Passing through Virginia: OC issues?

Passing through Virginia: OC issues?

This is a discussion on Passing through Virginia: OC issues? within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I'll be driving through Virginia a couple of times in the coming weeks. I know my FL permit is good there, but I was thinking ...

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  1. #1
    Distinguished Member Array kazzaerexys's Avatar
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    Passing through Virginia: OC issues?

    I'll be driving through Virginia a couple of times in the coming weeks. I know my FL permit is good there, but I was thinking of being in the car and having the occasional quick stop at a gas station/fast food joint/stop'n'rob.

    If I were to just go about my business without bothering to throw a cover garment on, would I likely have any problems? We're talking either Interstate driving down towards VA Beach or taking back roads down from the Dahlgren.

    (I plan on CCing only once I get down to the Norfolk/VA Beach area. I am really just asking about the road-trip portion of the travel.)

    Thanks!
    “What is a moderate interpretation of [the Constitution]? Halfway between what it says and [...] what you want it to say?” —Justice Antonin Scalia

    SIG: P220R SS Elite SAO, P220R SAO, P220R Carry, P226R Navy, P226, P239/.40S&W, P2022/.40S&W; GSR 5", P6.


  2. #2
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    Shouldn't be a problem at all. VA is OC friendly for the most part. Remember OC is required if carrying into a place that serves alcohol for on site consumption. Have a safe trip.

  3. #3
    VIP Member Array varob's Avatar
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    Are you planing on taking 301? You should be ok
    Don't believe what you hear and only half of what you see!
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  4. #4
    Distinguished Member Array kazzaerexys's Avatar
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    varob---yes, if I avoid the Interstate it'll be on 301 and...I think it's 17.

    Thanks for the quick responses!
    “What is a moderate interpretation of [the Constitution]? Halfway between what it says and [...] what you want it to say?” —Justice Antonin Scalia

    SIG: P220R SS Elite SAO, P220R SAO, P220R Carry, P226R Navy, P226, P239/.40S&W, P2022/.40S&W; GSR 5", P6.

  5. #5
    Member Array NosaMSirhC's Avatar
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    Hi kazzaerexys,

    You should be just fine. OC is perfectly legal here in the Old Dominion. Some of the larger metro areas may try to hassle you (primarily Hampton Roads cities) but coming down 301 and 17 through places like that you shouldn't have any issues.

    Have a safe trip and pay attention to the speed limits in those little towns on 301.

    Be Safe,

    NosaM
    "In a crisis, you will not rise to the occasion, but you will default to the level of your training."

  6. #6
    Member Array Backnblack's Avatar
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    Quote Originally Posted by NosaMSirhC View Post
    Have a safe trip and pay attention to the speed limits in those little towns on 301.
    I'll second that..I have had a few tickets myself....

    HTC Thunderbolt....4G Lightning Speed

  7. #7
    Senior Member Array Zsnake's Avatar
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    Archer51....Ya got me laughing. I have seen in many posts that "OC is required if carrying into a place that serves alcohol for on site consumption." Each time I see this I think...."Soooooo if I am not open carrying, I can not go into the bar?" lol
    It is the common way to phrase the requirements, just gives me pause to reflect on how laws are interpreted.

  8. #8
    Senior Member Array Bob O's Avatar
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    You'll probably be far enough East that this may not be problem, but the Blue Ridge Parkway is a National Park and is a carry no-no (at least until February 2010).

    Bobo
    Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other"
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  9. #9
    Distinguished Member Array kazzaerexys's Avatar
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    I am safely arrived in North Carolina in preparation for shooting the IDPA Blackwater Shootout with my g/f tomorrow. I am happy to report that just after crossing the Potomac at Dahlgren, I stopped at a Sheetz, went to the trunk of the car, and strapped on my equipment without incident.

    She and I stopped briefly for dinner at a Chick-Fil-A outside Chesapeake, VA. I went in with my SIG P220 riding securely and uncovered in my UBG Regulator at 4 o'clock.

    Believe it or not there were no screaming women, crying children, or stampeding horses. I don't think anybody even made a second glance (heck, probably not even a first) in my direction.

    What's funny is, this was my very first time OCing anywhere, and my pulse was racing. I was more nervous that I expect to be when the buzzer goes off in the first shoothouse tomorrow. When I mentioned that to the g/f, she said, "Really? You look as calm as always!"

    It was a great experience, though. Maybe I will OC in Newport News on the way home to help set up my retirement fund...
    “What is a moderate interpretation of [the Constitution]? Halfway between what it says and [...] what you want it to say?” —Justice Antonin Scalia

    SIG: P220R SS Elite SAO, P220R SAO, P220R Carry, P226R Navy, P226, P239/.40S&W, P2022/.40S&W; GSR 5", P6.

  10. #10
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    Be careful in Chesapeake, unless they have changed there laws.

    It is unlawful to transport or possess a loaded firearm on the road in a vehicle.

  11. #11
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    Question

    Quote Originally Posted by redrick View Post
    Be careful in Chesapeake, unless they have changed there laws.

    It is unlawful to transport or possess a loaded firearm on the road in a vehicle.
    Citation please!!!

    You might be thinking about:

    § 15.2-1209.1. Counties may regulate carrying of loaded firearms on public highways.

