permission slip.

    That BS is only for the areas listed.
    Those of us that live in less restrictive jurisdictions need not worry.
    You need not worry right up until the point you forget about the law and drive into one of those counties.

    Obviously, this law needs to go away.
    Last edited by 230therapy; 06-01-2011 at 08:29 AM.
    Does anyone here actually believe that the Founders were sitting around in John Adams' tavern UNARMED because they believed a bar should be a gun free zone?

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    Regular Member JamesB's Avatar
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    Quote Originally Posted by ocholsteroc View Post
    It means my P22/threaded barrel can not be carryed unless you have a CHP, and my Glock I can not use a 33 round magazine when I am OC'ing. (and who the heck would want to OC a 33 round magazine?)
    I'm going to have to OC the 33 round mag for my Glock.

    You can CC it?? Wow! That takes some skill.

  18. #18
    Regular Member Marco's Avatar
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    Quote Originally Posted by 230therapy View Post

    Obviously, this law needs to go away.

    Agreed, the same could be said for all/most related to firearms.
    If you think like a Statist, act like one, or back some, you've given up on freedom and have gone over to the dark side.
    The easiest ex. but probably the most difficult to grasp for gun owners is that fool permission slip so many of you have, especially if you show it off with pride. You should recognize it as an embarrassment, an infringement, a travesty and an affront to a free person.


    ~Alan Korwin

  19. #19
    Regular Member wylde007's Avatar
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    Quote Originally Posted by Agent19 View Post
    Agreed, the same could be said for all/most related to firearms.
    And most other "laws" for that matter.
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
    Novos ordo seclorum ~ Mustaine

    Never argue with an idiot. He will drag you down to his level and beat you with experience.

  20. #20
    Regular Member ocholsteroc's Avatar
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    Quote Originally Posted by JamesB View Post
    I'm going to have to OC the 33 round mag for my Glock.

    You can CC it?? Wow! That takes some skill.
    No.
    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?

  21. #21
    Regular Member paramedic70002's Avatar
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    18.2-311. Prohibiting the selling or having in possession blackjacks, etc.

    If any person sells or barters, or exhibits for sale or for barter, or gives or furnishes, or causes to be sold, bartered, given or furnished, or has in his possession, or under his control, with the intent of selling, bartering, giving or furnishing, any blackjack, brass or metal knucks, any disc of whatever configuration having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, switchblade knife, ballistic knife, or like weapons, such person shall be guilty of a Class 4 misdemeanor. The having in one's possession of any such weapon shall be prima facie evidence, except in the case of a conservator of the peace, of his intent to sell, barter, give or furnish the same.
    At the risk of flirting with "discussing" illegal activities...

    Does a Class 4 Misdemeanor conviction, no impact on CHP, no jail time, small fine, really stop anyone from carrying one of these 'alternative' weapons? Especially considering that an automatic knife isn't all that different than an assisted opening knife. I could see a sneaky CA try to make an assisted opener a "like weapon" even though this was shot down at the federal regulation level last year.

    And this is really a poorly constructed law. Possession of a prohibited item is prima facie evidence of intent to sell. Intent to sell is the crime, not possession. Weird.
    Last edited by paramedic70002; 06-01-2011 at 02:26 PM.
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

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

  22. #22
    Regular Member ocholsteroc's Avatar
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    Blackjack is a short wooden stick with a cord right??

    I have no clue why these why are banned. Someone needs to overturn this law. If we are allowed to carry FIREARMS, why not a blackjack?
    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?

  23. #23
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by ocholsteroc View Post
    Blackjack is a short wooden stick with a cord right??

    I have no clue why these why are banned. Someone needs to overturn this law. If we are allowed to carry FIREARMS, why not a blackjack?
    No, that's a baton. The long ones are known as night sticks and when they carried them in the old days, the short ones were "Day Sticks".

    A blackjack is a short stiff spring with a big chunk of lead i n the front. The whole thing is covered in leather. They are extremely effective and every cop used to carry one. They even had special pockets in uniform pants for them but the Blackjack would eat a hole in it in short order.

    You can still buy them if you look a little. I have a half a dozen I haven't seen for 30 years.

    There is a long story about the progression of impact weapons but it doesn't have anything with how effective they are...rather, how much liability the department is exposed to. Better to shoot someone and claim officer safety than dislocate someone's shoulder and get sued.
    Last edited by peter nap; 06-01-2011 at 03:19 PM.

  24. #24
    Accomplished Advocate peter nap's Avatar
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    Blackjack:


  25. #25
    Regular Member ocholsteroc's Avatar
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    Oh theres lead in them...
    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?

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