Tavel question, from Ohio thruogh WVA to VA

This is a discussion on Tavel question, from Ohio thruogh WVA to VA within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I have not posted here in a long time, too long I think. I have a business trip coming up starting tomorrow. I have an ...

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Thread: Tavel question, from Ohio thruogh WVA to VA

  1. #1
    Senior Member Array Saint77's Avatar
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    Tavel question, from Ohio thruogh WVA to VA

    I have not posted here in a long time, too long I think.

    I have a business trip coming up starting tomorrow. I have an Ohio CCL and I know that both WVA and VA have full reciprocity, as I understand it. I have visited both states AG sites and read through the laws, or what i can gather. My questions are this, as I saw very little info on them. In Ohio, the rules specifically state that you can carry in your car in a holster on your person, as well as defining other ways of transporting firearms in a vehicle. I did not see this at either other states site. only that in WVA you must open carry if you do not posses a permit form that state. Can anyone who is a resident or has traveled this road before (pun intended) and up on these laws clarify?

    Edit: and this is how I intend to carry, if posible. That is, in a hoster under my shirt using an IWB holster.

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    Virginia is no problem, OC and CC with a permit covers you. Some parts of the state are not especially OC friendly (NoVA and the VA Beach area), but the rest of the state has no problem with it. Also, restaurants that serve alcohol are not prohibited, however you are not allowed to drink. What part of the state will you be traveling in?
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    Senior Member Array Saint77's Avatar
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    Galax. On the western side of the state.

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    Quote Originally Posted by Saint77 View Post
    Galax. On the western side of the state.
    Should be no problem.

    As a common-law State, we don't have laws saying what is legal. If there is not a law making it illegal, it is legal.

    If you can legally possess it, you can carry it open -- in plain sight, in a closed glove-box, console etc. OTOH, within reach but covered (think a garment fell over it) is concealed. I know of no cases where the courts have confirmed how much or from what angles it needs to be visible.

    If you have a CHP that is recognized, you can conceal a handgun -- in or on your person, anywhere in the car, etc.

    [Note handgun; not other weapons. It's a CHP not a CCW. Folk from out-of-State do get crosswise on that detail, on occasion.]

    You might want to print a VCDL Where-you-can't-carry card at Virginia Citizens Defense League, Inc. (VCDL)
    Last edited by DaveH; July 22nd, 2012 at 11:23 PM. Reason: added CHP "Note"
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    You should be good to go anywhere in the area of VA you are going. A couple of things that may differ in VA are the no drinking provision, as previously mentioned. Churches are a no go without good cause, which has yet to be legally defined. The other is posted no carry. The penalty is a trespass charge if asked to leave and you refuse.

    If you should go on the Blue Ridge Parkway, buildings are off limits as is all Federal property, including Posts Offices.

    Have a safe trip and enjoy the Old Dominion.

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    Quote Originally Posted by ctr View Post
    You should be good to go anywhere in the area of VA you are going. A couple of things that may differ in VA are the no drinking provision, as previously mentioned. Churches are a no go without good cause, which has yet to be legally defined. The other is posted no carry. The penalty Iraq a trespass charge if asked to leave and you refuse.

    If you should go on the Blue Ridge Parkway, buildings are off limits as is all Federal property, including Posts Offices.

    Have a safe trip and enjoy the Old Dominion.
    Re: No drinking

    I don't tend to. But, you can -- if OCing.

    Also, there are a number of ABC license that are not restricted – See License Types & Costs for a quick list all the on-premise, facilities, concessions, special events, banquets, etc as well as “restaurants” and “clubs.”

    18.2-308. J3 only applied to “restaurant” or “club” as “defined in 4.1-100 for which a license to sell and serve alcoholic beverages for on-premises consumption has been granted by the Virginia Alcoholic Beverage Control Board under Title 4.1 of the Code of Virginia may consume an alcoholic beverage while on the premises.”

    ----------------------------

    Re: Churches

    See: Cuccinelli says guns in churches allowed if church approves - Roanoke.com


    Cuccinelli says guns in churches allowed if church approves

    The attorney general said the opinion balances gun rights with private property rights. By Michael Sluss
    981-3373


    Virginians can carry firearms into churches and other places of worship while services are being conducted, but churches also have the right to ban guns from their premises, according to an advisory opinion from Attorney General Ken Cuccinelli.


    Cuccinelli issued the opinion late last week in response to a state legislator's inquiry about a Virginia law that prohibits individuals from carrying firearms into religious services without "good and sufficient reason." Violation of the law is a misdemeanor.


    "It is my opinion that carrying a weapon for personal protection constitutes a good and sufficient reason under the statute to carry a weapon into a place of worship while a meeting for religious purposes is being held there," Cuccinelli wrote in the April 8 opinion. "It is further my opinion that places of worship can restrict or ban firearms from their premises."

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    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

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    Right, but I thought the op was asking about CCW.

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    Quote Originally Posted by ctr View Post
    Right, but I thought the op was asking about CCW.
    I wasn't arguing with you -- just expanding on what you said. No offense intended.

    FWIIW, I know folk with a CHP, who still do the Virginia Tuck and drink.

    Having a CHP and OC (even briefly) are not mutually exclusive.
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    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

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    Senior Member Array Saint77's Avatar
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    Thanks for the info folks. Seems like I should be ok in both states, the laws are heavily similar.

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    Quote Originally Posted by Saint77 View Post
    I have not posted here in a long time, too long I think.

    I have a business trip coming up starting tomorrow. I have an Ohio CCL and I know that both WVA and VA have full reciprocity, as I understand it. I have visited both states AG sites and read through the laws, or what i can gather. My questions are this, as I saw very little info on them. In Ohio, the rules specifically state that you can carry in your car in a holster on your person, as well as defining other ways of transporting firearms in a vehicle. I did not see this at either other states site. only that in WVA you must open carry if you do not posses a permit form that state. Can anyone who is a resident or has traveled this road before (pun intended) and up on these laws clarify?

    Edit: and this is how I intend to carry, if posible. That is, in a hoster under my shirt using an IWB holster.
    FYI, IANAL, however, you may want to stay more up to date on Ohio laws. The provisions of how you must carry in a car are now gone. It does not need to be in a holster, and your person, since last fall.
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    The way I read the WV law was that only residents could OC. If you have a valid out-of-state CCW that they recognize you could only CC. Is that not correct?
    Last edited by JoeK; July 23rd, 2012 at 05:18 PM. Reason: removed apostrophe

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    Quote Originally Posted by JoeK View Post
    The way I read the WV law was that only residents could OC. If you have a valid out-of-state CCW that they recognize you could only CC. Is that not correct?
    Where in the law? This is not to challenge you. I would very much like find the law in question.

    FWIIW, I have seen the AG opinion brochure.

    However, see: http://www.handgunlaw.us/states/westvirginia.pdf

    Note: I can find nothing in WV law that states only residents can open carry. Others are stating that the AG can not restrict open carry to just residents. I would not want to be the test case. Use Caution.
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    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

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    Quote Originally Posted by DaveH View Post
    I wasn't arguing with you -- just expanding on what you said. No offense intended.

    FWIIW, I know folk with a CHP, who still do the Virginia Tuck and drink.

    Having a CHP and OC (even briefly) are not mutually exclusive.
    None taken. I'm in my normal state of confusion. :)

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