Virginia Gun Owners Forum - VGOF

by **vooduchkn** » Tue, 18 Oct 2011 18:12:07

Not a debate on which is better, but some questions for the law smart folks in on the board.

I looked at the websites for VA gun laws and applications for permits. I could not figure out the answer to my questions below. I am sure it is out there, still looking, but I thought I would post this up and see if I could get an answer or at least a link.

From the WEBSITE: http://www.vsp.state.va.us/Firearms.shtm

"Are military personnel considered residents or nonresidents for the purpose of a concealed handgun permit? Active military personnel, 21 years of age and older, assigned to a Virginia duty post may apply for a Virginia resident permit, which are issued by the circuit court of the county or city in which the applicant resides. Virginia Code Section 18.2-308 authorizes current military service to be considered proof that the applicant has demonstrated competence with a handgun."

My question pertains to me living in VA but working in DC. We will be there for 4 years. The miltary section on the website says that persons stationed in VA are considered residents. I would be living in VA, but working in DC, technically stationed in DC. I realize I cannot carry in DC or MD.

1. Would I have to apply for a non-resident. I think that If I am living in VA, then I should apply for resident, regardless of where I am stationed.

2. Would my Utah CHP still be valid in state for CCW or would I have to open carry until I get a VA permit?

3. Do you have to have any type of permit to OC?

4. If i am a non-resident, can I just forgoe the VA permit altogether and use my Utah for CCW? (not desired, local LEO are used to the VA permit).

The same applies to my wife, except hers is from Louisiana.

Thoughts?

by **mk4** » Tue, 18 Oct 2011 18:26:20

thanks for your service to the country!

i think that for statute purposes, your duty station as defined in your orders determine the residency status for a chp. so, unless i'm off-base, duty station in dc would not mean resident chp in va. if i'm wrong, i'm sure clarification will be posted shortly.

1- i think it depends on how your orders are worded.
2- va honors utah, so you should be ok for ccw in va.
3- no permit required to oc in va. carry on! beware of oc elsewhere.
4- see #2. local prejudice is always an issue, though.

have a look at: http://www.handgunlaw.us/ for good info on reciprocity and states' laws. another useful website: http://www.carryconcealed.net/.

cheers!

by **OakRidgeStars** » Tue, 18 Oct 2011 18:26:54

1. No, you are a VA resident. Apply for a resident CHP.

2. No, you need a resident permit for the state in which you reside.

3. No. If it's legal for you to possess a firearm, then you can OC.

4. See #1 & #2 above.

by **mk4** » Tue, 18 Oct 2011 18:32:33

@ ORS...

so it's not duty station as listed in orders that holds for residency purposes?

by **vooduchkn** » Tue, 18 Oct 2011 19:44:44

@mk4. Your welcome, it has been my pleasure for 19 years!

Got an email in to the state asking what they think of the situation.

Good deal on OC. Can't wait to get back to the real world (Hawaii is not the USA).

Any laws on printing when CCW? Most OC states don't have printing laws.

by **Chasbo00** » Tue, 18 Oct 2011 20:20:29

OakRidgeStars wrote:2. No, you need a resident permit for the state in which you reside.

What law is this?

by **ProShooter** » Tue, 18 Oct 2011 21:25:16

vooduchkn wrote:1. Would I have to apply for a non-resident. I think that If I am living in VA, then I should apply for resident, regardless of where I am stationed.

2. Would my Utah CHP still be valid in state for CCW or would I have to open carry until I get a VA permit?

3. Do you have to have any type of permit to OC?

4. If i am a non-resident, can I just forgoe the VA permit altogether and use my Utah for CCW? (not desired, local LEO are used to the VA permit).

The same applies to my wife, except hers is from Louisiana.

Thoughts?

You guys are going to confuse the hell out of this poor fellow.

1) If you are now living in Va, you are a resident, no matter what your orders say. (BTW, if your orders say the Pentagon, that is Va.)

2) Your Utah permit is valid for carry in VA. When you go to renew, if you still live in Va. you will need a Va permit to renew your Utah permit.

3) No permit required to OC, but there are some oddball things like OC'ing in the General Assembly Bldg. in Richmond, that requires a permit.

4) Use your Utah permit. You'll be fine. Just be aware of the Federal GFSZA about being in a school zone and having a home state permit, but no one has ever been charged with that violation.

