Is there a place on here with a open Carry cheat sheet? Something that has the codes on here pertaining to fire arm laws and stop and Id laws. Now this brings me into my next question do I have to show id in VA. If so that answers my question if not what information do I have to give?
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Open Carry Question about open carry cards, pamphlets and va code
- Thread starter gmuguy
- Start date
Since laws are generally passed to restrict or say what you cannot do legally, there are seldom laws to tell you what you can do legally - excepting a statute/ordinance rescinding a previous no-no specifically. So short answer - there is no law authorizing/making legal OCing.
For a concise Cliff Notes guide to VA carry laws look here here.
You really should join VCDL to support and further your right to defend yourself and to keep current on the laws, events and the behind the scenes stories. Their Va-Alert email newsletter is free - VCDL membership is the best $25.00 you'll ever spend and there are members only discounts discounts.
For a concise Cliff Notes guide to VA carry laws look here here.
You really should join VCDL to support and further your right to defend yourself and to keep current on the laws, events and the behind the scenes stories. Their Va-Alert email newsletter is free - VCDL membership is the best $25.00 you'll ever spend and there are members only discounts discounts.
Thanks Grapeshot, I do understand that open carry is legal because there are no laws preventing it, and concealed carry is regulated do to the fact that it is a concealed weapon. I am a member of the VCDL and I currently do get the alerts. I think it is a great pro 2A group that really looks out for our rights in VA. I was more wondering where OC was restricted for some reason I'm thing CC is ok in certain places and OC is not. I'm all curios as to what my rights are when approached by a LEO if I am going about my day legally and OCING.
Thanks for the input stay safe and enjoy your weekend! (well whats left of it)
Thanks for the input stay safe and enjoy your weekend! (well whats left of it)
thebigsd
Founder's Club Member
The only major area that would be off limits without a CHP would be being within 1000 ft of a K-12 school. You must also have a CHP to carry inside the General Assembly. I can't really think of anything else.
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Excepting the GAB and State Capitol building (a Joint Committee rule), I know of no formal list of properties restricting carrying w/o a permit - . Private property owners could choose to restrict either CC or OC) and not the other, but their is no definitive group/listing of the few that might be doing that. Have never found OC to be a major problem. If someone were to ask me to leave, cover it up etc., I would oblige and take my money elsewhere - after the fact, I would clamber up the management ladder.
Just realized I didn't respond to your question of ID prior. If CCing you must have your CHP and state approved photo ID with you and present it when demanded by LEO. Not CCing - no valid reason other than there being specific RAS. VA is not a stop and identify state. Indeed you may carry sterile (no ID) if OCing. I will on the advice of council give my first name and general area of residence (Chesterfield County) if formally requested during the daylight hours. After dark I will respond with full name and neighborhood if pressed, but only offer it once. Reason is buried in an obscure (to me) law that Dan Hawes has pointed out.
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MSC 45ACP
Regular Member
A few on here have come up with a wallet-sized card that shows many of the laws concerning OCing in VA. ED happens to have a very nice one he updates every year. he also lists some web sites one can look at for more info. The NRA-ILA has a fairly comprehensive list of state laws they keep up to date.
ED? Might you chime in here to get this guy some cards?
mike
ED? Might you chime in here to get this guy some cards?
mike
thebigsd
Founder's Club Member
From Ed's signature:
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)
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)
SouthernBoy
Regular Member
So how does that work with preemption? And what if you were out taking a walk and was not carrying any sort of ID? How could they expect you show something you don't have on your person?
Cite please on Virginia Beach stop & ID ordinance.
All good questions. I'm assuming that as for preemption that nobody has made a challenge of that law in court. But the Virginia Beach law if I'm recalling correctly doesn't require that you have I.D., simply that you are required to provide your name and address anytime requested by LEO.
It's the same cite that I provided to you when you asked here:
http://forum.opencarry.org/forums/s...t-is-correct&p=1541641&viewfull=1#post1541641
Sec. 23-7.1. Providing identification to police officer.
It shall be unlawful and a Class 1 misdemeanor for any person at a public place or place open to the public to refuse to identify himself by name and address at the request of a uniformed police officer or of a properly identified police officer not in uniform, or to provide false information in response to such a request, if the surrounding circumstances are such as to indicate to a reasonable man that the public safety requires such identification.
And that's a 1985 ordinance, confirmed still listed in Municode now. I have wondered a 100 times why it has never been challenged. And other "reasonable man" things have been tossed (such as the noise ordinances for the same reason -- no measurable test for that I think). As this was being discussed in the above thread, it was also (I thought) being added to the code tracker as there were other cities that had similar ordinances (still).
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SouthernBoy
Regular Member
Couple of key words in this and I don't pretend I know about Virginia Beach laws, etc.
"if the surrounding circumstances are such as to indicate to a reasonable man that the public safety requires such identification".
Does leave one to wonder the scope of this part of the provision. Is this still in effect in that city?
You don't have a brother named Badger...do you?
Jonesy
Regular Member
Really? I live close to a K-12 school and oc all the time w/out a permit, sometimes walk right by the school, well within 1000ft. There are apartments within 1000 ft, are they prohibited from carrying in their residence or right outside? No one has ever hassled me about this, and if they do, I will be happy to be the test case to have this bs law declared unconstitutional. It is my belief the feds will never charge anyone with violation of this as they know it may be unconstitutional.
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I believe that to be the case (still in effect) because I saw it enforced less than a year ago, and LEO are still aware of it when asked recently.
SouthernBoy
Regular Member
The 1000ft from K-12 property thing is federal law (GFSZA). It was declared unconstitutional once by SCOTUS but then re-passed with a "justifying" part that sites the interstate commerce clause and hasn't been challenged again.
It's normally used as an add-on charge for a person already going away for other crimes. But it still is and enforceable law, even if it is not commonly enforced.
Just out of curiosity, can a Virginia LEO charge someone with a federal offense, such as a violation of the GFSZA or would that only be chargeable via a federal law enforcement agent of some kind? In other words, can and would Virginia officers be expected to act as agents of the federal government in this case? I don't think I have ever seen anything on these forums to support this.
No and in the Hanover Sheriffs office ...man with a gun presentation, both the Commonwealths attorney and the Sheriffs spokesman says they absolutely cannot and will not enforce federal law. That answer was in response to my direct question about the GFZ.
Jonesy
Regular Member
Interesting. I will ask the same question of local leo when I get the chance.
Interesting searching on this topic....I have found information for several states that indicate that under their state law state and local police are authorized to arrest for violations of federal criminal law, but each of them stated that whether any police officer may make an arrest for a specific federal crime depends on whether the federal law explicitly or implicitly allows them to make an arrest for that crime based on the Supremacy Clause of the U.S. constitution which permits Congress to prohibit a state from enforcing a federal law. I have NOT found anything related to Virginia though.
Added: I have only thus far found information regarding any Virginia police officer's ability to enforce immigration law, however in that there is specific mention of a 2007 opinion from VA OAG that says that police officers can arrest for criminal violations and that is in this VA OAG opinion dated 8/3/10: http://www.oag.state.va.us/Media an...eases/Cuccinelli/8310_Immigration_Status.html
But that does seem to indicate a precedent for enforcing federal law by Virginia police.
Added: I have only thus far found information regarding any Virginia police officer's ability to enforce immigration law, however in that there is specific mention of a 2007 opinion from VA OAG that says that police officers can arrest for criminal violations and that is in this VA OAG opinion dated 8/3/10: http://www.oag.state.va.us/Media an...eases/Cuccinelli/8310_Immigration_Status.html
But that does seem to indicate a precedent for enforcing federal law by Virginia police.
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