Virginia Gun Owners Forum - VGOF

I used to open carry, when I was too young to get my concealed weapons permit. I occasionally do so now when I feel it is appropriate or necessary.

I have also started photographing every open carrier I see. The reason is simple: if I can get close enough (within 10ft) to take a steady cell phone photo without them noticing me, I could also be close enough to kill them.

I'm not trying to shame or insult open carriers: I just want to show that the vast majority I see do so without paying enough attention to their surroundings. ---Vuurwapen Blog

skeeterss0 wrote:i do believe he can get in trouble for taking pictures of people without their permission. Public figures give up that right but private citizens do not. It's is the same reason a photographer needs a release to use a models pictures.

§ 18.2-386.1. Unlawful filming, videotaping or photographing of another; penalty.

A. It shall be unlawful for any person to knowingly and intentionally videotape, photograph, or film any nonconsenting person or create any videographic or still image record by any means whatsoever of the nonconsenting person if (i) that person is totally nude, clad in undergarments, or in a state of undress so as to expose the genitals, pubic area, buttocks or female breast in a restroom, dressing room, locker room, hotel room, motel room, tanning bed, tanning booth, bedroom or other location; or (ii) the videotape, photograph, film or videographic or still image record is created by placing the lens or image-gathering component of the recording device in a position directly beneath or between a person's legs for the purpose of capturing an image of the person's intimate parts or undergarments covering those intimate parts when the intimate parts or undergarments would not otherwise be visible to the general public; and when the circumstances set forth in clause (i) or (ii) are otherwise such that the person being videotaped, photographed, filmed or otherwise recorded would have a reasonable expectation of privacy.

B. The provisions of this section shall not apply to filming, videotaping or photographing or other still image or videographic recording by (i) law-enforcement officers pursuant to a criminal investigation which is otherwise lawful or (ii) correctional officials and local or regional jail officials for security purposes or for investigations of alleged misconduct involving a person committed to the Department of Corrections or to a local or regional jail, or to any sound recording of an oral conversation made as a result of any videotaping or filming pursuant to Chapter 6 (§ 19.2-61 et seq.) of Title 19.2.

C. A violation of subsection A shall be punishable as a Class 1 misdemeanor.

D. A violation of subsection A involving a nonconsenting person under the age of 18 shall be punishable as a Class 6 felony.

E. Where it is alleged in the warrant, information, or indictment on which the person is convicted and found by the court or jury trying the case that the person has previously been convicted within the 10-year period immediately preceding the offense charged of two or more of the offenses specified in this section, each such offense occurring on a different date, and when such offenses were not part of a common act, transaction, or scheme, and such person has been at liberty as defined in § 53.1-151 between each conviction, he shall be guilty of a Class 6 felony.

SHMIV wrote:Standing 10 feet away from a guy and snapping a pic with a cell phone proves nothing. Although, it could be counter argued that the cast majority ARE aware, and just feel that it would be unwise to confront the @$$hole with the camera, so they simply ignore him.

skeeterss0 wrote:reference for above statement:

§ 18.2-386.1. Unlawful filming, videotaping or photographing of another;