Open Carry questions, I'm new to VA

[cham89]

Hey guys, thanks for any help with these questions. I recently moved here to Farifax County, VA from NJ, and have some questions about Open Carry. Mostly because the state I'm from does not offer any type of carrying, and the whole concept is completely new to me and I'd like to start carrying my Glock 22.

First question is, what is required (permit or otherwise) to Open Carry? and when you open carry does the weapon need to be unloaded? This question is mostly what I'm confused about, since I went and looked on the State Police website and read through the law sections posted there, and could not find a law stating that the weapon needed to be unloaded while open carrying, 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?


My second question is, when open carrying what are the rules regarding when I get in my vehicle? can I leave the pistol on my hip while driving or does the whole holster and pistol need to come off my hip and sit on a seat? I also couldnt find a straight forward answer to this while looking through the law sections on the website.

Thanks in advance for any help!

[SHMIV]

The woman that you spoke to mislead you. Don't carry an unloaded gun; that's just silly.

No permit required for OC. Load it up, strap it on, and roll out. Justpay attention to the signage where ever you go, and stay off of school property.

Make sure that your gun stays visible, unless you have a CHP.

[ Post made via Mobile Device ]

[ShotgunBlast]

First question is, what is required (permit or otherwise) to Open Carry? and when you open carry does the weapon need to be unloaded?

Oh, I'm sorry. Welcome to Virginia, where you are more or less free when it comes to firearms. As stated, OC is pretty straight forward.

From the VSP website regarding carrying in your vehicle:

As of July 1, 2010, a concealed handgun permit is not necessary when 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. The term “secured” as used does not require the compartment to be locked. OAG opinion 11-111.

Or as stated, keep it visible.


Feel free to print your own carry card, courtesy of VCDL: http://oldsite.vcdl.org/pdf/VCDL_Carry_Card.pdf

[allingeneral]

• Always keep your firearm visible when carrying (i.e. not hidden from common observation)
• Don't carry on private property that's posted "No Firearms"
• If asked to leave private property by a representative of that property, then immediately comply
• When driving, secure your firearm in the glove compartment or center console - this is exempt from the "hidden from common observation" rule
• Don't carry on K-12 school property
• Don't carry in a Court Room

I'm sure I missed something and someone else will chime in and fix it for me.

[SHMIV]

When I OC, I keep my gun on my hip when I drive. Have I been wrong, here?

On the occasion that I DO take it off, I do something other than stick it in a glovebox or console; it's too big to fit in either of those places.

[ Post made via Mobile Device ]

[cham89]

First question is, what is required (permit or otherwise) to Open Carry? and when you open carry does the weapon need to be unloaded?

Oh, I'm sorry. Welcome to Virginia, where you are more or less free when it comes to firearms. As stated, OC is pretty straight forward.
e:

Haha thanks. So it is legal to carry loaded then, and this lady I spoke to from the state police is wrong? Just trying to make sure I don't do anything illegal, cause when on the phone she kept referencing virginia 18.2-287.4 which she said states it is unlawful to carry a loaded gun in public, when I read it though it sounds to me that it is talking about guns that have a 20 round or more magazine. When I told her that, she said I was just twisting the words, and that it's illegal. Now I will say though I'm pretty sure this lady is not a state police officer, cause when she answered the phone she said "State police firearms division, this is so and so (regular name) not, this is Officer/Sgt/Patrolman" etc.

[ShotgunBlast]

First question is, what is required (permit or otherwise) to Open Carry? and when you open carry does the weapon need to be unloaded?

Oh, I'm sorry. Welcome to Virginia, where you are more or less free when it comes to firearms. As stated, OC is pretty straight forward.
e:

Haha thanks. So it is legal to carry loaded then, and this lady I spoke to from the state police is wrong? Just trying to make sure I don't do anything illegal, cause when on the phone she kept referencing virginia 18.2-287.4 which she said states it is unlawful to carry a loaded gun in public, when I read it though it sounds to me that it is talking about guns that have a 20 round or more magazine. When I told her that, she said I was just twisting the words, and that it's illegal. Now I will say though I'm pretty sure this lady is not a state police officer, cause when she answered the phone she said "State police firearms division, this is so and so (regular name) not, this is Officer/Sgt/Patrolman" etc.

You are correct. Those magazine size limitations (or threaded barrel limitation) only apply in those specifically listed jurisdictions only. Of course even that doesn't apply if you have a concealed handgun permit anyway.

[allingeneral]

First question is, what is required (permit or otherwise) to Open Carry? and when you open carry does the weapon need to be unloaded?

Oh, I'm sorry. Welcome to Virginia, where you are more or less free when it comes to firearms. As stated, OC is pretty straight forward.
e:

Haha thanks. So it is legal to carry loaded then, and this lady I spoke to from the state police is wrong? Just trying to make sure I don't do anything illegal, cause when on the phone she kept referencing virginia 18.2-287.4 which she said states it is unlawful to carry a loaded gun in public, when I read it though it sounds to me that it is talking about guns that have a 20 round or more magazine. When I told her that, she said I was just twisting the words, and that it's illegal. Now I will say though I'm pretty sure this lady is not a state police officer, cause when she answered the phone she said "State police firearms division, this is so and so (regular name) not, this is Officer/Sgt/Patrolman" etc.

