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non-resident open carry?

Nascar24Glock

Regular Member
Joined
Jun 29, 2011
Messages
252
Location
Johnson City, TN
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.
 

enigmamdw

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Joined
Nov 24, 2011
Messages
20
Location
Ocean View, Va
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.
 

Dreamer

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Joined
Sep 23, 2009
Messages
5,360
Location
Grennsboro NC
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.
 

Nascar24Glock

Regular Member
Joined
Jun 29, 2011
Messages
252
Location
Johnson City, TN
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.
 

Dreamer

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Sep 23, 2009
Messages
5,360
Location
Grennsboro NC
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...
 
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SouthernBoy

Regular Member
Joined
May 12, 2007
Messages
5,837
Location
Western Prince William County, Virginia, USA
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.
 

Dreamer

Regular Member
Joined
Sep 23, 2009
Messages
5,360
Location
Grennsboro NC
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...
 
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