Page 1 of 2
Virginia "No Preemption" question re Open Carry
Posted: Sun, 16 Mar 2014 11:01:23
by GettingOld
I was in a class yesterday and the instructor stated that various locations, specifically "Culpepper" & "Richmond", had passed statutes prohibiting open carry in those locations. When I asked about the "no preemption" clause, he said that there were statutes passed in Oct that modified this.
I'm not aware of any such law change in Virginia. Can anyone confirm or deny this?
Thanks!
Re: Virginia "No Preemption" question re Open Carry
Posted: Sun, 16 Mar 2014 13:15:16
by TomVA
This is from the Code of Virginia, § 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.
http://leg1.state.va.us/cgi-bin/legp504 ... 18.2-287.4
"It shall be unlawful for any person to carry a loaded (a) semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (b) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is 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. "
Looks like it only applies to certain locations for certain guns. I don't see Culpepper listed, unless this is not updated.
TomVA
Re: Virginia "No Preemption" question re Open Carry
Posted: Sun, 16 Mar 2014 13:55:38
by JustinCase
No preemption across the state... except for these areas.
A bit of BS if you ask me, Richmond is for sure a place where you want to carry, so I guess its CCW for them, which they CANNOT ban, only OC.
Im pretty damn lucky in Roanoke, OC or CCW or both...
JC
Re: Virginia "No Preemption" question re Open Carry
Posted: Sun, 16 Mar 2014 14:07:44
by ShotgunBlast
JustinCase wrote:No preemption across the state... except for these areas.
A bit of BS if you ask me, Richmond is for sure a place where you want to carry, so I guess its CCW for them, which they CANNOT ban, only OC.
Im pretty damn lucky in Roanoke, OC or CCW or both...
JC
Not even that. The code just says you can't have that center-fire rifle or pistol loaded with a magazine that holds 20 or more rounds or have a silencer on that rifle or pistol. And that restriction goes away if you have a CHP.
Here's the complete statute to eliminate confusion.
§ 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.
It shall be unlawful for any person to carry a loaded (a) semi-automatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material and is equipped at the time of the offense with a magazine that will hold more than 20 rounds of ammunition or designed by the manufacturer to accommodate a silencer or equipped with a folding stock or (b) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered on or about his person on any public street, road, alley, sidewalk, public right-of-way, or in any public park or any other place of whatever nature that is 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.
The provisions of this section shall not apply to law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid concealed handgun permit or to any person actually engaged in lawful hunting or lawful recreational shooting activities at an established shooting range or shooting contest. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.
The exemptions set forth in § 18.2-308 shall apply, mutatis mutandis, to the provisions of this section.
Re: Virginia "No Preemption" question re Open Carry
Posted: Sun, 16 Mar 2014 16:15:31
by MarcSpaz
I seached the code pretty well and didn't see anything outside of what was already shared.
I will look at some of the stuff that passed in October, but its unlikely the online DB has not been updated.
[ Post made via Mobile Device ] 
Re: Virginia "No Preemption" question re Open Carry
Posted: Sun, 16 Mar 2014 16:47:53
by trailrunner
I don't think a state law would be changed or created in October. The general assembly is in session from January - March (sometimes April if a special session is called), and new laws usually begin on 1 July.
Re: Virginia "No Preemption" question re Open Carry
Posted: Sun, 16 Mar 2014 16:55:35
by MarcSpaz
That's what I was thinking... but I had to come to work. Got to get stuff done here before I muck around in the library. LOL
Re: Virginia "No Preemption" question re Open Carry
Posted: Sun, 16 Mar 2014 17:00:03
by MarcSpaz
For those who are interested... this is the code relating to the preemption laws.
§ 15.2-915. Control of firearms; applicability to authorities and local governmental agencies.
http://lis.virginia.gov/cgi-bin/legp604 ... d+15.2-915
Re: Virginia "No Preemption" question re Open Carry
Posted: Sun, 16 Mar 2014 18:55:30
by GettingOld
Thanks all!
