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Moving to virginia soon. what's the laws.

tronson

Regular Member
Joined
Jan 13, 2010
Messages
74
Location
, ,
my wife is active duty military and we are moving to dahgren area. what are the oc and cc laws in virginia?
 

fully_armed_biker

Regular Member
Joined
Aug 27, 2009
Messages
463
Location
Portsmouth, Virginia, USA
Well, let me be the first to welcome you to Virginia then! Hopefully you're coming here from a more restrictive state...and find the new found freedoms as wonderful as I did, coming from Illinois.

In a nutshell, OC is legal unless otherwise prohibited by law...mainly private property where posted, courthouses, and K-12 school property. We have preemption in VA, so localities cannot make up their own laws regarding firearms. CC is the same with the exception of K-12 school property...you can carry, if you have a CHP, as long as you remain in your vehicle. Do some reading on this forum and it will all become pretty clear.
 

ed

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Loudoun County - Dulles Airport, Virginia, USA
my wife is active duty military and we are moving to dahgren area. what are the oc and cc laws in virginia?

Welcome to VA. Sign up for the VCDL alerts at VCDL.ORG and that will keep you informed as will this web site. The Alerts are free and when you see what a great org the VCDL is, you can join for only $25 per year.

Ed
 

Colt 1911

Regular Member
Joined
Jul 17, 2010
Messages
39
Location
Virginia tidewater area
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+15.2-915

§ 15.2-915. Control of firearms; applicability to authorities and local governmental agencies.

A. No locality shall adopt or enforce any ordinance, resolution or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.

Nothing in this section shall prohibit a locality from adopting workplace rules relating to terms and conditions of employment of the workforce. Nothing in this section shall prohibit a law-enforcement officer, as defined in § 9.1-101 from acting within the scope of his duties.

The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail or juvenile detention facility.

B. Any local ordinance, resolution or motion adopted prior to the effective date of this act governing the purchase, possession, transfer, ownership, carrying or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid.

C. In addition to any other relief provided, the court may award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in an action challenging (i) an ordinance, resolution, or motion as being in conflict with this section or (ii) an administrative action taken in bad faith as being in conflict with this section.

(1987, c. 629, § 15.1-29.15; 1988, c. 392; 1997, cc. 550, 587; 2002, c. 484; 2003, c. 943; 2004, cc. 837, 923; 2009, cc. 735, 772.)



I had to talk to, state police, sheriff, police, NO ONE HAD A PROPER ANSWER! talked to lawyer said yes state overrides this, even talked to VCDL

Really carry a tape recorder

I am not a lawyer
 
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skidmark

Campaign Veteran
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Jan 15, 2007
Messages
10,449
Location
Valhalla
Another welcome to the Old Dominion.

The folks who have been around for a while (including me) sometimes get a bit peckish ay being asked over and over again to give a full and complete presentation of the handgun and other firearm laws. Don't mind us, it's just that we've been asked so many times we sort of guessed everybody had it down pat by now.

If you have a specific question - like "Can I open carry in church?" or "Is it true that even folks locked up in jail can carry because of the preemption law?" then fire away. If you are looking for general info the resources/web sites cited ought to cover just about everything you might be looking for.

If you and/or your wife have a state permission slip to carry concealed from where you are coming from, check the State Police web site to see if Virginia honors it. Your wife should be OK for the duration of her assignment to Virginia, but if you are not military you need to get right with the powers that be within 60 days as you will be considered a Virginia resident at the end of that time - drivers license, auto registration if it's not already in the wife's name, voter registration, income tax and all that sort of stuff which may include your concealed carry permission slip. (It depends on how both Virginia deals with a resident permit from another state vs. you being a Virginia resident and how the issuing state deals with you now being a Virginia resident.)

Most importantly, do not just throw away your permit from some other place, as it can be used as your qualifying credential for a Virginin CHP. (see Section G.9 of http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308 )

stay safe.
 

TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
Welcome to Virginia.

There are a few regular or semi-regular contributors here from the Fredericksburg / King George area.

Just to state the obvious, of course, NSWC itself is a Navy Base, so all the Navy rules will apply.

TFred
 

t33j

Regular Member
Joined
Dec 28, 2009
Messages
1,384
Location
King George, VA
but if you are not military you need to get right with the powers that be within 60 days as you will be considered a Virginia resident at the end of that time
I don't doubt you Skid but I'm curious about where that number is specified. Got a cite?
 

t33j

Regular Member
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Dec 28, 2009
Messages
1,384
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King George, VA
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peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
And if I don't want to drive, have no competency or am disabled?? This sounds fishy. I guess I'll check the VAC for DMV regs later tonight or tomorrow.

I don't think he does have to.
If he had a Utah permit for instance, he wouldn't need to get a Va Permit at all. As long as Va recognizes his state, I think he's OK. But then again...I'm not a permit expert.
 

1228

Regular Member
Joined
Aug 24, 2008
Messages
24
Location
Chesterfield, Virginia, USA
You may want to drop by the JAG office when you get here. The Military Spouse Relief Act 2009 changed several things as it pertains to spouses who move to another state solely to accompany a military spouse on orders. Spouses now have many of the protections afforded the military member.

Gary
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,449
Location
Valhalla
You may want to drop by the JAG office when you get here. The Military Spouse Relief Act 2009 changed several things as it pertains to spouses who move to another state solely to accompany a military spouse on orders. Spouses now have many of the protections afforded the military member.

Gary

My bad. Please disregard all my comments above, which were made in ignorance of The Military Spouse Residency Relief Act http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:s475enr.txt.pdf . Seems that law does allow the accompanying spouse to remain a legal resident of the "home" state for the duration of the time accompanying the military member.

Be sure to print out and carry a copy of the law - it's short and sweet. It may not prevent you getting a citation for not having Virginia tags/DL but it ought to get the charge(s) dismissed when you discuss the situation with the Commonwealth Attorney before your scheduled court date. ,skidmark says while crossing fingers.>

stay safe.

On a side note - apparently Congress can, if it really wants to, pass a good law.
 

MSC 45ACP

Regular Member
Joined
Apr 23, 2009
Messages
2,840
Location
Newport News, Virginia, USA
Welcome

tronson:

Welcome to Virginia! As long as the AD member's name is on the registration of the vehicle, you can keep it registered in your home state. The AD member does not have to get a VA DL, either. Your Spousal Unit does (unless the law has changed since I retired in 2005).

Dahlgren is an awesome place. Too bad you missed the days of their shooting the 16" battleship guns down the Potomac River. THAT was an awesome sight! They still shoot other cool guns, though.

You can read details about it on the rest of the OCDO site, but I'll give it to you short & sweet: Maryland owns the Potomac River all the way to the low tide line on the VIRGINIA side. That includes the gambling casino in Colonial Beach (near Dahlgren). Don't even THINK about carrying a firearm in the People's Republic of Maryland. You will go to the pokey... for a long time. Rivers and other tributaries in Virginia are NOT Maryland waters as long as you do not venture past an imaginary line drawn from headland to headland on the VA side. Just to be cautious, don't bring no stinkin guns in your boat if you're anywhere near the Potomac River... Ever. Maryland is still kinda touchy about this subject. If you wonder why, just do a search: Oyster Wars on the Chesapeake (and/or Potomac River). Maryland Water Cops have no sense of humor when it comes to firearms. Ever.

Welcome aboard!

Mike
 
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