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could I be right?

General discussion - Feel free to discuss anything you want here. Firearm related is preferred, but not required

could I be right?

Postby GS78 » Sat, 31 Jul 2010 20:00:38

If memory serves me I cannot sell a handgun to any person without a valid virginia concealed permit IF the weapon has the capacity to hold more than 20 rounds.....is this correct?
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Re: could I be right?

Postby gunderwood » Sat, 31 Jul 2010 20:06:49

The 20 round mag limit is for carrying a handgun. AFAIK, it is legal to own anything you want, just can't carry it.


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Re: could I be right?

Postby GS78 » Sat, 31 Jul 2010 20:12:19

ok so I can sell it without needing to ask those questions then? I hate to ask questions...
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Re: could I be right?

Postby Jakeiscrazy » Sun, 01 Aug 2010 00:02:42

Could you carry a 33 round mag with the handgun just not in it? And does this include plus one?
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Re: could I be right?

Postby Diomed » Sun, 01 Aug 2010 00:26:08

GS78 wrote:ok so I can sell it without needing to ask those questions then? I hate to ask questions...

As far as I know, you don't have to ask any questions. You just have to be reasonably sure they're not a prohibited person. What's reasonably sure? Well...


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Re: could I be right?

Postby wally626 » Sun, 01 Aug 2010 06:40:04

Just for completion the Law:


§ 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.

It shall be unlawful for any person to carry a loaded (a) semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (b) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William.

The provisions of this section shall not apply to law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid concealed handgun permit or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

The exemptions set forth in § 18.2-308 shall apply, mutatis mutandis, to the provisions of this section.

(1991, c. 570; 1992, c. 790; 2003, c. 976; 2004, c. 995; 2005, c. 160; 2007, c. 813.)


The restriction appears to be, equipped with a magazine, so the +1 does not seem to be included.
The restriction also only applies to loaded weapons. So carrying 17+1 in the gun and a spare 33 in the pocket should be OK, but I ain't no lawyer. Of course once you put in the 33rd magazine you would be illegal. No special provision in this section for use of high capacity magazines for self defense, I expect if you were in a "good" shootout where you expended 18 rounds and needed to go to the 33 round back-up, they probably would not be prosecuting for the 33 rd magazine. If you do not have a permit and want to try carrying the extra 33rd magazine I might also be concerned with police that do not interpret the statute the same as me.

On the original question, no need to question buyer about this, because they can carry them unloaded to ranges and the like and can carry them loaded in most of the state without a permit.


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Re: could I be right?

Postby t33j » Sun, 01 Aug 2010 07:39:06

wally626 wrote:Just for completion the Law:


§ 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.

It shall be unlawful for any person to carry a loaded (a) semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (b) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is open to the public in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William.

The provisions of this section shall not apply to law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid concealed handgun permit or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

The exemptions set forth in § 18.2-308 shall apply, mutatis mutandis, to the provisions of this section.

(1991, c. 570; 1992, c. 790; 2003, c. 976; 2004, c. 995; 2005, c. 160; 2007, c. 813.)


The restriction appears to be, equipped with a magazine, so the +1 does not seem to be included.
The restriction also only applies to loaded weapons. So carrying 17+1 in the gun and a spare 33 in the pocket should be OK, but I ain't no lawyer. Of course once you put in the 33rd magazine you would be illegal. No special provision in this section for use of high capacity magazines for self defense, I expect if you were in a "good" shootout where you expended 18 rounds and needed to go to the 33 round back-up, they probably would not be prosecuting for the 33 rd magazine. If you do not have a permit and want to try carrying the extra 33rd magazine I might also be concerned with police that do not interpret the statute the same as me.

On the original question, no need to question buyer about this, because they can carry them unloaded to ranges and the like and can carry them loaded in most of the state without a permit.

+1


I'm also very happy that the OP used the proper phrase, "more than 20 rounds". :clap:


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Re: could I be right?

Postby gunderwood » Sun, 01 Aug 2010 08:28:44

Thank Wally626.

I have 33rnd mags for my Glocks, but they are just range toys. They are way to long to reasonably carry IMO. Sure they fit in a standard mag holder, but if you move at all it will be printing. Far easier and better to carry two regular mags than a single 33 round. Just my two cents.


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Re: could I be right?

Postby Jakeiscrazy » Sun, 01 Aug 2010 23:20:29

Would be nice to keep under a car seat or something.
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Re: could I be right?

Postby gunderwood » Mon, 02 Aug 2010 06:17:13

Jakeiscrazy wrote:Would be nice to keep under a car seat or something.

LE has learned the hard way that if you don't have it on you, you can't count on it. Carry what you think you need on your person, everything else in the vehicle is a nice to have, but you may not be able to get to it.


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