Another thing to consider - the cops aren't necessarily "on your side" especially when it comes to understanding the law (that's what lawyers are for - which I am no one!)

The key provision of 18.2-287.4 that the lady on the phone didn't bother to understand is that it applies only to very specific localities.

open to the public in the Cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, or Virginia Beach or in the Counties of Arlington, Fairfax, Henrico, Loudoun, or Prince William.

[cham89]

Cool, thanks for the info guys. One more question, do most people carry with a round loaded in the chamber or empty chamber?

[OakRidgeStars]

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.

[ShotgunBlast]

Cool, thanks for the info guys. One more question, do most people carry with a round loaded in the chamber or empty chamber?

Somewhere in the Richmond area, ProShooter's ears just perked up.

[allingeneral]

When I OC, I keep my gun on my hip when I drive. Have I been wrong, here?

On the occasion that I DO take it off, I do something other than stick it in a glovebox or console; it's too big to fit in either of those places.

[ Post made via Mobile Device ]

That's a whole different topic that has its own idiosyncrasies. I'm not personally sure how to answer it. Before I got my CHP, there was no allowance for compartment carry, so I used a paddle holster that was easy to remove and place the whole rig on the passenger seat (which I never liked since it was a missile hazard i I ever were in an accident).

[cham89]

When I OC, I keep my gun on my hip when I drive. Have I been wrong, here?

On the occasion that I DO take it off, I do something other than stick it in a glovebox or console; it's too big to fit in either of those places.

[ Post made via Mobile Device ]

That's a whole different topic that has its own idiosyncrasies. I'm not personally sure how to answer it. Before I got my CHP, there was no allowance for compartment carry, so I used a paddle holster that was easy to remove and place the whole rig on the passenger seat (which I never liked since it was a missile hazard i I ever were in an accident).

So without having a CHP, would the best option while driving be to use a paddle holster, and remove the whole set up and place in the glove box? Lets say hypothetically an LEO standing outside near my vehicle in a parking lot for example saw me removing the whole set up, gun still holstered, and placing it in my glove box, is handling a still holstered gun considered brandishing?

[allingeneral]

When I OC, I keep my gun on my hip when I drive. Have I been wrong, here?

On the occasion that I DO take it off, I do something other than stick it in a glovebox or console; it's too big to fit in either of those places.

[ Post made via Mobile Device ]

That's a whole different topic that has its own idiosyncrasies. I'm not personally sure how to answer it. Before I got my CHP, there was no allowance for compartment carry, so I used a paddle holster that was easy to remove and place the whole rig on the passenger seat (which I never liked since it was a missile hazard i I ever were in an accident).

So without having a CHP, would the best option while driving be to use a paddle holster, and remove the whole set up and place in the glove box? Lets say hypothetically an LEO standing outside near my vehicle in a parking lot for example saw me removing the whole set up, gun still holstered, and placing it in my glove box, is handling a still holstered gun considered brandishing?

It's only considered "Brandishing" if it is done for the purpose of intimidating or instilling fear in someone. Just unholstering in your vehicle is not brandishing.

[ProShooter]

Cool, thanks for the info guys. One more question, do most people carry with a round loaded in the chamber or empty chamber?

Somewhere in the Richmond area, ProShooter's ears just perked up.

Oh, my ears perked up when I read the OP was from NJ....home, sweet, home! (and glad I'm outta there!

OP - give me a call with any questions / training needs that you have, and I'll be happy to help.

Jim
Proactive Shooters, LLC
804-282-0214

[ZachRU]

If your open carrying before you get into the car then your still considered open carrying when your in the car. There's no need to remove your firearm. And it is perfectly legal and recommended to carry loaded with one in the chamber.

[cham89]

Well, thanks to Jim and everyone's advice on the open carry laws, I successfully did my first OC this morning put my Blackhawk Serpa paddle holster on, loaded up my Glock 22, locked it in and went for a quick trip tot he local 7-11. To my surprise not a single stare from anyone, and even though I was a little nervous the whole time it wasnt too bad. Looking forward to OC'ing more frequently!

[allingeneral]

Well, thanks to Jim and everyone's advice on the open carry laws, I successfully did my first OC this morning put my Blackhawk Serpa paddle holster on, loaded up my Glock 22, locked it in and went for a quick trip tot he local 7-11. To my surprise not a single stare from anyone, and even though I was a little nervous the whole time it wasnt too bad. Looking forward to OC'ing more frequently!

(5 out of 5)

[ProShooter]

Well done!

[cham89]

Another question that popped up the other day that I'm not sure what the "usual" thing to do would be. Of course I would never consume alcohol while carrying, but what do you do if you're out somewhere away from home with some buddies, happen to be carrying, and the group wants to go grab some beers? is it ok to then disarm and lock the weapon up in my car prior to consuming? or when I go to drive home does just having it in the car count as possessing after consuming alcohol? Or do you flat out have to go back home first and leave the gun there?