Virginia Gun Owners Forum - VGOF

Okay, so i went to Swaders to take my son to the kid zone there. I did not choose to carry due to my son wanting me to climb in the obstacle course with him. My question is this-

Let's assume I chose to carry there. If I wanted to take my son through the obstacle course/jungle gym, would there be a legal way to let my wife hold my pistol? Note: my wife does NOT have a CHP and would not be comfortable OC'ing.

Could I have unloaded it and put it in her purse for the time being? i.e put the unloaded pistol in her purse and kept the mag in my pocket? (Its a Kahr CM9... the mag is a tiny 6 rnd)

Thanks all...

Dave

I'm afraid not. It's illegal to carry a concealed handgun, even an unloaded one, in Virginia without a permit unless you meet one the specific exceptions mentioned in the law. Your stated situation does not fall under one of Virginia's concealed weapon exceptions. However, if your wife did not conceal the handgun - no problem.

Agreed. Good choice in not carrying. The few times I've gone places where I couldn't carry I just left it in a locked glove box.

Chasbo00 wrote:I'm afraid not. It's illegal to carry a concealed handgun, even an unloaded one, in Virginia without a permit unless you meet one the specific exceptions mentioned in the law. Your stated situation does not fall under one of Virginia's concealed weapon exceptions.

I agree with all of the above.

Chasbo00 wrote:However, if your wife did not conceal the handgun - no problem.

Not sure about this part - could he just hand his holstered sidearm to his wife and let her hold it? Clip it to her pants? Is it legal to Open Carry a holstered firearm in your hands?

allingeneral wrote: Not sure about this part - could he just hand his holstered sidearm to his wife and let her hold it? Clip it to her pants? Is it legal to Open Carry a holstered firearm in your hands?

The proper question, is it illegal to open carry a holstered firearm in your hands? And the answer is; no. Carrying an unconcealed weapon in Virginia is not illegal. This is why you won't find any Virginia law saying it's OK to open carry a firearm. Hence, you also won't see any laws addressing how to carry an unconcealed firearm.

You do see a whole laundry list of exceptions about concealed handgun carrying because it is against Virginia law to carry a concealed handgun.

Chasbo00 wrote:

allingeneral wrote: The proper question, is it illegal to open carry a holstered firearm in your hands? And the answer is; no. Carrying an unconcealed weapon in Virginia is not illegal. This is why you won't find any Virginia law saying it's OK to open carry a firearm. Hence, you also won't see any laws addressing how to carry an unconcealed firearm.

Holstered or not, carrying a firearm in your hands would be brandishing. Brandishing at a kid's fun park would land you in jail very quickly.

A better question would be, unless she's disqualified for some reason, why does your wife not have a CHP? You can't always be there to protect her.

Stratojaxter wrote:
Holstered or not, carrying a firearm in your hands would be brandishing. Brandishing at a kid's fun park would land you in jail very quickly.

Brandishing in VA requires that one hold the weapon "in such manner as to reasonably induce fear in the mind of another." Casually holding a holstered pistol in the open does not constitute reasonably inducing fear. However, as the OP stated in his post, his wife did not feel comfortable doing that. I would not either, especially in a public kid's play area. Just because something may be legal does not mean it's a wise thing to do. Walking into a fast-food restaurant with an AR slung over your shoulder is legal too - not very smart though.