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A question for the legal history buffs

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A question for the legal history buffs

Postby Chasbo00 » Sun, 01 Jan 2012 16:51:54

When (the specific date) did Virginia first enact a law prohibiting concealed carry? And, if a different date, when did Virginia first allow concealed carry with a permit?
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Re: A question for the legal history buffs

Postby TenchCoxe » Sun, 01 Jan 2012 22:00:12

Virginia went "shall issue" in 1988. Before that, it was "may issue", but some judges didn't like to issue permits. Which is why the legislature followed Florida's lead and modified the law to shall issue.

I would have to do a bunch of research to determine what the statutes were prior to that. But now that you've mentioned it, it is an interesting question.
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Re: A question for the legal history buffs

Postby Chasbo00 » Sun, 01 Jan 2012 22:17:20

I suspect Virginia first outlawed concealed carry before the Civil War. I'm still looking for something definitive.
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Re: A question for the legal history buffs

Postby WRW » Sun, 01 Jan 2012 22:54:35

Chasbo00 wrote:I suspect Virginia first outlawed concealed carry before the Civil War. I'm still looking for something definitive.


http://www.claytoncramer.com/books/concealed.pdf

Somewhere in there was a date of Feb. 2, 1838.


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Re: A question for the legal history buffs

Postby TenchCoxe » Mon, 02 Jan 2012 04:56:18

What you will find is that gun control laws had their origin in making sure black people could not be armed. The article linked above is just one of several that outline the racist roots of gun control.
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Re: A question for the legal history buffs

Postby tursiops » Mon, 02 Jan 2012 09:57:19

TenchCoxe wrote:What you will find is that gun control laws had their origin in making sure black people could not be armed. The article linked above is just one of several that outline the racist roots of gun control.

That's not actually what the book says.
"...this book examines why Southern states took the lead in the adoption of laws regulating the sale and carrying of concealed weapons before the Mexican War. While many of the antebellum weapons laws were associated with the maintenance of slavery, the principle objective of these particular laws had nothing to do with race, but were an attempt to solve the severe problems of "honor violence" associated with the back country culture of the South."
So if you want to call the laws racist, fine, but they are racist about rednecks, not blacks.


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Re: A question for the legal history buffs

Postby Chasbo00 » Mon, 02 Jan 2012 11:01:53

Based on WRW's post having the date of 1838, I was able to better focus my searching regarding my questions. Here is what I found:

Concealed carry was first outlawed in Virginia in 1838.

Concealed carry permits (may issue) for civilians first came about in 1942.

I also found that:

Open carry in Virginia was first outlawed in 1874 and remained in force until 1950.

The best source I found was this 2002 document from VCDL's site:

http://www.vcdl.org/new/CCW_History.pdf
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Re: A question for the legal history buffs

Postby Diomed » Wed, 04 Jan 2012 00:17:57

Chasbo00 wrote:Open carry in Virginia was first outlawed in 1874 and remained in force until 1950.

While I can guess why they outlawed it, does the doc give any indication why it was decriminalized in 1950? My hazy recollection is that the Code was overhauled in 1950, maybe they just left it out and never added it back in. Just wild guessing on my part...


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Re: A question for the legal history buffs

Postby WRW » Wed, 04 Jan 2012 01:11:17

Diomed wrote:
Chasbo00 wrote:Open carry in Virginia was first outlawed in 1874 and remained in force until 1950.

While I can guess why they outlawed it, does the doc give any indication why it was decriminalized in 1950? My hazy recollection is that the Code was overhauled in 1950, maybe they just left it out and never added it back in. Just wild guessing on my part...


Not why, but laws not addressed by the 1950 overhaul were repealed.

http://www.virginia1774.org/History4.html For the OP if not found and read already.


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Re: A question for the legal history buffs

Postby Chasbo00 » Wed, 04 Jan 2012 02:19:50

Diomed wrote:
Chasbo00 wrote:Open carry in Virginia was first outlawed in 1874 and remained in force until 1950.

While I can guess why they outlawed it, does the doc give any indication why it was decriminalized in 1950? My hazy recollection is that the Code was overhauled in 1950, maybe they just left it out and never added it back in. Just wild guessing on my part...


Your wild guessing appears to be on the mark.

In the article, Open Carry is briefly addressed on the bottom of page 6 and the top of page 7:

http://www.vcdl.org/new/CCW_History.pdf
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