Re: Virginia "No Preemption" question re Open Carry
Posted: Sun, 16 Mar 2014 19:04:31
by ProShooter
Sweet baby jeebus, who was this instructor?
Re: Virginia "No Preemption" question re Open Carry
Posted: Sun, 16 Mar 2014 20:22:18
by franzas
OC is legal Statewide. Period.
All that law says in those cities listed you cannot carry a pistol or rifle that holds more than 20 rounds and/or is suppressed or a shotgun that holds more than 7, unless you have a CHP.
SO, if you don't have a CHP, don't OC your Glock 17 with the 33 rd mag in Richmond.
Re: Virginia "No Preemption" question re Open Carry
Posted: Sun, 16 Mar 2014 22:18:09
by MarcSpaz
Also, don't forget, that is a State law, not local, city or county regulation.
[ Post made via Mobile Device ]
Re: Virginia "No Preemption" question re Open Carry
Posted: Mon, 17 Mar 2014 13:05:13
by dorminWS
franzas wrote:OC is legal Statewide. Period.
All that law says in those cities listed you cannot carry a pistol or rifle that holds more than 20 rounds and/or is suppressed or a shotgun that holds more than 7, unless you have a CHP.
SO, if you don't have a CHP, don't OC your Glock 17 with the 33 rd mag in Richmond.
>>>>>>>>>>>>>>>>>>>>>>>>>
But you could carry one of those Kel-Tec PMR-30s with a 30-round mag. Buddy of mine bought one just so he COULD carry plenty of rounds in Richmond. Since it's RIMFIRE, § 18.2-287.4. does not apply to it, and those .22 magnums coming out of a pistol-short barrel put out a roar and a fireball that would make you think you were facing a .50AE Desert Eagle.
Re: Virginia "No Preemption" question re Open Carry
Posted: Tue, 18 Mar 2014 00:28:24
by Newgunguy
Jeeze I really hate lawyer speak. I do honeslty believe that if we got rid of lawyers we could then understand laws with the first read through!
Charles.
Re: Virginia "No Preemption" question re Open Carry
Posted: Tue, 18 Mar 2014 14:02:35
by Oakes
franzas wrote:OC is legal Statewide. Period.
All that law says in those cities listed you cannot carry a pistol or rifle that holds more than 20 rounds and/or is suppressed or a shotgun that holds more than 7, unless you have a CHP.
SO, if you don't have a CHP, don't OC your Glock 17 with the 33 rd mag in Richmond.
No it didn't say suppressed it said if it could be suppressed, meaning if the barrel is threaded.
Re: Virginia "No Preemption" question re Open Carry
Posted: Tue, 18 Mar 2014 17:37:28
by MarcSpaz
Why debate it... just get a CHP and forget about it.
Re: Virginia "No Preemption" question re Open Carry
Posted: Tue, 18 Mar 2014 18:10:26
by SHMIV
Because, Marc, I don't like the idea of asking permission and paying a fee to exercise a right.
Also, I don't see any reason to make it any easier for the list compilers.
[ Post made via Mobile Device ]
Re: Virginia "No Preemption" question re Open Carry
Posted: Tue, 18 Mar 2014 20:00:12
by MarcSpaz
I understand your point, and agree that it should be free and untracked. However, as a human being alive in the United states, you're on so many lists that its unfathomable to the average person. I can track everything in your life from birth to death and everything in between; all without ever personally knowing you or anyone who knows you.
Not getting a CHP to stay "off a list" is kind of a moot point, don't you think?
Re: Virginia "No Preemption" question re Open Carry
Posted: Tue, 18 Mar 2014 20:17:56
by OldEagle
If you post on this forum, you're already on "a list". Forgoing a CHP isn't going to help you.
Re: Virginia "No Preemption" question re Open Carry
Posted: Wed, 19 Mar 2014 00:43:35
by SHMIV
Yes. I'm on several lists. I am well aware. I never said anything about staying off of any list.
I said I didn't want to make it easier for the list compilers. Which wasn't even my main point.
[ Post made via Mobile Device ]