    The governing body of any county is hereby empowered to adopt ordinances making it unlawful for any person to carry or have in his possession, for the purpose of hunting, while on any part of a public highway within such county a loaded firearm when such person is not authorized to hunt on the private property on both sides of the highway along which he is standing or walking; and to provide a penalty for violation of such ordinance not to exceed a fine of $100. The provisions of this section shall not apply to persons carrying loaded firearms in moving vehicles or for purposes other than hunting, or to persons acting at the time in defense of persons or property.
    [Emphasis added]
    Which applies to to hunting only.

    Some one with a CHP, such as the OP, would be OK under this law.

    If there is any other State Law, I love for someone to post it.

    If it is a stand-alone Chesapeake requirement, please see:

    § 15.2-915. Control of firearms; applicability to authorities and local governmental agencies.

    A. No locality shall adopt or enforce any ordinance, resolution or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.

    Nothing in this section shall prohibit a locality from adopting workplace rules relating to terms and conditions of employment of the workforce. Nothing in this section shall prohibit a law-enforcement officer, as defined in § 9.1-101 from acting within the scope of his duties.

    The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail or juvenile detention facility.

    B. Any local ordinance, resolution or motion adopted prior to the effective date of this act governing the purchase, possession, transfer, ownership, carrying or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid.

    C. In addition to any other relief provided, the court may award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in an action challenging (i) an ordinance, resolution, or motion as being in conflict with this section or (ii) an administrative action taken in bad faith as being in conflict with this section.
    [Emphasis added]
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  12. #12
    Senior Member Array jofrdo's Avatar
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    "Virginia Gun Owner's Guide," 6th edition, Alan Korwin & Steve Maniscalco, Chapter 4 paraphrases two of City of Chesapeake's laws (without citing code):
    1) It is unlawful to transport of possess a loaded firearm on the road in a vehicle.
    2) It is unlawful to transport, possess or carry a loaded rifle or shotgun in any vehicle on any public street, road or highway within the boundaries of the road.

    Neither is exclusive to hunting. To my knowledge, the first one is not enforced, at least not on permit holders as it would be preempted. Those who open carry without a permit may fall astray of this one.

    These would be good ones for Virginia Citizens Defense League to look at getting changed. I'm a member so I'll start by calling the Magistrate's Office and inquiring about them. I might have to go to the public library to get a copy of the code since the city doesn't have any online links that I can find. I'm an amateur musician with a very busy rehearsal schedult the next two weeks, so this isn't going to happen right away.

  13. #13
    VIP Member
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    Quote Originally Posted by jofrdo View Post
    "Virginia Gun Owner's Guide," 6th edition, Alan Korwin & Steve Maniscalco, Chapter 4 paraphrases two of City of Chesapeake's laws (without citing code):
    1) It is unlawful to transport of possess a loaded firearm on the road in a vehicle.
    2) It is unlawful to transport, possess or carry a loaded rifle or shotgun in any vehicle on any public street, road or highway within the boundaries of the road.

    Neither is exclusive to hunting. To my knowledge, the first one is not enforced, at least not on permit holders as it would be preempted. Those who open carry without a permit may fall astray of this one.

    These would be good ones for Virginia Citizens Defense League to look at getting changed. I'm a member so I'll start by calling the Magistrate's Office and inquiring about them. I might have to go to the public library to get a copy of the code since the city doesn't have any online links that I can find. I'm an amateur musician with a very busy rehearsal schedult the next two weeks, so this isn't going to happen right away.
    Can't propose a change that I don't have a citation for/know where it is. Thanks for the research offer. Please let me know what you find.

    BTW -- If they are "City of Chesapeake's laws" (other than the "hunting" exception, cited above) they are is invalid. And

    § 15.2-915. Control of firearms; applicability to authorities and local governmental agencies.
    ....
    C. In addition to any other relief provided, the court may award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in an action challenging (i) an ordinance, resolution, or motion as being in conflict with this section or (ii) an administrative action taken in bad faith as being in conflict with this section.
    IMHO: the best way to go after such local laws is not chase them one-by-one, but to change § 15.2-915. Control of firearms; applicability to authorities and local governmental agencies C from "may" award to "shall" award.
    Last edited by DaveH; October 25th, 2009 at 01:03 PM. Reason: clearification of "other than the hunting exception"
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    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    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

  14. #14
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    Another thought

    [QUOTE=jofrdo;1348192Neither is exclusive to hunting.[/QUOTE]

    Sometimes locals will try to mislead the public by saying something like "Pursuant to § 15.2-1209.1. Counties may regulate carrying of loaded firearms on public highways it is a [name the crime level] to carry loaded firearms on public highways of ...." w/o pointing out in their statute that the § 15.2-1209.1. is limited to hunting, and that the
    provisions of this section shall not apply to persons carrying loaded firearms [ daveh: note it is not just CHPs, handguns, etc] in moving vehicles or for purposes other than hunting, or to persons acting at the time in defense of persons or property.
    Μολὼν λαβέ

    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    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

  15. #15
    New Member Array pete334's Avatar
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    Very interesting. I have in-laws out there. Wonder if they know?
    Trying to find a Seattle injury lawyer.

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