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Virginia Legal Definition of Open Carry

Thundar

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Sep 12, 2007
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4,941
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Newport News, Virginia, USA
Newport News passed an open carry ban in municipal buildings last week. This week I spoke at a zoning board meeting at the city hall council chambers. I was carrying something in a CZ82 flap holster. Police officer approached me and said “open carry was illegal”. I told him there was no visible firearm and he said “have a good night“ and left.

So my question is simple. What is the legal definition of open carry in Virginia?
 

color of law

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Oct 7, 2007
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Cincinnati, Ohio, USA
Well that is in the eye of the beholder. The definition is allover the place. If I remember right Florida's law is if you can discern it is a gun then it being openly carried. I other words printing is open carry.

Per Virginia law: § 18.2-308. Carrying concealed weapons; exceptions; penalty.
A. If any person carries about his person, hidden from common observation,.......
 
Last edited:

Thundar

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Yes, I am familiar with the hidden from common observation language in § 18.2-308 for concealed carry. That logic also makes the assumption that what is not concealed carry is open carry. Not sure that will fly. It will be very interesting to see how the Virginia courts interpret the definition of open carry.
 

color of law

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Well if you knew that, then the firearm you were carrying in a flap holster was being openly carried. The officer's common observation was you were carrying. Now, as to the city banning open carry in city buildings runs against the Virginia's constitution and statutory law. But if that is the case then they must be allowing concealed carry without a license to carry in the buildings. They can't have it both ways.

Legislatures have the right to enact laws in regard to the manner in which arms shall be borne, but noting that a statute that destroys the right altogether under the pretence of regulating the manner of carry would be clearly unconstitutional. Courts have long held that although a State may prohibit the open or concealed carry of firearms, it may not ban both because a complete prohibition on public carry violates the Second Amendment and analogous state constitutional provisions.

I suggest you do some research and you may find that I'm not far off the mark.
 

2a4all

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Jul 1, 2008
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1,822
Location
Newport News, Virginia, USA
Well if you knew that, then the firearm you were carrying in a flap holster was being openly carried. The officer's common observation was you were carrying. Now, as to the city banning open carry in city buildings runs against the Virginia's constitution and statutory law. But if that is the case then they must be allowing concealed carry without a license to carry in the buildings. They can't have it both ways.

Legislatures have the right to enact laws in regard to the manner in which arms shall be borne, but noting that a statute that destroys the right altogether under the pretence of regulating the manner of carry would be clearly unconstitutional. Courts have long held that although a State may prohibit the open or concealed carry of firearms, it may not ban both because a complete prohibition on public carry violates the Second Amendment and analogous state constitutional provisions.

I suggest you do some research and you may find that I'm not far off the mark.
As of July 1, 2020, Virginia localities have the statutory authority to regulate the carry of firearms within or upon local government facilities. Newport News has chosen to ban open carry. The new ordinance hasn't been posted yet, as extensive signage is required to provide proper notice. Probably why the cop let Thundar off.
See: https://nngov.civicweb.net/document...h.pdf?handle=709CA50E01234648A3861F857C2ABC11
 

color of law

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As of July 1, 2020, Virginia localities have the statutory authority to regulate the carry of firearms within or upon local government facilities. Newport News has chosen to ban open carry. The new ordinance hasn't been posted yet, as extensive signage is required to provide proper notice. Probably why the cop let Thundar off.
See: https://nngov.civicweb.net/document/14283/Ordinance Amending and Reordaining City Code Ch.pdf?handle=709CA50E01234648A3861F857C2ABC11
But not constitutional authority. Unfortunately your state has been over run by communists, including, I'm sure, the courts. You guys had a chance to stop it, but you wussed out. "We shall not comply" and then you all complied.
 

solus

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Aug 22, 2013
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here nc
So tell us what we should have done, and how we should have gone about it.
uh, a good start would’ve been to raise h3ll way back when as Bloomberg bought the VA legislative body...

so guess the next course of action would be that the good gun toting VA citizens should start getting active in usurping those overseeing idiots currently in the state Legislative & local community Councils who are passing these well conceived governances on the citizens they represent!

Oh and 2a4all, et al., please do not reference the debacle(s) which occurred earlier this year as well as in more recent years as examples of “WE HAVE BEEN!” as the State’s legislative body did more harm to gun rights after the gatherings then ever before!

Guess i missed the news on the attempts at recall elections of those overseers who successfully requested & pushed the new legislation through from the masses affected after the legislative activities subsided...

only course of action is dethrone those overseers...BUT...who is going to whip up the masses?
 

BB62

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Joined
Aug 17, 2006
Messages
4,022
Location
Cincinnati, Ohio, USA
Newport News passed an open carry ban in municipal buildings last week. This week I spoke at a zoning board meeting at the city hall council chambers. I was carrying something in a CZ82 flap holster. Police officer approached me and said “open carry was illegal”. I told him there was no visible firearm and he said “have a good night“ and left.

So my question is simple. What is the legal definition of open carry in Virginia?
May I suggest the Freedom Cover? (not that this it is freedom, but anyway...)

 
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