Is there an OC FAQ on this board?

[macfly]

Hey all, new to the idea of open carry and would love to see a big FAQ page where I can just start reading about all the typical questions people have on carrying/transporting their gun in Virginia. Is there one here that I am just missing?

[RocKor]

I don't think there is one, but honestly I think we can start one right now! Why don't you and other people ask questions you have and then maybe we can make like a new, official-like, organized topic later?

In short if you have any questions why not go ahead and ask? We'll all tell you we're not lawyers but we're willing to help as much as we can.

[Eutaw]

This is less a question and more of a thanks for trying to put up a general discussion on OC laws. I work at a sporting goods store in Fairfax county, and about a week ago three guys showed up in the store (from now on referred to as the "three amigos") asking me about carry laws. They were all in their early twenties.

3 Amigos- "Excuse me sir, we have some questions about firearm carry laws in Virginia."
Me- "Alright, what type of firearm and what would you like to know?"
The three amigos lead me to the air rifle section of the store.
3 Amigos-"Well you see, we have a really really huge tract of forest in our backyard. Lots of trees. Yeah yeah, lots of trees. And we were hoping to carry one of these rifles around."
Me- "Okay, well if you're on your property I think you'll be fine, but let me go grab the lodge manager to make sure you guys are good to go."
3 Amigos- "Well the forest is next to our backyard. And we're worried about cops."
Me- "What? Is it public or private land?"
3 Amigos-" We don't really know. We just don't want to be caught."
Me- "Caught? That's an interesting word choice. May I ask what you want to use it for?"
3 Amigos- "We just want to walk around with it? Does ammo come with the rifle?"
Me- "Let me go get my manager. He has a brother who is a cop and he will probably be able to really help you."
Upon my return, they had vanished. No air rifle was sold.

Not trying to be anti, but I'm pretty sure I just saved someone's eye or stopped something illegal.

I expect my Nobel Peace Prize by the end of the week.

[allingeneral]

As long as they're on their property and they aren't shooting into someone else's yard/property or across a road, I think they're alright, eh? Now, if their back yard is an acre and they have woods adjoining their property that owned by someone else, then I think they'll likely run into a problem if "caught" in the woods that they don't own.


Next question, please?

[macfly]

Cool! great idea. Might as well start somewhere.
In particular I guess I have been wondering about really practical things. I know it is legal to open carry but what about things like driving and transporting your weapon. If I just strap on a holster and walk out to the car can I assume it will be OK? If I am driving around and a cop stops me for a regular traffic stop do I have to announce that I have a handgun on my hip? If there is no registration per se in virginia how does the cop know it is my gun or someone elses? does it matter? if i decide I am in the mood to carry one of my father's nice handguns is that ok? Does it have to be somehow 'registered' to me? One specific example....I moved to virginia a few years ago but have been living abroad in another country for about a year. I am registered to vote in VA and still pay taxes there but dont currently have an ID from there. I moved from NY and had to turn in my NY license to get a drivers license in my current country. So when I go back to VA I drive using my foreign country license. Would this be a problem? Do I have to carry some specific VA ID? sorry for the randomness but these are questions I am wondering about.

[Eutaw]

allingeneral, are those shrimp from the gulf???

On another note, this is a great idea for a discussion board. I'm moving back down to school pretty soon which is down in swva. Pretty sure I'm going to have some questions soon about national parks and wmas.

[allingeneral]

allingeneral, are those shrimp from the gulf???

hahaha that sign is a triple entendre! Nobel, Shrimp and Tacos. Go Obama!

[allingeneral]

Cool! great idea. Might as well start somewhere.
In particular I guess I have been wondering about really practical things. I know it is legal to open carry but what about things like driving and transporting your weapon. If I just strap on a holster and walk out to the car can I assume it will be OK?

The law as of July 1 is that if you OC, you may place your firearm in a glove compartment or center console. Prior to July 1, it had to be in plain view at all times (sitting on a seat or something silly like that)

If I am driving around and a cop stops me for a regular traffic stop do I have to announce that I have a handgun on my hip?

Not required by law, but there are a lot of opinions about this as to the comfort level of yourself and the cop.

If there is no registration per se in virginia how does the cop know it is my gun or someone elses? does it matter? if i decide I am in the mood to carry one of my father's nice handguns is that ok? Does it have to be somehow 'registered' to me?

Doesn't matter - handguns aren't registered in Virginia. I could borrow one from my neighbor and carry it everywhere I go and no one would be the wiser. Now, if the serial number gets run for whatever reason and it comes back as stolen or used in a crime - then you'll have a problem.

