OC in Virginia

This is a discussion on OC in Virginia within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I like it....

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Thread: OC in Virginia

  1. #31
    Member Array MoHawk's Avatar
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    I like it.
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  3. #32
    Distinguished Member Array Pro2A's Avatar
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    I've open carried in Virginia on multiple occasions. It is my understanding that you can OC on foot with no permit. You must OC in a restaurant that serves alcohol and it needs to be clearly visible in your car. I carry a 1911 in a Blackhawk Serpa OWB holster, so it's kind of hard to miss it. I've never had an issue OCing in VA and I've even passed a few LEO's in VA open carrying with no issue. Obviously I have a reciprocal PA LTCF to fall back on if there ever is an issue, but I'm speaking for people that don't have a CCL.

    Again, this is just my understanding of the law... IANAL.

  4. #33
    VIP Member Array SIGguy229's Avatar
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    Open, read, and bookmark this site on VA gun laws...you will refer to it often:

    Virginia State Police - Selected State Laws Pertaining to Firearms
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  5. #34
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    Quote Originally Posted by MoHawk View Post
    VA law is very strict about open carry. TECHNICALLY the way the law is worded, there needs to be 360 degree visibility of your gun or it is concealed.
    ....

    However, if you get pulle dover, you should IMMEDIATELY tell the LEO where your weapon is.
    Please advise what Statute or Case Law the above is based on.

    Virginia's OC is based on the concept that, "If it is not illegal it is legal." For the most part Virginia law is silent on OC.

    CC is well defined and regulated.

    OTOH, OC is OK because of silence in the law.
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  6. #35
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    Quote Originally Posted by archer51 View Post
    I have not been able to find a references as to "under the influence" I would assume it is .08 the same as for driving.
    Not necessarily. Any conviction of an alcohol related crime serves as prima facia evidence of under the influence (DUI, drunk in public, etc.) but that is not exclusive. That just means the burden of proof in those specified circumstances has already been met. If the DA wanted to pursue it, you could be considered under the influence with ANY alcohol in your system. North Carolina, on the other hand, the law specifically spells it out as ANY remaining in your system (I travel to NC a lot, so I have to be just as familiar with thier laws as VA).

    I OC'd in Virginia for years. I would not risk it with an IWB holster. That's subjective and any given DA on any given day could make an argument that you were trying to conceal it. The outcome would again be subjective and could go either way and it would cost you legal fees at the least. OWB with shirt tucked in there is no obvious or subjective intent to conceal.

    As for in the car, it must be in plain sight and it is advisable to notify LEO immediately that it is there and where it is. I had mine on a small golf towel on the dash board of my truck or in the passenger seat with nothing else in the seat. You can hide it as you leave the vehicle (I cable lock mine to the seat frame).

    These were the recommendations that I received from our local DA with regard to open carry. IANAL, but I did follow his advice with no issues experienced. YMMV.
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  7. #36
    Member Array jimbofox's Avatar
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    I can only speak for myself on this one, sir (welcome to the forum and to VA, btw) but I OC every single day and so far have yet to have an incident. It's in my Fobus paddle holster on my right hip when I drive and locked in its case in the trunk of the car when I am at work (I work for the federal gov't). I've heard many times on this forum that carrying in the holster on your waist while driving is perfectly legal in the state of VA although I'm sure that's open to interpretation.

  8. #37
    VIP Member Array BugDude's Avatar
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    Quote Originally Posted by jimbofox View Post
    I can only speak for myself on this one, sir (welcome to the forum and to VA, btw) but I OC every single day and so far have yet to have an incident. It's in my Fobus paddle holster on my right hip when I drive and locked in its case in the trunk of the car when I am at work (I work for the federal gov't). I've heard many times on this forum that carrying in the holster on your waist while driving is perfectly legal in the state of VA although I'm sure that's open to interpretation.
    You're correct. It is a very subjectively worded law "in open view", so it would be open to interpretation. In most cases, if someone is up to no good it could possibly be another charge to pile on if they wanted to. If you're not causing any trouble, they likely won't give you any hassle over it.
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  9. #38
    Member Array jimbofox's Avatar
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    Quote Originally Posted by BugDude View Post
    You're correct. It is a very subjectively worded law "in open view", so it would be open to interpretation. In most cases, if someone is up to no good it could possibly be another charge to pile on if they wanted to. If you're not causing any trouble, they likely won't give you any hassle over it.
    Agreed. My driving record is clean, my dress is decent, my demeanor is forthright and polite. I see no reason why I'd be deemed suspicious, but there's always that chance of "extenuating circumstances".

