Open Carry Rules

Hey, where would we be without rules?
New members, please take a moment to read here.

Open Carry Rules

Postby Liberty4me » Mon, 28 Mar 2011 16:40:16

I'm trying to figure out - with some certainty - the age requirement for carrying a handgun openly in Virginia. I thought it was 18 and I did my best to research the law (I'm not a lawyer).

My 19-year old son was recently pulled over for a minor traffic infraction. He had a holstered handgun on the passenger seat next to him. The police officer returned the gun and ammunition to him and told my son that he wasn't going to be in any trouble for it this time, but the law mandated a minimum age of 21 to possess a handgun.

I know you have to be 21 to purchase a handgun from an FFL or to buy handgun ammunition (federal law). However, I thought the age to possess and carry open in Virginia was 18. Can anyone give me the facts on this? Thanks so much.


User avatar
Liberty4me
Pot Shot
Pot Shot
 
Posts: 3
Joined: Mon, 28 Mar 2011 16:18:17

Re: Open Carry Rules

Postby Vahunter » Mon, 28 Mar 2011 16:52:28

18 to possess, 21 to buy from a FFL and get a CHP. 18 can buy from a private party.


User avatar
Vahunter
Sharp Shooter
Sharp Shooter
 
Posts: 1508
Joined: Thu, 05 Mar 2009 17:07:05
Location: Charlotte County
First Name: Henry

My Arsenal:
All my guns were lost in a tragic duck hunting accident when the boat over turned.

Re: Open Carry Rules

Postby Chasbo00 » Mon, 28 Mar 2011 16:53:35

"It shall be unlawful for any person under 18 years of age to knowingly and intentionally possess or transport a handgun or assault firearm anywhere in the Commonwealth."

http://leg1.state.va.us/cgi-bin/legp504 ... 18.2-308.7
Competition is one of the "great levelers" of ego.


Active, Reserve or Veteran of the United States Army   National Rifle Association (NRA) Member   United States Practical Shooting Association (USPSA) Member   International Defensive Pistol Association (IDPA) Member   Second Amendment Foundation (SAF) Member  
User avatar
Chasbo00
Sharp Shooter
Sharp Shooter
 
Posts: 1687
Joined: Mon, 08 Mar 2010 19:34:29
Location: Northern VA
First Name: Charlie

Re: Open Carry Rules

Postby Liberty4me » Mon, 28 Mar 2011 16:57:11

Thank you very much. I wonder why police are so often uninformed on this law?


User avatar
Liberty4me
Pot Shot
Pot Shot
 
Posts: 3
Joined: Mon, 28 Mar 2011 16:18:17

Re: Open Carry Rules

Postby OakRidgeStars » Mon, 28 Mar 2011 19:13:35

Liberty4me wrote:Thank you very much. I wonder why police are so often uninformed on this law?


You would be surprised how many lawyers can make a good living of that very thing.
"Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote." - Benjamin Franklin


Virginia Citizens Defense League (VCDL) Member   Virginia Shooting Sports Association (VSSA) Member   Gun Owners of America (GOA) Member   Oath Keepers (OK) Member   Second Amendment Foundation (SAF) Member  
User avatar
OakRidgeStars
VGOF Gold Supporter
VGOF Gold Supporter
 
Posts: 12386
Joined: Sun, 22 Mar 2009 10:13:20
Location: Virginia Beach
First Name: Jay

My Arsenal:
I have no idea what you're talking about

Next Firearm:
Something scary...

Re: Open Carry Rules

Postby Yarddawg » Mon, 28 Mar 2011 20:05:00

Liberty4me wrote:Thank you very much. I wonder why police are so often uninformed on this law?


Unfortunately, there are far too many laws on the books for LEO's to know them all. For the most part, they do an acceptable job.

Since the officer did not try to push the issue, I believe that the officer was admitting that they did not feel that they were as knowledgeable as they would like to be on the subject.

Did the officer need to make the comment "that he wasn't going to be in any trouble for it this time"? Probably not, since I was not there, I don't know all of the circumstances that may have predicated such a statement. For example, there may have been a perceived action of disrespect towards the officer. Again, I don't know.

Should the officer have stated that the legal age in VA to possess a handgun is 21? Absolutely not! Since the officer wisely decided not to press the matter, I say "no harm, no foul".

