Open Carry questions, I'm new to VA

[ShotgunBlast]

"Consuming an alcoholic beverage in ABC on-premise licensed restaurants and clubs, while carrying a concealed handgun, is prohibited. Openly carrying and consuming an alcoholic beverage is permitted. No person may carry a concealed handgun in a public place while under the influence of alcohol or illegal drugs."

While I'm not a fan of firearms mixed with alcohol, open carry is the way to go.

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[cham89]

"Consuming an alcoholic beverage in ABC on-premise licensed restaurants and clubs, while carrying a concealed handgun, is prohibited. Openly carrying and consuming an alcoholic beverage is permitted. No person may carry a concealed handgun in a public place while under the influence of alcohol or illegal drugs."

While I'm not a fan of firearms mixed with alcohol, open carry is the way to go.

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Besides being in the bar, which I wouldnt want to OC at a bar either, I was wondering more towards when you drive home if I had locked my gun in the car prior to drinking. Mainly because I found:



§ 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry; penalty.

"J1. Any person permitted to carry a concealed handgun, who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place, shall be guilty of a Class 1 misdemeanor."

So my question there being, is driving home after drinking a few, not with the gun "on" you but locked up in the car count as carrying? Or driving down the road being a "public place"?

[newdovo]

So my question there being, is driving home after drinking a few, not with the gun "on" you but locked up in the car count as carrying? Or driving down the road being a "public place"?

I would think the open road would be considered a public place. If you choose to drink "a few" and have your gun with you, I would unload it, take out the magazine, lock the gun in the trunk, and store the mag separate from it.
If the worst happened, you were pulled for DUI, and found to have a gun, at least your lawyer could argue that it was unloaded and stored where you did not have access to it. Yeah, you could try for the "I wasn't actually carrying it" or "the road's not a public place" options, too. If you need to split hairs on whether you're considered to be carrying or not after drinking a few, leave the gun at home.
If you go out to dinner, decide to have one or two over time, and are certain that you could not be considered to be under the influence, secure it where no one could steal it from your car while you're in the restaurant. If you're not under the influence, it's a non-issue.

[jdonovan]

however, when I spoke to someone from the firearms division of the state police on the phone (I dont think she was an officer, at least from what I could tell) she claimed that when open carrying the pistol had to be completely unloaded, with the magazine out. Can anyone provide any more information on this question?

Never ever ever ever ask a cop, or their departments for legal advice. EVER.

[ProShooter]

Besides being in the bar, which I wouldnt want to OC at a bar either, I was wondering more towards when you drive home if I had locked my gun in the car prior to drinking. Mainly because I found:


So my question there being, is driving home after drinking a few, not with the gun "on" you but locked up in the car count as carrying?

When the gun is "on or about your person", you are carrying it. In the trunk is considered to be "transporting" it.

Or driving down the road being a "public place"?

Yes

[MarcSpaz]

Carry Condition 1, or "locked and loaded". Too much of a gamble to think that you will have time to chamber a round if the need ever arises to defend yourself.

Not only do I carry locked and loaded, my carry pistol doesn't have a safety. I don't want to get killed because I had to turn the safety off, chamber a round, ....damn, the palm safety wasn't pressed hard enough while we struggled and it wouldn't fire... yea... forget that.

"I would think the open road would be considered a public place."... "you could try for the "I wasn't actually carrying it" or "the road's not a public place" options, too."

Actually, although one would potentially operate a vehicle on public roads, the vehicle itself and everything inside of your vehicle is considered private property. This is why exceptions are made with regard to concealment laws inside your house, place of business and your vehicle.

§ 18.2-308.
A. "If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon..." "...he shall be guilty of a Class 1 misdemeanor."

B. This section shall not apply to any person while in his own place of abode or the curtilage thereof.

Except as provided in subsection J1, this section shall not apply to:

1. Any person while in his own place of business;

10. Any person who may lawfully possess a firearm and is carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel;


Regardless of what the laws are, my advice is to never drink when you have access to a weapon, a car or anything else that you could do potential harm to yourself or others with.

[cham89]

what is the law regarding leaving your weapon locked in the glovebox of your car when you exit the car to go in somewhere, like for example you're carrying and know that a store you need to stop at prohibits firearms. Is it legal to disarm, just leave the weapon locked inside the glovebox, then re-arm when you come back to the vehicle? does it have to be unloaded prior to leaving it in the vehicle? I looked around through the laws but couldnt find anything specific to this

[jdonovan]

Well the law generally isn't going to give you specific instructions on how to handle every situation.

your locked car is a locked container, and as long as the property owner doesn't prohibit firearms on the property you should be OK.

If the property owner prohibits firearms on the property, then locked in your car in ANY condition is not legal.

[2k05gt]

Well the law generally isn't going to give you specific instructions on how to handle every situation.

your locked car is a locked container, and as long as the property owner doesn't prohibit firearms on the property you should be OK.

If the property owner prohibits firearms on the property, then locked in your car in ANY condition is not legal.

Correct,
Like a Post Office or any Government Property for that matter does not allow firearms period on their property.
I work for a Government Agency and on the days I go to the range at lunch, I have to park my car across the street in public parking lot.

Prohibited places include: courthouses, air carrier terminals, schools, Capital and General Assembly buildings (open carrying only, members of the General Assembly and those with a valid CHP are permitted in the Capitol General Assembly buildings), and churches, though some exceptions apply, including a 2011 Attorney General opinion that personal protection constitutes good and sufficient reason to carry at a church. George Mason University, Virginia Commonwealth University, Virginia Tech, Department of Game and Inland Fisheries, and the Department of Conservation and Recreation also have regulations restricting or prohibiting firearms. The Department of Forestry repealed its prohibition on the possession of firearms in designated recreation areas. The Department of Forestry's regulations no longer prohibit the lawful carrying of firearms and ammunition. The new regulation took effect July 7, 2011.

The NRA has a comprehensive list of Firearms Laws for each State: Virginia

Virginia State Parks Summary

Virginia State Police Letter Confirming Legality of Open Carry (PDF)
Virginia State Police – Firearms Reciprocity/Recognition
Virginia State Police – Where Unlawful to Carry

[2k05gt]

here is an article about Starbucks open carry Policy

[drakb]

[Hawaiianbro]

Best advise take it home and leave it. Do NOT drink alcohol if you are carrying or just have it in the glove box of the vehicle.

I'd suggest taking a conceal carry course that talks about laws and rules. Plus you can put paper work in to get your conceal lisence. Mine took 2 weeks.

As well welcome to Virginia!

[ProShooter]

I'd suggest taking a conceal carry course that talks about laws and rules.

I agree! Here it is - http://proactiveshooters.com/general-co ... rry-in-va/