One specific example....I moved to virginia a few years ago but have been living abroad in another country for about a year. I am registered to vote in VA and still pay taxes there but dont currently have an ID from there. I moved from NY and had to turn in my NY license to get a drivers license in my current country. So when I go back to VA I drive using my foreign country license. Would this be a problem? Do I have to carry some specific VA ID? sorry for the randomness but these are questions I am wondering about.

I would suggest that if you plan to remain in Virginia for very long, you should go ahead and swing by the DMV and get a new driver's license (or at least a state ID card). I think the law says that you have 30 days to do so if you move into the state anyway. That said - regardless of where you're from or what kind of driver's license you have, you are still within VA jurisdiction and VA laws apply. OC requirements don't delineate between resident and non-resident carry.

I'm sure I said something stupid somewhere in this reply - so just remember that IANAL

[Eutaw]

What about OC rifles during hunting seasons that are not mine? I plan on borrowing my roommate's smaller caliber rifles for squirrel hunting this season.

[allingeneral]

What about OC rifles during hunting seasons that are not mine? I plan on borrowing my roommate's smaller caliber rifles for squirrel hunting this season.

Rifles aren't registered either. There is no state registration - only federal registration requirements for Class III weapons, NFA, etc - which is outside the scope of OC (IMHO).

There are some local ordinances regarding carrying of a rifle/shotgun during hunting season, etc. Check the link in the left menu titled "Hunting Ordinances" for more info

[Eutaw]

Hey now! Thanks for the link. Extremely helpful.

Washington County, in which sits my campus, isn't even on the list. I'm just going to take that as Washington County being a lawless land where your freedom stretches only as far as your last bullet.

I hated math class.

[t33j]

Cool! great idea. Might as well start somewhere.
In particular I guess I have been wondering about really practical things. I know it is legal to open carry but what about things like driving and transporting your weapon. If I just strap on a holster and walk out to the car can I assume it will be OK?

The law as of July 1 is that if you OC, you may place your firearm in a glove compartment or center console. Prior to July 1, it had to be in plain view at all times (sitting on a seat or something silly like that)

Almost... The appropriate phrase is, "hidden from common observation". It is generally accepted that holstered on the hip while in the car (or in a booth at a restaurant) is open carry. If you leave it on the seat (or anywhere off of your person) and it falls under the seat, or say a jacket or map falls on top of it, that is a concealed gun.

If I am driving around and a cop stops me for a regular traffic stop do I have to announce that I have a handgun on my hip?

Not required by law, but there are a lot of opinions about this as to the comfort level of yourself and the cop.

Standing advice is don't notify unless required by law (CC). http://www.examiner.com/x-2782-DC-Gun-R ... ffic-stops

One specific example....I moved to virginia a few years ago but have been living abroad in another country for about a year. I am registered to vote in VA and still pay taxes there but dont currently have an ID from there. I moved from NY and had to turn in my NY license to get a drivers license in my current country. So when I go back to VA I drive using my foreign country license. Would this be a problem? Do I have to carry some specific VA ID? sorry for the randomness but these are questions I am wondering about.

I would suggest that if you plan to remain in Virginia for very long, you should go ahead and swing by the DMV and get a new driver's license (or at least a state ID card). I think the law says that you have 30 days to do so if you move into the state anyway. That said - regardless of where you're from or what kind of driver's license you have, you are still within VA jurisdiction and VA laws apply. OC requirements don't delineate between resident and non-resident carry.

I'm sure I said something stupid somewhere in this reply - so just remember that IANAL

It's 60 days, and I can't find it in the code... it's only on the DMV's website. If you have a link to an actual law, let me know.

[allingeneral]

Cool! great idea. Might as well start somewhere.
In particular I guess I have been wondering about really practical things. I know it is legal to open carry but what about things like driving and transporting your weapon. If I just strap on a holster and walk out to the car can I assume it will be OK?

The law as of July 1 is that if you OC, you may place your firearm in a glove compartment or center console. Prior to July 1, it had to be in plain view at all times (sitting on a seat or something silly like that)

Almost... The appropriate phrase is, "hidden from common observation". It is generally accepted that holstered on the hip while in the car (or in a booth at a restaurant) is open carry. If you leave it on the seat (or anywhere off of your person) and it falls under the seat, or say a jacket or map falls on top of it, that is a concealed gun.

If the officer can't see it in plain view as he approaches your vehicle - I would say that it's open to interpretation whether or not it is hidden from common observation. And that lends to the possibility of being hassled about it and possibly going to court for not "Openly" carrying without a CHP.

So, get a VA DL and a CHP so you don't have to worry about it.

[DWinter]

allingeneral, are those shrimp from the gulf???

hahaha that sign is a triple entendre! Nobel, Shrimp and Tacos. Go Obama!

Dang Rick, You're right. The triple, My wife always blames me for being a "cynical observer" and sometimes I wear that badge with honor but that one got by me. Thanks for picking up the slack. You da man.