Here I will insert the standard disclaimers of IANAL, and YMMV.
Engage your brain!


Virginia Gun Owners Coalition (VGOC) Member  
User avatar
Yarddawg
Sharp Shooter
Sharp Shooter
 
Posts: 990
Joined: Sat, 21 Aug 2010 16:14:28
First Name: Yard

My Arsenal:
Just enough to get in trouble with

Re: Open Carry Rules

Postby gunderwood » Tue, 29 Mar 2011 18:36:46

I had the same thing happen to a friend and they claimed they misread the code which was posted above as "21" vice the very clear "18" is actually is. They even called it into the magistrate and pseudo arrested him (they acted like it, removed him from the scene, impounded his car, but didn't read him his rights or book him...of course they questioned him for hours). Some localities like to harass you, so make sure you son knows how to handle it or else his statements could be used against him.
sudo modprobe commonsense
FATAL: Module commonsense not found.


User avatar
gunderwood
VGOF Platinum Supporter
VGOF Platinum Supporter
 
Posts: 7184
Joined: Sat, 19 Dec 2009 00:28:34

Re: Open Carry Rules

Postby zephyp » Wed, 30 Mar 2011 07:19:30

Gee, I thought most of these folks carried some kind of communications device...like maybe a couple radios in the car, belt radio, cell phone, etc, etc, etc...how difficult is it to make a quick call to someone knowledgeable and ask a simple question rather than attempting to terrorize a law abiding citizen...

And, before some genius points out that most dispatchers wont know the answer either, the VA Code is posted on line and even most idiots these days know how to use a computer.

I'm not by any stretch of the imagination inferring that LE are idiots, merely saying anyone in doubt can have a code cite pretty quickly if they want one...
No more catchy slogans for me...I am simply fed up...4...four...4...2+2...

Image


User avatar
zephyp
VGOF Platinum Supporter
VGOF Platinum Supporter
 
Posts: 10207
Joined: Tue, 05 May 2009 08:40:55
Location: Springfield, VA
First Name: DK

My Arsenal:
My Favs:
Whatever gets the job done.

Next Firearm:
M-1 Garand

Re: Open Carry Rules

Postby Jakeiscrazy » Wed, 30 Mar 2011 15:50:18

zephyp wrote:Gee, I thought most of these folks carried some kind of communications device...like maybe a couple radios in the car, belt radio, cell phone, etc, etc, etc...how difficult is it to make a quick call to someone knowledgeable and ask a simple question rather than attempting to terrorize a law abiding citizen...

And, before some genius points out that most dispatchers wont know the answer either, the VA Code is posted on line and even most idiots these days know how to use a computer.

I'm not by any stretch of the imagination inferring that LE are idiots, merely saying anyone in doubt can have a code cite pretty quickly if they want one...


Better yet carry the code on you! Thats what I do, I keep a small excerpt in my wallet that pertains to the stuff I carry. There is less arguing when your informed enough to pull it out of your very own pocket and have them read it.
“Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy, its inherent virtue is the equal sharing of misery.”
-Winston Churchill


Virginia Citizens Defense League (VCDL) Member  
User avatar
Jakeiscrazy
VGOF Silver Supporter
VGOF Silver Supporter
 
Posts: 3484
Joined: Thu, 30 Jul 2009 10:06:02
Location: Chesterfield, VA
First Name: Jake

My Arsenal:
.22 Springfield 87a
Ruger 10/22
S&W M&P 9mm
Remington 870

Next Firearm:
AR or AK variant

Re: Open Carry Rules

Postby davasmith » Wed, 30 Mar 2011 16:22:22

Maybe ya'll in the northern part of the state can get together and post some signs on the side of the road, or perhaps get some bulletin boards that state the laws and codes pertaining to open carry, concealed carry and possession with the help of our new governor? MAYBE.


User avatar
davasmith
Sharp Shooter
Sharp Shooter
 
Posts: 784
Joined: Sat, 01 Jan 2011 09:22:53
First Name: Joshua

My Arsenal:
A sharp wit, and a big stick.... shhhh...

Next Firearm:
Class 3 Form 4 ???