If you are interested, we offer a class on Virginia gun laws, OC, and the like.

by **mk4** » Tue, 18 Oct 2011 23:27:59

ok, Jim... so the only one i was off on was #1. not bad, i'm still learning, with help from folks like you and ORS. :clap:

by **vooduchkn** » Tue, 18 Oct 2011 23:31:50

ProShooter wrote:
vooduchkn wrote:1. Would I have to apply for a non-resident. I think that If I am living in VA, then I should apply for resident, regardless of where I am stationed.

2. Would my Utah CHP still be valid in state for CCW or would I have to open carry until I get a VA permit?

3. Do you have to have any type of permit to OC?

4. If i am a non-resident, can I just forgoe the VA permit altogether and use my Utah for CCW? (not desired, local LEO are used to the VA permit).

The same applies to my wife, except hers is from Louisiana.

Thoughts?

This is what I needed. Thanks!

You guys are going to confuse the hell out of this poor fellow.

1) If you are now living in Va, you are a resident, no matter what your orders say. (BTW, if your orders say the Pentagon, that is Va.)

2) Your Utah permit is valid for carry in VA. When you go to renew, if you still live in Va. you will need a Va permit to renew your Utah permit.

3) No permit required to OC, but there are some oddball things like OC'ing in the General Assembly Bldg. in Richmond, that requires a permit.

4) Use your Utah permit. You'll be fine. Just be aware of the Federal GFSZA about being in a school zone and having a home state permit, but no one has ever been charged with that violation.

If you are interested, we offer a class on Virginia gun laws, OC, and the like.

by **mk4** » Tue, 18 Oct 2011 23:35:57

vooduchkn wrote:Any laws on printing when CCW? Most OC states don't have printing laws.

there is no "failure to conceal" statute in va, that i know of.
be wary though of someone catching a "print" and calling in a mwag to le. there shouldn't be any consequences other than it being a pita. i ccw every day, everywhere i go where legal, and so far i've had zero issues.

by **ProShooter** » Tue, 18 Oct 2011 23:59:02

mk4 wrote:ok, Jim... so the only one i was off on was #1. not bad, i'm still learning, with help from folks like you and ORS.

We'll all figure it out together, eventually!

by **jmicheals1984** » Sun, 15 Jan 2012 02:25:56

I find that the reactions of people can be very different while OCing. Some people are scared and keep their distance, some people don't care, some people even hate me for OCing while others respect me and ask me what I am carrying and if I'd recommend a handgun for them. Be advised that you may get stopped by LEOs and soccer moms might call the Cops on you, though you should have no problem with the LEO just the scared soccer mom.

by **VBshooter** » Mon, 16 Jan 2012 11:10:06

Have been OCing for years and in all that time only had one negative and it was a minor...Went to a Salvation Army Thrift store to look around and about 10 minutes into the visit I was approached by an older gentleman employee who asked me if I had a permit for the gun he saw,, Told him yes and even showed it to him to avoid an incident.. He relaxed and told me some people had mentioned they saw the gun and were nervous/// No problem in my opinion..Once I spoke to him and he saw the permit he went about his business and I continued looking around..I did tell him a permit wasn't necessary to OC but he said it would help the nervous ones if they knew I had one,. Cooperation and cool heads is what kept this incident under control and I got to educate at least one person in the end,,,,

by **jdonovan** » Mon, 16 Jan 2012 12:45:55

ProShooter wrote:1) If you are now living in Va, you are a resident, no matter what your orders say. (BTW, if your orders say the Pentagon, that is Va.)

Wouldn't this change if he was still claiming residency in a previous duty station... say Texas, because of favorable state tax laws?

My understanding was that military has the option on 2 states of residence... They can claim any state because of previously residing there, and the other granted by duty station.

by **Chasbo00** » Mon, 16 Jan 2012 13:17:32

jdonovan wrote:
ProShooter wrote:1) If you are now living in Va, you are a resident, no matter what your orders say. (BTW, if your orders say the Pentagon, that is Va.)

Wouldn't this change if he was still claiming residency in a previous duty station... say Texas, because of favorable state tax laws?

My understanding was that military has the option on 2 states of residence... They can claim any state because of previously residing there, and the other granted by duty station.

Residency requirements for purchasing a gun are different form the residency requirements of the IRS or the Defense Departments rules on "Home of Residence." As an active military person, you have the option of using your permanent station orders location to meet state residency requirements for buying a gun, but you don't have to. You can also use the state in which you currently live to meet residency requirements for purchasing a gun. Hence, depending on where you live and your orders, you may be able to buy handguns in two different states.

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