Open carry for non-resident?

[jawn]

I could see a criminal taking out a person who is open carrying because he or she is an obvious threat.

Imagine standing in line at a store that is about to be robbed. The robber comes from behind; he notices you have a gun, so he puts two in your back.

Concealing obviously makes you less of a target in robbery situations. I'm sure in some situations it prevents crime because not all criminals are killers, but I'm not one to take that kind of chance. I usually assume the worst.

It's a big leap from armed robbery to murder. It's not like there's a shortage of 7-11s and gas stations. When you hear about armed robbery, very rarely are shots fired. That said, situational awareness goes a long way, regardless of whether or not you're carrying.

 

[Phoenix_55]

Open carry makes you a target.

I respect your opinion. But, in my personal experience, I have gotten out of being mugged TWICE because the would-be thieve observed my firearm on my person.

That being said, there are times where OC is just not very practical/safe and CC is necessary.

 

[Indiana Jones]

you have to remember, that everyone outside our gun loving world is basically ignorant to gun law and safe firearms handling. i thin open carry is good for people, but there will be so many hippy types, or just honestly concerned people who see a 'man with a gun' and start to freak out. thats why no one open carries long guns here in MD. its just not feasible in a state that is so left wing.

 

[SRD]

Could someone explain or post a link to what Va. classifies OC?

i.e. Fully exposed,Bottom of holster exposed,etc.

 

[swinokur]

There is no definition of Open Carry. There is a definition of concealed carry which is below. If it does not meet this definition, it's OC. Laws are normally written to limit what you can do, not what you can. Since only CC is illegal, OC is then legal because it's not specifically prohibited.

§ 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.
A. If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; (ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; (iii) any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; (iv) any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or (v) any weapon of like kind as those enumerated in this subsection, he shall be guilty of a Class 1 misdemeanor. A second violation of this section or a conviction under this section subsequent to any conviction under any substantially similar ordinance of any county, city, or town shall be punishable as a Class 6 felony, and a third or subsequent such violation shall be punishable as a Class 5 felony. 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.
B. This section shall not apply to any person while in his own place of abode or the curtilage thereof.
Except as provided in subsection J1, this section shall not apply to:
1. Any person while in his own place of business;
2. Any law-enforcement officer, wherever such law-enforcement officer may travel in the Commonwealth;
3. Any regularly enrolled member of a target shooting organization who is at, or going to or from, an established shooting range, provided that the weapons are unloaded and securely wrapped while being transported;
4. Any regularly enrolled member of a weapons collecting organization who is at, or going to or from, a bona fide weapons exhibition, provided that the weapons are unloaded and securely wrapped while being transported;
5. Any person carrying such weapons between his place of abode and a place of purchase or repair, provided the weapons are unloaded and securely wrapped while being transported;
6. Any person actually engaged in lawful hunting, as authorized by the Board of Game and Inland Fisheries, under inclement weather conditions necessitating temporary protection of his firearm from those conditions, provided that possession of a handgun while engaged in lawful hunting shall not be construed as hunting with a handgun if the person hunting is carrying a valid concealed handgun permit;
7. Any State Police officer retired from the Department of State Police, any officer retired from the Division of Capitol Police, any local law-enforcement officer, auxiliary police officer or animal control officer retired from a police department or sheriff's office within the Commonwealth, any special agent retired from the State Corporation Commission or the Alcoholic Beverage Control Board, any conservation police officer retired from the Department of Game and Inland Fisheries, and any Virginia Marine Police officer retired from the Law Enforcement Division of the Virginia Marine Resources Commission, other than an officer or agent terminated for cause, (i) with a service-related disability; (ii) following at least 15 years of service with any such law-enforcement agency, board or any combination thereof; (iii) who has reached 55 years of age; or (iv) who is on long-term leave from such law-enforcement agency or board due to a service-related injury, provided such officer carries with him written proof of consultation with and favorable review of the need to carry a concealed handgun issued by the chief law-enforcement officer of the last such agency from which the officer retired or the agency that employs the officer or, in the case of special agents, issued by the State Corporation Commission or the Alcoholic Beverage Control Board. A copy of the proof of consultation and favorable review shall be forwarded by the chief or the Board to the Department of State Police for entry into the Virginia Criminal Information Network. The chief law-enforcement officer shall not without cause withhold such written proof if the retired law-enforcement officer otherwise meets the requirements of this section. An officer set forth in clause (iv) of this subdivision who receives written proof of consultation to carry a concealed handgun shall surrender such proof of consultation upon return to work or upon termination of employment with the law-enforcement agency. Notice of the surrender shall be forwarded to the Department of State Police for entry into the Virginia Criminal Information Network. However, if such officer retires on disability because of the service-related injury, and would be eligible under clause (i) of this subdivision for written proof of consultation to carry a concealed handgun, he may retain the previously issued written proof of consultation. A retired law-enforcement officer who receives proof of consultation and favorable review pursuant to this subdivision is authorized to carry a concealed handgun in the same manner as a law-enforcement officer authorized to carry a concealed handgun pursuant to subdivision 2 of this subsection.

link here
http://leg1.state.va.us/000/cod/18.2-308.HTM

 

[DEGordon]

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

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) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered 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 law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or 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 shall apply, mutatis mutandis, to the provisions of this section.

