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Thread: Open carrying throughout Virginia.

  1. #1
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    Open carrying throughout Virginia.

    I currently live in Mineral, VA and frequently make trips to Richmond since there is not much shopping where I'm at. I am wondering if I can open carry a handgun in Richmond that holds 15 rounds in the magazine. I know what the law says but for some reason it seems to confuse me. So I'm just wondering if it is legal for me to open carry within the city of Richmond.

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    I live in Lynchburg area and OC here about any time I am outside my house. My standard OC weapon is a S&W 5906 with one in the chamber and another 15 in the magazine. Another magazine is on my belt.

    I cannot specifically address Richmond but I do not believe they have magazine size limit.

    You may be able to find more info at VCDL.org . Might want to consider joining that group. Bunch of good folks.

    Nemo
    Last edited by Va_Nemo; 06-23-2017 at 12:02 AM.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by G0ne_Fishinn View Post
    I currently live in Mineral, VA and frequently make trips to Richmond since there is not much shopping where I'm at. I am wondering if I can open carry a handgun in Richmond that holds 15 rounds in the magazine. I know what the law says but for some reason it seems to confuse me. So I'm just wondering if it is legal for me to open carry within the city of Richmond.
    There are no restrictions on magazine capacity for handguns in Richmond or the entire state for that matter. OC is legal by default - not specifically restricted.

    All carry in state agencies is restricted thanks to our governator. But ignoring or not seeing the signs will only get you a trespass charge if you do not leave.
    http://www.richmond.com/news/virgini...87539f9db.html
    Better to not open your mouth and be thought the fool, than to open it and remove all doubt.

    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    18.2-287.4

    http://law.lis.virginia.gov/vacode/t...ion18.2-287.4/
    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) [...] 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 [...] 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 and 18.2-308.016 shall apply, mutatis mutandis, to the provisions of this section.

    Grapeshot, the existence of this code restricts carry, whether open or concealed, to some classes of person. I've heard some joking that the ammunition used to count capacity is not restricted to that proper for the rifle or pistol, and therefore if you can fit 21 rounds of .22 short, you're in violation. I do hope that's a joke, anyway.

    But as for original poster, my understanding of this code is that you're fine with 16 rounds. I'm no lawyer.

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    So, my once-again valid CC permit, allows me to carry my AR with a 30 round mag in those named counties and cities? Kewl!

  6. #6
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by bc.cruiser View Post
    So, my once-again valid CC permit, allows me to carry my AR with a 30 round mag in those named counties and cities? Kewl!
    Allowed in those municipalities, yes. However discussion is off topic on OCDO - see Forum Rules #14.
    Better to not open your mouth and be thought the fool, than to open it and remove all doubt.

    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  7. #7
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    So, my once-again valid CC permit, allows me to carry my Beretta with a 30 round mag in those named counties and cities? Kewl!
    Fixed that for you.
    Last edited by ManoftheSea; 06-23-2017 at 02:20 PM.

  8. #8
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    Quote Originally Posted by ManoftheSea View Post
    http://law.lis.virginia.gov/vacode/t...ion18.2-287.4/

    Grapeshot, the existence of this code restricts carry, whether open or concealed, to some classes of person. ...
    As suppressors become more popular and common this section of code becomes an ever larger gotcha. It isn't like it is all that difficult to find modern handguns with threaded barrels and magazine capacity in excess of 20 rounds.

    The great value of OCDO is that we generally get accurate information here, usually backed up by citations to actual code. And especially in a State/Commonwealth with generally such good RKBA laws, this is exactly the kind of gotcha that ought to be prominently pointed out lest anyone be caught unawares.

    Thank you for reminding us of this code.

    Charles
    All experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. Thank heaven we do not permit a few to impose anarchy.

    "With Anarchy as an aim and as a means, Communism becomes possible."
    --Marxist.org

    "Communism and Anarchy [are], a necessary complement to one another. "
    --PETER KROPOTKIN, "Anarchism: its philosophy and ideal." 1898.

  9. #9
    Regular Member The Truth's Avatar
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    Seems no one has touched on the 20 or more "assault weapon" designation. Has anyone ever been charged under this statute? I always wondered about this one. It seems that a gun with a threaded barrel would fit under this description as well, which is clearly not an assault weapon. So if you use an FN 5.7 is seflf defense, or a Glock with a threaded barrel then you're going to catch this charge even if justified?
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    So in actuality you have no evidence that anything wrong took place, you only believe that it could be spun to appear wrong. But it hasn't been. The truth has a funny way of coming out with persistence, even if it was spun negatively the truth would find its way because these people will not accept less.
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    Quote Originally Posted by ManoftheSea View Post
    Fixed that for you.
    Oh. heck! I'd rather take the beating from Grape than have anyone think I had on of THOSE. But, I thank you for the effort.

  11. #11
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    Quote Originally Posted by The Truth View Post
    you're going to catch this charge even if justified?
    Not if you get the State's permission slip, a CHP.
    Last edited by ManoftheSea; 08-18-2017 at 08:06 PM. Reason: Fixed terms

  12. #12
    Activist Member JamesCanby's Avatar
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    Quote Originally Posted by ManoftheSea View Post
    Not if you get the State's permission slip, a CHP.
    FIFY....
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  13. #13
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    Mayor ignores Code of Virginia

    "Charlottesville Mayor Mike Signer has called for the removal of the Robert E. Lee statue in Emancipation Park following the protests over the weekend that led to three deaths and multiple injuries."
    Code of Virginia says he cannot do that.
    https://vacode.org/2016/15.2/II/18/3/15.2-1812/


    "He also called for a ban on openly carrying firearms at public events in the city and across the Commonwealth".
    State preemption rules supreme.
    http://leg1.state.va.us/cgi-bin/legp...0+cod+15.2-915


    Last edited by Grapeshot; 08-18-2017 at 07:38 PM. Reason: added
    Better to not open your mouth and be thought the fool, than to open it and remove all doubt.

    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  14. #14
    Regular Member 2a4all's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Code of Virginia says he cannot do that.
    https://vacode.org/2016/15.2/II/18/3/15.2-1812/



    State preemption rules supreme.
    http://leg1.state.va.us/cgi-bin/legp...0+cod+15.2-915


    There is some debate about the applicability of the state law to regulate what a locality can or cannot do with such memorials. The mayor of Charlottesville has asked the governor to convene a special session of the GA pass legislation to authorize localities to make such decisions. One could suppose that he could also request a locally controlled firearms carry bill.
    A law-abiding citizen should be able to carry his personal protection firearm anywhere that an armed criminal might go.

    Member VCDL, NRA

  15. #15
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by 2a4all View Post
    There is some debate about the applicability of the state law to regulate what a locality can or cannot do with such memorials. The mayor of Charlottesville has asked the governor to convene a special session of the GA pass legislation to authorize localities to make such decisions. One could suppose that he could also request a locally controlled firearms carry bill.
    He can ask away. Even with McAwful pushing it, those would stand little to no chance of seeing the light of day.
    Better to not open your mouth and be thought the fool, than to open it and remove all doubt.

    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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