Bohr
Regular Member
Hi everyone. I'm a nonimmigration alien and holding a J1 visa. I will move to VA by the end of this year. I have finished my concealed weapon course and held a South Carolina Concealed Weapon Permit since last year. It is illegal to carry firearm openly in SC. I have heard about the Open Carry in VA but not sure the gun law fora noncitizen. I have check information and VA code about guns online but didn't get a clear answer. Could I open carry a loaded handgun in VA?
The following are some information I found on the http://www.vsp.state.va.us
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§18.2-308 Prohibits the carrying of any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; 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; or any weapon of like kind by any person hidden from common observance about his person. Any of the enumerated weapons shall be seized and forfeited to the Commonwealth. A weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature.
For my understanding, If your weapon is not concealed, it is legally to carry it.
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Virginia Firearms Transaction Program
On October 22, 1998, as part of the Omnibus Consolidated Emergency Supplemental Appropriations Act of 1999, Pub. L. 105-277, Congress amended the Gun Control Act by creating, with certain exceptions, a new category of persons prohibited from shipping, transporting, receiving, and possessing firearms: any alien "who has been admitted to the United States under a nonimmigrant visa." This prohibition applies to "any alien in the United States in a nonimmigrant status." There are exceptions to the nonimmigrant alien provision. A nonimmigrant alien is not prohibited from purchasing, receiving, or possessing a firearm if the alien: (1) is in possession of a hunting license or permit lawfully issued in the United States; (2) is an official representative of a foreign government who is accredited to the United States Government or their Government's mission to an international organization having its headquarters in the United States; or (3) has received a waiver from the prohibition form the Attorney General of the United States. There also is a process for nonimmigrant aliens to petition the Justice Department to waive the prohibition. Individuals should contact the Bureau of Alcohol, Tobacco, and Firearms if you have questions about the prohibition, its exceptions, or the waiver process.
This part is talking about purchasing, receiving, or possessing a firearm, "open carrying" or "carrying" is not mentioned.
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In "Transporting Firearms through Virginia", they just use "anyone", "anybody" or "any person", etc but no "alien" or "Non-immigration alien" were mentioned.
The following are some information I found on the http://www.vsp.state.va.us
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§18.2-308 Prohibits the carrying of any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; 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; or any weapon of like kind by any person hidden from common observance about his person. Any of the enumerated weapons shall be seized and forfeited to the Commonwealth. A weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature.
For my understanding, If your weapon is not concealed, it is legally to carry it.
-------------------------------
Virginia Firearms Transaction Program
On October 22, 1998, as part of the Omnibus Consolidated Emergency Supplemental Appropriations Act of 1999, Pub. L. 105-277, Congress amended the Gun Control Act by creating, with certain exceptions, a new category of persons prohibited from shipping, transporting, receiving, and possessing firearms: any alien "who has been admitted to the United States under a nonimmigrant visa." This prohibition applies to "any alien in the United States in a nonimmigrant status." There are exceptions to the nonimmigrant alien provision. A nonimmigrant alien is not prohibited from purchasing, receiving, or possessing a firearm if the alien: (1) is in possession of a hunting license or permit lawfully issued in the United States; (2) is an official representative of a foreign government who is accredited to the United States Government or their Government's mission to an international organization having its headquarters in the United States; or (3) has received a waiver from the prohibition form the Attorney General of the United States. There also is a process for nonimmigrant aliens to petition the Justice Department to waive the prohibition. Individuals should contact the Bureau of Alcohol, Tobacco, and Firearms if you have questions about the prohibition, its exceptions, or the waiver process.
This part is talking about purchasing, receiving, or possessing a firearm, "open carrying" or "carrying" is not mentioned.
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In "Transporting Firearms through Virginia", they just use "anyone", "anybody" or "any person", etc but no "alien" or "Non-immigration alien" were mentioned.