Virginia CCW options

This is a discussion on Virginia CCW options within the Defensive Carry Holsters & Carry Options forums, part of the Defensive Carry Discussions category; Since in Virginia a concealed carrier has to open carry in a restaurant that serves alcohol, is your best option to always use a holster ...

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Thread: Virginia CCW options

  1. #1
    Member Array mourneblade's Avatar
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    Virginia CCW options

    Since in Virginia a concealed carrier has to open carry in a restaurant that serves alcohol, is your best option to always use a holster since you can just expose it? I ask because in cold weather I would rather just carry in my jacket with a pocket holster. I can't think of a way to switch to open carry with the pocket holster though. Thanks...

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    JD
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    Just get a cheap paddle holster or something and keep it in the car.

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    Member Array kohburn's Avatar
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    perhaps keep an OWB holster in the car that can easily clip to your belt when you know you are going into a place like that.
    "An armed society is a polite society" - Robert A. Heinlein

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    Member Array OhShoot's Avatar
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    Quote Originally Posted by mourneblade View Post
    Since in Virginia a concealed carrier has to open carry in a restaurant that serves alcohol, is your best option to always use a holster since you can just expose it? I ask because in cold weather I would rather just carry in my jacket with a pocket holster. I can't think of a way to switch to open carry with the pocket holster though. Thanks...
    Just stick into the top of of your pants so it shows. Between pants and body. Side or front.

    - OS

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    Senior Member Array PaulG's Avatar
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    If I know that I'm going to such a restaurant and that I am not going to drink, I use my Galco Side Snap Scabbard from the get go.

    That way I just take off the cover garment and am good to go.

    If it is a last minute decision to go to the restaurant, I use the Galco paddle I keep in the car.

    If I plan on drinking, the gun stays home. Needless to say, I don't drink much away from the house.
    fortiter in re, suaviter in modo (resolutely in action, gently in manner).

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    VIP Member Array cmdrdredd's Avatar
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    Quote Originally Posted by PaulG View Post
    If I know that I'm going to such a restaurant and that I am not going to drink, I use my Galco Side Snap Scabbard from the get go.

    That way I just take off the cover garment and am good to go.

    If it is a last minute decision to go to the restaurant, I use the Galco paddle I keep in the car.

    If I plan on drinking, the gun stays home. Needless to say, I don't drink much away from the house
    .
    +100

    Also if it were me, I'd just remove it before entering. Here in FL you can't even carry it into a place that sells alcohol to be consumed on the property afaik.

  8. #7
    Member Array mourneblade's Avatar
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    I wasn't thinking so much about drinking as much as going to a restaurant and then a movie. The other day we went to a movie that finished pretty late, I was surprised to get sized up by several young guys hanging around the exit as my wife and I were leaving the theater to go to our car. That got me thinking that this might be a case for concealed carry in the future. I'm not a small guy, but you never know when someone is gonna take a chance on you.

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    Senior Member Array Jackle1886's Avatar
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    I will be traveling to VA in a few weeks, and the only difference from MI law that will affect me is the OC in a restaurant that sells liquor. So if I have either a IWB or OWB and just pull my cover garmet behind the handle, so it's visible, is that considered open?
    Better to die on your feet, than to live on your knees.

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    Member Array OhShoot's Avatar
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    Quote Originally Posted by Jackle1886 View Post
    I will be traveling to VA in a few weeks, and the only difference from MI law that will affect me is the OC in a restaurant that sells liquor. So if I have either a IWB or OWB and just pull my cover garmet behind the handle, so it's visible, is that considered open?
    Yes.
    As long as at least grip is visible (in "open", not just "printing"), you are open carrying.