Oh yeah, the OC thing, that's a good idea for a sticky if not its own board.

[t33j]

If the officer can't see it in plain view as he approaches your vehicle - I would say that it's open to interpretation whether or not it is hidden from common observation. And that lends to the possibility of being hassled about it and possibly going to court for not "Openly" carrying without a CHP.

So, get a VA DL and a CHP so you don't have to worry about it.

Quite possible. I see it being akin to having your strong side away from an officer. There must be some case law out there on the subject, but I haven't got the time or motivation to look for it. Personally, I don't much plan on placing it on the seat. Leaving that aside, we are fortunate in Virginia that a CHP is not required to carry in a vehicle like many other states.
http://forum.opencarry.org/forums/showt ... ost1312011

[RocKor]

I wouldn't recommend keeping the gun in your holster while driving unless you've got a CHP. "Hidden from common observation" is the standard unless it's in a car compartment, so just throw it in a center console or glove box or get a small under-the-seat box for storage if you're gonna OC without a CHP. I am not a lawyer, but it's always better to err on the side of caution unless you're really wanting to be a test case.

[mrjam2jab]

[quote="t33j"
It's 60 days, and I can't find it in the code... it's only on the DMV's website. If you have a link to an actual law, let me know.[/quote]


VA Title 46.2-308

§ 46.2-308. Temporary exemption for new resident licensed under laws of another state; privately owned vehicle driver's licenses.

A resident over the age of sixteen years and three months who has been duly licensed as a driver under a law of another state or country requiring the licensing of drivers shall, for the first sixty days of his residency in the Commonwealth, be permitted, without a Virginia license, to drive a motor vehicle on the highways of the Commonwealth.

Persons to whom military privately-owned vehicle driver's licenses have been issued by the Department of Defense shall, for the first sixty days of their residency in the Commonwealth, be permitted, without a Virginia license, to drive motor vehicles on the highways of the Commonwealth.

(1976, c. 17, § 46.1-355.1; 1989, cc. 705, 727; 1994, c. 356; 2002, cc. 755, 767, 834.)

[t33j]

[quote="t33j"
It's 60 days, and I can't find it in the code... it's only on the DMV's website. If you have a link to an actual law, let me know.

VA Title 46.2-308

§ 46.2-308. Temporary exemption for new resident licensed under laws of another state; privately owned vehicle driver's licenses.

A resident over the age of sixteen years and three months who has been duly licensed as a driver under a law of another state or country requiring the licensing of drivers shall, for the first sixty days of his residency in the Commonwealth, be permitted, without a Virginia license, to drive a motor vehicle on the highways of the Commonwealth.

Persons to whom military privately-owned vehicle driver's licenses have been issued by the Department of Defense shall, for the first sixty days of their residency in the Commonwealth, be permitted, without a Virginia license, to drive motor vehicles on the highways of the Commonwealth.

(1976, c. 17, § 46.1-355.1; 1989, cc. 705, 727; 1994, c. 356; 2002, cc. 755, 767, 834.)

[/quote]

f***' sweet. Thanks!

[zephyp]

If the officer can't see it in plain view as he approaches your vehicle - I would say that it's open to interpretation whether or not it is hidden from common observation. And that lends to the possibility of being hassled about it and possibly going to court for not "Openly" carrying without a CHP.

So, get a VA DL and a CHP so you don't have to worry about it.

I disagree. About the only way for the officer to see it in plain view as they approach is if its sticking out the window or on the dash. Neither a smart idea. The common interpretation is if its on your right hip and openly visible when you're up and about it does not become concealed merely because you sit down to drive or eat. Recall Proshooters discourse about this: you would have to literally wear it on top of your head.

Having said all that with respect to informing the officer...if you are carrying open and you are asked to exit the vehicle it might be wise to tell them before hand...just sayin.

[gunderwood]

If the officer can't see it in plain view as he approaches your vehicle - I would say that it's open to interpretation whether or not it is hidden from common observation. And that lends to the possibility of being hassled about it and possibly going to court for not "Openly" carrying without a CHP.

So, get a VA DL and a CHP so you don't have to worry about it.

I disagree. About the only way for the officer to see it in plain view as they approach is if its sticking out the window or on the dash. Neither a smart idea. The common interpretation is if its on your right hip and openly visible when you're up and about it does not become concealed merely because you sit down to drive or eat. Recall Proshooters discourse about this: you would have to literally wear it on top of your head.

Having said all that with respect to informing the officer...if you are carrying open and you are asked to exit the vehicle it might be wise to tell them before hand...just sayin.

This topic will go round and round forever unless VA adopts a Constitutional carry law. Until then splitting the difference between OC and CC in some situations will be a grey area. Common sense says DK is right, but our legal system isn't necessarily run that way.