(1991, c. 570; 1992, c. 790; 2003, c. 976; 2004, c. 995; 2005, c. 160; 2007, c. 813.)

How many people carry hand guns with 20 rounds mags? Fairfax cops made same mistake and had to return guns they took from 2 people, there Chief could read.. Not trying to be smart but when it comes to gun laws you have to know the law.

 

[rico903]

Yes, you can open carry while loaded in your car, or you can carry loaded in a secure container in your vehicle (no permit required and no residency restrictions)

Welcome to freedom!

But no radar detectors>

 

[Bikebreath]

YAY!!!!! I like the thread, keep it coming, and someone asked how to OC while wearing a suit - ??

Yes, yes they did.

 

[jimbobborg]

But no radar detectors>

If you want to break speeding laws, stay in Maryland.

 

[Kotyaer]

But no radar detectors>

Which are often used to avoid being caught breaking the law.

Whereas open carry is perfectly legal, as is transporting a loaded handgun on your person or in your vehicle (even considered OC if you're wearing it on your right side, and its blocked by the console).

Keep your speeding in MD, please. Have enough Perdue drivers taking 45mph zones at 60 around my parts.

 

[Bikebreath]

Suppose it starts to rain when you're hiking...you reach into your pack and pull out rain gear. I guess it's important to not cover the weapon no matter how long the coat or poncho extends.

 

[swinokur]

The statute does not make exceptions for different types of clothing. If it fits the definition of concealed in the statute, and you don't have a CCW, you're breaking the law.

 

[davsco]

The statute does not make exceptions for different types of clothing. If it fits the definition of concealed in the statute, and you don't have a CCW, you're breaking the law.

that's the nice thing about VA. have a CCW permit and carry concealed, but if it accidentally shows, no biggie. or open carry and if you accidently cover it up (rain gear) no biggie.

 

[balext]

Well put.

 

[WitnessS40c]

Hello, this will be my first post so forgive the noob .

he told me that MSP doesn't want them to OC in plain clothes.

What are the reasons for this? I can only guess its cause this is MD... or they don't want cops hassling other cops?

On the topic of ccw whats Maryland's stance on printing?
I imagine that question has been asked before so apologize in advance.

 

[swinokur]

There is no law on printing in MD.

 

[HeatSeeker]

Then I am going to go back to wearing my spandex leopard skin pants with an IWB!

But seriously, I had never read or heard of any laws against printing, but good to know. Also, does anyone know specifically, the laws on CCW in MD State Parks and State Forests.

 

[swinokur]

Illegal. Don't take advice here as being legal advice. It's not.

IANAL

http://www.handgunlaw.us/states/maryland.pdf

 

[HeatSeeker]

I have checked that site, but just do not see anything that plainly says it is illegal to CC in a MD State Park or Forest. Are all MD State Forests considered Chesapeake Forest lands?

 

[esqappellate]

I have checked that site, but just do not see anything that plainly says it is illegal to CC in a MD State Park or Forest. Are all MD State Forests considered Chesapeake Forest lands?

See MD Admin Code 08.07.06.04:
.04 Weapons.

A. Definition. In this regulation, "weapon" means:

(1) A device capable of propelling a projectile at high velocity by mechanical means, by explosion, or by expanding gas, including, but not limited to a firearm, crossbow, or longbow;

(2) A dirk knife, bowie knife, switchblade, sand club, metal knuckles, razor, or nunchaku; and

(3) A device capable of:

(a) Inflicting death or bodily harm to an individual;

(b) Maiming or destroying wildlife; or

(c) Destroying property.

B. Except as provided in Regulation .03 of this chapter and in C and D of this regulation, an individual other than a law enforcement officer may not possess a weapon in a State park. The Service may approve an exception for an archery range, firearms range, or an exhibition.

C. During hunting season, a licensed hunter may carry firearms and bows and arrows across State parks in order to get to hunting areas or to other State or private property which is open to hunting. The firearms shall be carried unloaded and cased, or carried unloaded with breech open or broken. Arrows shall be carried in a quiver or case.

D. Target shooting is permitted at designated shooting ranges. The regulations governing the use of these ranges shall be posted and strictly observed.

State/National Forests: See MD Admin Code 08.07.01.04:

.04 Weapons.

A. Definition. In this regulation, "weapon" means:

(1) A device capable of propelling a projectile at high velocity by mechanical means, by explosion, or by expanding gas, including but not limited to a firearm, crossbow, or longbow;

(2) A dirk knife, bowie knife, switchblade (except penknives without switchblades), sand club, metal knuckles, razor, or nunchaku; or

(3) A device capable of:

(a) Inflicting death or bodily harm to an individual,

(b) Maiming or destroying wildlife, or

(c) Destroying property.

B. Except as provided in § C and D of this regulation, possession or use of weapons or firearms by an individual other than a law enforcement officer is prohibited in all State forests.

C. Target shooting is permitted only at designated shooting ranges. The regulations governing the use of these ranges shall be posted and strictly observed.

D. Except when legally hunting or legally target shooting, an individual may not discharge a firearm on land or waters owned or controlled by the Service.

E. Firearms shall be unloaded, and arrows kept in a quiver or case, when in a State forest campsite.