    - OS

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    VIP Member Array SIGguy229's Avatar
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    Quote Originally Posted by Jackle1886 View Post
    I will be traveling to VA in a few weeks, and the only difference from MI law that will affect me is the OC in a restaurant that sells liquor. So if I have either a IWB or OWB and just pull my cover garmet behind the handle, so it's visible, is that considered open?
    For re-emphasis: Yes. Also known as the "Virginia tuck"...and is how I carried for about a year until I got a Blackhawk SERPA
    Magazine <> clip - know the difference

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    Member Array Lnd Svyr's Avatar
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    No offense to the previous two posters, but (big but) I live in Va. and I have seen no language in the code of Va. nor have I ever heard of this meeting the OC requirement. I do intend to research this and find out as it would make me more likely to stop leaving my gun in the car when I go into one of these places. Bottom line:

    I wouldn't risk jail time based on these two answers. I would not even rely on a "policeman's" answer to this question. See it in writing, or get an attorney's opinion (in writing). Otherwise, carry it fully in the open.

    Just read up on all those Norfolk cops who haven't apparently ever heard that open carry is LEGAL in Va.

    On edit:

    Check out this link. In writing, yes. Legal opinion, no.

    http://opencarry.mywowbb.com/view_to...+carry+defined

    The so-called Virginia Tuck is a matter of: Do you feel lucky?

    If I can find a Code of Va. definition of Open Carry, I'll post. Thanks.

  13. #12
    JD
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    Good luck with that, there's little to no legislation on the open carrying of firearms.

    VA Code 18.2.308 states the following:
    For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature.
    Also,

    18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.


    Does not cover the open carry of handguns.

    There is no legislation limiting solely the open carry of handguns, nor is there legislation stating what is and what is not open carry. Open carry is legal as long as firearms are permitted in which ever place you are happening to carry.

    The text of 18.2.380 also states the following:

    No person shall carry a concealed handgun onto the premises of any 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; however, nothing herein shall prohibit any sworn law-enforcement officer from carrying a concealed handgun on the premises of such restaurant or club or any owner or event sponsor or his employees from carrying a concealed handgun while on duty at such restaurant or club if such person has a concealed handgun permit.
    So if concealed means: hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature.

    I don't think the VA tuck is a no-go.

    Is it ideal? Probably not as it is up to interpenetration, however as you stated:

    Norfolk cops who haven't apparently ever heard that open carry is LEGAL in Va.
    If the LEOS don't know what's legal and what's not legal, whether or not you have a tucked IWB , or an OWB, won't matter as they will detain you either way.

  14. #13
    VIP Member Array packinnova's Avatar
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    Agreed. The thing with VA law is that it doesn't spell out what you can do. It only spells out what you are NOT ALLOWED to do. So it isn't going to specify a specific method for open carrying. All the opinions we've received thus far from various agencies is that as long as it is readily distinguishable as a firearm it is considered open.

    I've been carrying via the "Virginia Tuck" method in various restaurants for going on 8 years now and never had a problem during that time. On numerous occassions that was either within the vicinity of LEO's that DID notice I was carrying and made no mention, or I was actually dining with local LEO's who made no mention. Take it for what it's worth. I carry IWB and just do the VA Tuck upon entrance to such places. This has been my method statewide and particularly up and down the Route 7 Corridor from Vienna/Tysons/Falls Church all the way out to Winchester daily.
    "My God David, We're a Civilized society."

    "Sure, As long as the machines are workin' and you can call 911. But you take those things away, you throw people in the dark, and you scare the **** out of them; no more rules...You'll see how primitive they can get."
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    Distinguished Member Array GWRedDragon's Avatar
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    Quote Originally Posted by packinnova View Post
    Agreed. The thing with VA law is that it doesn't spell out what you can do. It only spells out what you are NOT ALLOWED to do.
    That is how laws usually work. It is kind of sad that they actually have to spell out what you CAN do when it comes to firearms to prevent localities from going crazy with enforcement.

  16. #15
    Member Array LiveLFF's Avatar
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    The VCDL(Virginia Citizens Defense League) Virginia Citizens Defense League, Inc. (VCDL)

    Has staged an event where everyone open carries into a restaurant they are pretty +Open Carry.

    I'm not sure what I would do in this type of situation, open carry is fine if I'm with people who know I carry, but what about friends whom don't need to know I carry at all?

    Kinda breaks some of the cardinal rules of not telling everyone you carry.

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