Re: Open Carry Rules

Postby moss20 » Wed, 30 Mar 2011 16:35:37

I went to Va. State Police & NRA websites and printed the gun laws listed on both and keep them in my glovebox just in case I come across an ill informed LEO. Your son might want to do the same.
Improvise, Overcome, Adapt

The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.
T Jefferson

4-H Certified Shotgun, Rifle, Pistol, Archery & Muzzleloading Instructor
NRA/ATA Shotgun Coach


National Rifle Association (NRA) Member   Oath Keepers (OK) Member  
User avatar
moss20
Sharp Shooter
Sharp Shooter
 
Posts: 1423
Joined: Mon, 18 May 2009 23:37:55
Location: Shen. Valley
First Name: Doug

My Arsenal:
One for every occasion ....... like shoes

Next Firearm:
Whatever I can find that interest me

Re: Open Carry Rules

Postby gunderwood » Wed, 30 Mar 2011 16:41:58

Printing out the code (not just the words, but the reference/url/etc.) is a great idea.
sudo modprobe commonsense
FATAL: Module commonsense not found.


User avatar
gunderwood
VGOF Platinum Supporter
VGOF Platinum Supporter
 
Posts: 7184
Joined: Sat, 19 Dec 2009 00:28:34

Re: Open Carry Rules

Postby TimberWolf » Sat, 02 Apr 2011 17:08:13

My concealed instructor was a retired cop. He said if the cop mis-stated the law, hassled you or ran the serial number on your gun (without cause) then you shouldn't argue with the cop at the stop, but you should call their supervisor later. He said if the officer is ill-informed or mis-informed then arguing is just going to aggravate the officer.

If they actually arrest you then I wouldn't said a word until have a lawyer present. Anything you say can and will be used against you. The key word being "against".
"Though defensive violence will always be 'a sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men."

- St. Augustine


User avatar
TimberWolf
On Target
On Target
 
Posts: 25
Joined: Sat, 26 Mar 2011 17:18:53

Re: Open Carry Rules

Postby Jakeiscrazy » Sat, 02 Apr 2011 22:12:12

TimberWolf wrote:My concealed instructor was a retired cop. He said if the cop mis-stated the law, hassled you or ran the serial number on your gun (without cause) then you shouldn't argue with the cop at the stop, but you should call their supervisor later. He said if the officer is ill-informed or mis-informed then arguing is just going to aggravate the officer.

If they actually arrest you then I wouldn't said a word until have a lawyer present. Anything you say can and will be used against you. The key word being "against".


Mostly true but if a little trouble can be avoided but cited the law then I'm all for it. Also according to a rep for FairFax PD if you ask them to call their supervisor on seen they are obligated to.
“Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy, its inherent virtue is the equal sharing of misery.”
-Winston Churchill


Virginia Citizens Defense League (VCDL) Member  
User avatar
Jakeiscrazy
VGOF Silver Supporter
VGOF Silver Supporter
 
Posts: 3484
Joined: Thu, 30 Jul 2009 10:06:02
Location: Chesterfield, VA
First Name: Jake

My Arsenal:
.22 Springfield 87a
Ruger 10/22
S&W M&P 9mm
Remington 870

Next Firearm:
AR or AK variant

Re: Open Carry Rules

Postby SgtBill » Sun, 03 Apr 2011 10:48:43

Also according to a rep for FairFax PD if you ask them to call their supervisor on seen they are obligated to.[/quote]

Not realy true. Depending on the Department's policy and proceedures will decide if a Supervisor will come to the sceen. Some Departments will wait untill it gets within the wall's of the department before a supervisor will get involved. Also remember that you just might piss off the LEO when you ask for his Supervisor to appear on the sceen. Your choice.
:roll:
Bill


Active, Reserve or Veteran of the United States Marine Corps   Active, Reserve or Veteran of the United States Air Force  
SgtBill
VGOF Silver Supporter
VGOF Silver Supporter
 
Posts: 1626
Joined: Tue, 02 Jun 2009 09:31:47
Location: Charlotte County Va.
First Name: Bill

My Arsenal:
Too many to list.

Re: Open Carry Rules

Postby Jakeiscrazy » Sun, 03 Apr 2011 15:22:32

SgtBill wrote:Also according to a rep for FairFax PD if you ask them to call their supervisor on seen they are obligated to.