  10. #39
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    Quote Originally Posted by BugDude View Post
    You're correct. It is a very subjectively worded law "in open view", so it would be open to interpretation. In most cases, if someone is up to no good it could possibly be another charge to pile on if they wanted to. If you're not causing any trouble, they likely won't give you any hassle over it.
    care to cite the code the mentions "open view" or "360 degrees"
    LIS > Code of Virginia > 18.2-308

    the link is to the section of code that defines what a concealed weapon is, specifically it must be "hidden from common observation" or the weapon must be "of a deceptive apearance as to disguise the true nature of the weapon" I.e. The pager guns/canes that fire 22lr. Tucked in the waistband with the grip clearly exposed does not fit these definitions, and is known by many as the "virginia tuck". I don't know any specific case law, but it's pretty well established that if it's visible it's OC. No need for 360 view, else they'd be arresting every OCer who sits down with their strong side facing the wall in a restaurant.

  11. #40
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    Quote Originally Posted by builtjeep View Post

    No need for 360 view, else they'd be arresting every OCer who sits down with their strong side facing the wall in a restaurant.
    ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑

    Absolutely!

    Case in point:

    At the VCDL Freedom Rally there were Homeland Security, SP, Local LEO, etc all over the place.

    Large numbers of us VA Tucked at the various on-premise restaurants w/ some sitting with their strong side to the wall. The firearm would have only been visible 90-180* for even those not having their their strong side to the wall. In fact, with my cover shirt tucked/bunched up behind the grip and my arm often hanging directly over the firearm My carry might often be less that 90*.

    No action was taken against any of us.

    There is little question that had there been grounds for action, it would have been taken.

    The same story repeats itself after nearly all VCDL meeting, which often take place in jurisdictions that are less than RKBA-friendly. (see:
    Norfolk to pay $15,000 in Harborfest gun arrest case | HamptonRoads.com | PilotOnline.com, for example)
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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

  12. #41
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  13. #42
    Member Array RunawayGun's Avatar
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    Quote Originally Posted by SleepingZ View Post
    To solve that, you need to OC 4 guns on your waist, so the are visible from all angles

    Z
    This is good, I think I'll take this one and run with it! lol

    Quote Originally Posted by SIGguy229 View Post
    Open, read, and bookmark this site on VA gun laws...you will refer to it often:

    Virginia State Police - Selected State Laws Pertaining to Firearms
    Good stuff, thanks.

    Quote Originally Posted by jimbofox View Post
    I can only speak for myself on this one, sir (welcome to the forum and to VA, btw) but I OC every single day and so far have yet to have an incident. It's in my Fobus paddle holster on my right hip when I drive and locked in its case in the trunk of the car when I am at work (I work for the federal gov't). I've heard many times on this forum that carrying in the holster on your waist while driving is perfectly legal in the state of VA although I'm sure that's open to interpretation.
    Has a LEO ever stopped you while driving with it on your hip and noticed it? I'm curious as to what their reaction would be.

  14. #43
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    Quote Originally Posted by paramedic70002 View Post
    There is no open carry law.
    ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑

    Absolutely!

    As I said, if it isn't illegal, it's legal -- therefore, OC is legal, because there is no law addressing it, hence the so called 360* rule sounds like something some anti-RKBA official dreams about, as a scare tactic.
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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

  15. #44
    Member Array jimbofox's Avatar
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    Quote Originally Posted by RunawayGun View Post
    This is good, I think I'll take this one and run with it! lol



    Good stuff, thanks.



    Has a LEO ever stopped you while driving with it on your hip and noticed it? I'm curious as to what their reaction would be.
    No sir. If I was stopped I would be forthright and say to them right off the bat (after handing em license/reg) Officer at this time I'd like to inform you that I am openly carrying a firearm on my person. It is holstered securely on my right hip and I'd like to ask you how you'd like to proceed with the stop at this point."

  16. #45
    Senior Member Array Rmac58's Avatar
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    I believe the OP's question has been answered.
    But I won't let that stop me from offering my two cents.
    Open carry in vehicle as long as it is visible.
    When I picked up my Nagant 1895 it cane with a full flap holster. I asked the owner of the business where I had it shipped to (a former LEO) would this be considered concealed as the hand gun is completely covered.
    He called the state police and after many run around's he hung up the phone and told me it's up to the officer.
    Another gray area.

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