Virginia OC/CC Questions

[stokes8718]

I have been reading for the last two hours and am just tired of looking. I just applied for my Non Resident CFP and decided I should do some research while I wait for my permit. I read all the firearms laws on the VA St. Police site and what I got from it was that it is unlawful to carry a LOADED firearm anywhere public. Also I live in MD and work around the beltway in NOVA and all the counties and cities I go to it says may not carry, seems kind of pointless to even apply now. Maybe this has been discussed but I couldn't find it. and if i did it was OLD. I know we are not lawyers but at least some opinions would be great.

 

[snavematt]

I carry a loaded handgun everyday, whats the point of a ccw if you can't carry it? Some counties and cities you cannot open carry, I think Alexandria and city of Fredericksburg. My CCW is as a resident of the state of VA, not stafford county.

Edit: see bold

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-287.4


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) 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.

 

[jimbobborg]

No loaded firearms? News to me. Keeping a loaded rifle in your vehicle during hunting season may get you a visit from the game warden, though. I had my PF9 in my pocket (loaded) during opening day of dove season. And I open carry in PWC.

 

[stokes8718]

§ 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.


From VA St. Police Website

 

[snavematt]

§ 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.


From VA St. Police Website

Read the whole thing, see my edited post with bolded statement.

 

[ken792]

You can carry loaded in VA. However, you can't carry loaded firearms that meet certain conditions in certain urban/high population areas.

Basically, if you do not have a concealed carry permit, you may not in the mentioned areas carry a loaded semi-auto if it has a magazine over 20 rounds in capacity, a threaded barrel, or a folding stock.

From the VSP website.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-287.4

§ 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.

 

[stokes8718]

Wow... thank you for making me feel stupid... Hopefully someone will delete this thread... Thank you for clearing that up.

 

[swinokur]

I carry OC and CC in VA all the time. As long as you stay out of prohibited areas, you're GTG. And don't exceed mag limits, which most pistols you'd carry don't.

 

[ProShooter]

You should come take this class - http://proactiveshooters.com/general-course-information-2/intro-to-concealed-carry-in-va/

It will clear everything up for you.

 

[ProShooter]

Some counties and cities you cannot open carry, I think Alexandria and city of Fredericksburg.

That's not correct. Pre-emption prevents that and nothing in the Code even addresses open carry.

 

[swinokur]

Correctamundo Mr. Jim

 

[swinokur]

To reiterate what Proshooter said:

No municipality or county can preempt state law on carry. OC is not prohibited, there fore it's legal.

 

[Ragnar]

Are there any places in VA--proximity to a school, government building, parks, etc.--where someone with a CC permit may not open or concealed carry?

 

[swinokur]

None that come to mind if you are not actually in the building. A weird portion of VA carry law is you could drink alcohol in a restaurant if you OC, but are prohibited if you CC. If you carry, don't drink. That's just dumb.

Technically, if you don't have a VA CCW, you are prohibited from carrying by any method within 1000 feet of a VA school. This is part of the Federal GFSZA.

 

[Biggfoot44]

That's less wierd than before 7/01/12 . Used to be you had to expose your pistol to enter any restraunt that had a liquor lic , wether you had any or not.

 

[swinokur]

Yes, the "VA Tuck."

 

[hvymax]

Wow... thank you for making me feel stupid... Hopefully someone will delete this thread... Thank you for clearing that up.

What are friends for?

 

[snavematt]

That's not correct. Pre-emption prevents that and nothing in the Code even addresses open carry.

I didn't think so, but I don open carry anyway.

 

[04RWon]

Whoa whoa...when did this open carry part change? I have opened carried before in Fairfax and was told it was 100% legal. Doesnt matter anymore to me but still.

Sounds like VA is getting more and more liberal, faster than i thought too...

 

[DaceNemo]

Whoa whoa...when did this open carry part change? I have opened carried before in Fairfax and was told it was 100% legal. Doesnt matter anymore to me but still.

Sounds like VA is getting more and more liberal, faster than i thought too...

Only if it holds more than 20 rds. Has a threaded barrel or folding stock....does NOT apply to leos or ccw holders.