Not realy true. Depending on the Department's policy and proceedures will decide if a Supervisor will come to the sceen. Some Departments will wait untill it gets within the wall's of the department before a supervisor will get involved. Also remember that you just might piss off the LEO when you ask for his Supervisor to appear on the sceen. Your choice.
:roll:
Bill[/quote]

Yeah it also seems like it would piss of the supervisor a little.
“Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy, its inherent virtue is the equal sharing of misery.”
-Winston Churchill


Virginia Citizens Defense League (VCDL) Member  
User avatar
Jakeiscrazy
VGOF Silver Supporter
VGOF Silver Supporter
 
Posts: 3484
Joined: Thu, 30 Jul 2009 10:06:02
Location: Chesterfield, VA
First Name: Jake

My Arsenal:
.22 Springfield 87a
Ruger 10/22
S&W M&P 9mm
Remington 870

Next Firearm:
AR or AK variant

Re: Open Carry Rules

Postby SgtBill » Mon, 04 Apr 2011 09:18:41

Not all supervisors would get pissed off. I got called many times and for the most part I stayed professional about the request to see me. Altho there were times when a request to see a supervisor would piss me off to no end when I was tied up with something that was a hell of a lot more important to Public Safety.
Bill


Active, Reserve or Veteran of the United States Marine Corps   Active, Reserve or Veteran of the United States Air Force  
SgtBill
VGOF Silver Supporter
VGOF Silver Supporter
 
Posts: 1626
Joined: Tue, 02 Jun 2009 09:31:47
Location: Charlotte County Va.
First Name: Bill

My Arsenal:
Too many to list.

Re: Open Carry Rules

Postby zephyp » Tue, 05 Apr 2011 05:22:33

TimberWolf wrote:My concealed instructor was a retired cop. He said if the cop mis-stated the law, hassled you or ran the serial number on your gun (without cause) then you shouldn't argue with the cop at the stop, but you should call their supervisor later. He said if the officer is ill-informed or mis-informed then arguing is just going to aggravate the officer.

If they actually arrest you then I wouldn't said a word until have a lawyer present. Anything you say can and will be used against you. The key word being "against".


Yep, if you aggravate them then you run the risk of getting into a situation where you actually do break the law.
No more catchy slogans for me...I am simply fed up...4...four...4...2+2...

Image


User avatar
zephyp
VGOF Platinum Supporter
VGOF Platinum Supporter
 
Posts: 10207
Joined: Tue, 05 May 2009 08:40:55
Location: Springfield, VA
First Name: DK

My Arsenal:
My Favs:
Whatever gets the job done.

Next Firearm:
M-1 Garand

Re: Open Carry Rules

Postby ShortMan » Thu, 05 May 2011 12:16:01

If you really think about it, kinda stupid that an 18 year old can own and carry a pistol, but cant buy it.
Understandable that many people (even cops) would get confused on the issue.

On an unrelated note, I would never have a gun in my car anywhere except on my person (pocket or hip) or in a case in the trunk or back seat. Any gun in your car should be under your direct control or locked away and unloaded.
Leaving it on the passengers seat, loaded, is not such a great idea. If he slams the brakes the gun will launch forward off the seat. Or at a stop some slick bastard might smash the window and nab it.


User avatar
ShortMan
Sharp Shooter
Sharp Shooter
 
Posts: 268
Joined: Fri, 30 Jul 2010 10:16:19
Location: Manassas Park
First Name: Short

My Arsenal:
92FS compact L
Colt 1903
Glock 17
Kahr M1 Carbine
Kimber Custom 2 TLE
Mossberg .410
Ruger Mark III Hunter / LCP
Sig P238 / P290

Next Firearm:
Walther PPK or Sig P232.

Re: Open Carry Rules

Postby gunderwood » Thu, 05 May 2011 12:49:21

ShortMan wrote:If you really think about it, kinda stupid that an 18 year old can own and carry a pistol, but cant buy it.
Understandable that many people (even cops) would get confused on the issue.

They can buy it, they just can't buy it from a FFL.
sudo modprobe commonsense
FATAL: Module commonsense not found.


User avatar
gunderwood
VGOF Platinum Supporter
VGOF Platinum Supporter
 
Posts: 7184
Joined: Sat, 19 Dec 2009 00:28:34

Next


ads

Return to Rules and Regulations

Who is online

Registered users: Chasbo00, dorminWS, Google [Bot], Google Feedfetcher, Majestic-12 [Bot], WRW, Yahoo [Bot]

Shop Here!
Help support VGOF!


AIG Tactical - Do it now!
Red Stitch Tactical