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Clarify some things for me. (New to Va.)

Posted: Thu, 21 Jun 2012 14:19:45
by Wolvee
Reading the threads and the AG's opinion on carry a firearm in your vehicle, I have gathered that I can have a loaded pistol in my car and I can Open carry. I can make the transition to a holster discreetly so that's not an issue.

What is this I'm reading that you "Open Carry" inside your vehicle but that means the pistol can't be hidden. If I'm carrying strong side in my Raven OWB no person will reasonable be able to see it easily. Does this mean that I need to keep my pistol on the dash or in some other "plain sight" area in my vehicle?

Can I use a under the dash mounted holster to secure my weapon for when I'm not carrying it or am sitting inside my vehicle? Or do I need to use the glove box or center counsel?


Also, I carry with +1 in the chamber as I read the AG's opinion that shouldn't matter. ..am I correct?

I have been in the state less than 30 days but I have the CHL paperwork filed out and I'm waiting to send it out.


Thanks,
Mike

This states laws are completely different than Michigans and I'm having a hard time relearning what I need to.

Re: Clarify some things for me. (New to Va.)

Posted: Thu, 21 Jun 2012 14:33:52
by Jakeiscrazy
Reading the threads and the AG's opinion on carry a firearm in your vehicle, I have gathered that I can have a loaded pistol in my car and I can Open carry. I can make the transition to a holster discreetly so that's not an issue.
Correct, although technically the AG opinion is just an opinion and not law.
What is this I'm reading that you "Open Carry" inside your vehicle but that means the pistol can't be hidden. If I'm carrying strong side in my Raven OWB no person will reasonable be able to see it easily. Does this mean that I need to keep my pistol on the dash or in some other "plain sight" area in my vehicle?
This is a matter of some debate. Your right your handgun cannot be "hidden from common observation". In my opinion just because you can't see it from the drivers side doesn't make it hidden from common observation. When open carrying outside of your vechile people can't see your gun from your weak side does that mean your concealing it? No it just mean that they can't can't see it at that angle. It not hidden from common observation. The only way to make your gun always visible would be to mount it on your head. I would also make it a practice of immediately notifying an officer that pulls you over that you are open carrying a firearm just to dispel any notion you were concealing it or attempting to hide it.

Now please remember the above is my OPINION and if you want legal advice talk to a lawyer.

Re: Clarify some things for me. (New to Va.)

Posted: Thu, 21 Jun 2012 15:47:13
by Wolvee
Ok, great that's in line with what I thinking and will keep reading up on the laws and opinions.

When I do get my CPL/CHL, do I have a duty to notify if I'm CC?

Also, What is the states view on presenting ID. In Michigan if you are pulled over while carrying, you have to notify the officer that you're carrying and that you have a permit. (Assuming I have my CHL by this time and am CC.)

Also, Are there any "Stop and ID" laws for Open carry? So I'm OCing, do I have to give up my 4th and present him with my ID?

Re: Clarify some things for me. (New to Va.)

Posted: Thu, 21 Jun 2012 22:56:57
by Jakeiscrazy
Wolvee wrote:Ok, great that's in line with what I thinking and will keep reading up on the laws and opinions.

When I do get my CPL/CHL, do I have a duty to notify if I'm CC?

Also, What is the states view on presenting ID. In Michigan if you are pulled over while carrying, you have to notify the officer that you're carrying and that you have a permit. (Assuming I have my CHL by this time and am CC.)

Also, Are there any "Stop and ID" laws for Open carry? So I'm OCing, do I have to give up my 4th and present him with my ID?
If your pulled over in the state of VA you are required to give license, registration, and proof of insurance but you are not required to notify him your a concealed permit holder or that you are currently carrying. If he asked don't lie but you don't have to tell him.

You might want to double check this next piece of info because it's been a long while since I looked up ID laws.
I believe you are only are required to give your name and address if your just walking out and about and an officer stops you.

As always I'n not a lawyer.

Re: Clarify some things for me. (New to Va.)

Posted: Fri, 22 Jun 2012 07:58:47
by Reverenddel
http://vcdl.org/

They keep the updated laws, and opinions on site... and they fight like the dickens to keep the laws, and further progress gun rights. :clap:

Re: Clarify some things for me. (New to Va.)

Posted: Fri, 22 Jun 2012 08:59:26
by Wolvee
Thanks for the help guys.

Re: Clarify some things for me. (New to Va.)

Posted: Fri, 22 Jun 2012 09:32:15
by YoungGunVA
On top of checking VCDL (you should strongly considering joining them when you get settled down) if you have an android or iPhone you can download the app called "CCW" which has state by state laws and regulations in a really easy to use format.

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Re: Clarify some things for me. (New to Va.)

Posted: Fri, 22 Jun 2012 11:13:01
by ProShooter
You may want to consider taking this class - http://proactiveshooters.com/general-co ... rry-in-va/

It should answer all of your questions.

Re: Clarify some things for me. (New to Va.)

Posted: Wed, 27 Jun 2012 11:32:24
by Wolvee
Is it Ok, carry at Church? In Michigan, you need to get permission. (Which is usually welcome.)


Also, are Signs in front of businesses enough legal notice or do you need to be told by an employee or Police? In Michigan, unless it's a PFZ/CEZ it's perfectly legal to not see the sign but leave or de-gun upon request.

Re: Clarify some things for me. (New to Va.)

Posted: Wed, 27 Jun 2012 11:34:10
by Wolvee
I've been considering OC'ing but IDK how the shops would react in Williamsburg. I'm a little gun shy because so far every place in Va. has been nicer than Michigan and usually in Michigan, it's only the really nice areas that give OC any hassles.

Re: Clarify some things for me. (New to Va.)

Posted: Wed, 27 Jun 2012 14:54:18
by YoungGunVA
Wolvee wrote:I've been considering OC'ing but IDK how the shops would react in Williamsburg. I'm a little gun shy because so far every place in Va. has been nicer than Michigan and usually in Michigan, it's only the really nice areas that give OC any hassles.
Church is still off limits unless the owner gives permission and if you enter an establishment which prohibits firearms, you must leave if asked or it could turn into a trespassing matter. That's from my understanding and education but I am by no means a legal expert blah blah blah

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Re: Clarify some things for me. (New to Va.)

Posted: Mon, 16 Jul 2012 18:53:04
by lizjimbo
If you get a conceal carry permit that will take care of the car thingy. I do believe that your conceal carry permit is known by the state and that it may follow your vehicle registration...so when you get pulled over the LEO may know that you have a conceal carry permit. From everything I have been made aware of it would be polite to tell the LEO you have a permit and you are carrying...don't say gun or weapon...just carrying would be plenty. The LEO will lead the dance from that point on. I have not had any practical experience with that scenario yet nor do I want to scratch that itch...besides, I will only carry when I think it may be the wise choice.

Re: Clarify some things for me. (New to Va.)

Posted: Tue, 17 Jul 2012 03:41:02
by ZachRU
As long as you are open carrying when you get in the car you will be fine. Legally you do not have to show ID if you are stopped walking, whether you decide to or not is up to you. You don't have to tell the officer you are carrying if stopped in car a car either. Personally I feel it would just bring unnecessary complications to the stop such as officers who may want to secure your firearm until the stop is over. I've read of a case where one officer asked a man to hand over his firearm until the stop was over and then his partner opened fire when he saw the man holding the firearm.

I open carry and personally would not give an officer my ID if stopped without probable cause and I will not disclose I have a firearm in my center console of stopped in my car. Of course If I'm stopped on my motorcycle that would be a different story because I will still be open carrying for the officer to see.

You should check out the VA section of Opencarry.org for some more info