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Thread: non-resident open carry?

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    non-resident open carry?

    Ok, I have a question about open carry in Virginia. According to what I can find so far, unlicensed open carry is legal in Virginia (gold star, for that matter). However, someone I know claims that it's for residents only; non-residents need an out-of-state recognized permit (or VA's own non-resident permit) to open carry in VA. Is this true?

    I should note that it's irrelevant for me, since I have a recognized permit anyway. But, I just thought I would look into this, since I usually end up in Virginia once or twice a year.
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    Regular Member ProShooter's Avatar
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    There is no residency requirement for OC.
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    Regular Member enigmamdw's Avatar
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    Old hats will tell you to do a search, as I'm sure this has been covered before or in some old sticky somewhere...I'm not an old hat, so here you go.

    Anyone/Everyone not exempted from owning a handgun is allowed to OC in Virginia without a permit and that goes for most other states not requiring a licence to OC as well.

    I think "someone" is mixing up CC permit requirements with OC regulations.

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    Regular Member Dreamer's Avatar
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    Quote Originally Posted by Nascar24Glock View Post
    Ok, I have a question about open carry in Virginia. According to what I can find so far, unlicensed open carry is legal in Virginia (gold star, for that matter). However, someone I know claims that it's for residents only; non-residents need an out-of-state recognized permit (or VA's own non-resident permit) to open carry in VA. Is this true?

    You need to find people who are better informed to hang out with. Your "friend" is 100% wrong on this issue.

    I'm a NC resident, and EVERY time I have reason to travel in VA, I Open Carry there. (I have a NC CHP, but for OC that is completely irrelevent for OC...)

    Anyone who may legally possess a firearm in VA may OC--no permit or license required. Period. End of discussion.

    Carry on.
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    Quote Originally Posted by Dreamer View Post
    You need to find people who are better informed to hang out with. Your "friend" is 100% wrong on this issue.

    I'm a NC resident, and EVERY time I have reason to travel in VA, I Open Carry there. (I have a NC CHP, but for OC that is completely irrelevent for OC...)

    Anyone who may legally possess a firearm in VA may OC--no permit or license required. Period. End of discussion.

    Carry on.
    Well, it's actually my father. But, he did note that (according to him), this used to be the requirement (perhaps the mixup involved the fact that TN used to be pretty much no-carry at all for a long time).

    Well, thanks for letting me know.
    "Eternal vigilance is the price of liberty."
    "All that is necessary for evil to triumph is for good men to do nothing."
    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." Ben Franklin

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    Regular Member Dreamer's Avatar
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    Quote Originally Posted by Nascar24Glock View Post
    Well, it's actually my father. But, he did note that (according to him), this used to be the requirement (perhaps the mixup involved the fact that TN used to be pretty much no-carry at all for a long time).

    I'm finding that some of the most pervasive "urban legends" about gun law are perpetuated by our venerable "old timers" like fathers, grandfathers, and retired LEOs. My dad and my father-in-law are both life-long gun owners and NRA members. Both have serves in the military. Both are avid sport and hunting shooters, and both have had permits.

    They are also both often wrong on gun law issues, and I've had to point them in the correct direction on several occasions, with regards to things like reciprocity, open carry, prohibited places, vehicle transport, and transfer law.

    The laws have been going through a tremendous period of flux over the last 20 years, and if you're not an "activist", a lawyer, or have an obsession with keeping up on gun law, the stuff that folks "knew" back in the 1960s and 1970s has changed a LOT.

    It's tough on everyone--new gun enthusiasts look to their elders for advice and education, but many of them are ill-informed. The "old timers" want to be helpful and want to keep the "young-un's" out of trouble, but their advice is often outdated and in some cases is just plain wrong, being based on "everyone knows that"...

    I didn't mean to disrespect your father. I'm sure he means well. But he needs to be updated on the law. VA went "Shall Issue" in 1988. Prior to that CC was on a "may issue" basis, but even back then, OC was 100% legal without a permit (but was VERY rare in the urban areas of the state).

    To my knowledge, OC has NEVER required a permit in VA--for residents OR non-residents. As long as a person is not a "prohibited person", OCing a handgun in a holster has, to my knowledge, been generally legal in VA (with a few municipal exceptions over the years) since we won the Revolution...
    Last edited by Dreamer; 01-26-2012 at 01:44 PM.
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
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    Regular Member SouthernBoy's Avatar
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    Quote Originally Posted by Dreamer View Post
    VA went "Shall Issue" in 1988. Prior to that CC was on a "may issue" basis, but even back then, OC was 100% legal without a permit (but was VERY rare in the urban areas of the state).

    To my knowledge, OC has NEVER required a permit in VA--for residents OR non-residents. As long as a person is not a "prohibited person", OCing a handgun in a holster has, to my knowledge, been generally legal in VA (with a few municipal exceptions over the years) since we won the Revolution...
    Shall issue became law in Virginia on July 1, 1995. I was the second recipient in my, then Arlington, county to receive a CHP under the new law.
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    Regular Member Dreamer's Avatar
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    Quote Originally Posted by SouthernBoy View Post
    Shall issue became law in Virginia on July 1, 1995. I was the second recipient in my, then Arlington, county to receive a CHP under the new law.
    You are correct. The Legislature began the move toward Shall Issue in 1988 when they began a series of modifications to the CC permit issuance statutes, because some judges were not renewing or issuing permits unless the applicant had a "good cause" to have a permit.

    The Legislature tried to be nice, and keep it "May Issue" without FORCING the judges to do the right thing, but they refused over and over, until in 1995, the Legislature just dropped the hammer, and statutorily forced all the Circuit Court Judges to work under "Shall Issue" rules.

    Sorry about that. I got the timeline a little bungled. Thanks for the correction...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

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