Visiting Family In Virginia


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stormcaller111
September 22, 2008, 11:36 PM
Hi all, i am traveling to Virginia later this week to stay with family for a few days. Does anyone know Virginia's laws concerning non residents and handgun possession? thanks to all...

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Tribal
September 22, 2008, 11:38 PM
deleted

stormcaller111
September 23, 2008, 12:18 AM
Tribal, thanks for the quick reply. Virginia does not honor New York's CC permit. Despite being a non resident, i can open carry in Virginia? also, what are the requirements regarding a handgun in the car (weapon in glovebox, loaded, unloaded etc)? thanks for the help...

Duke Junior
September 23, 2008, 01:04 AM
Tribal, thanks for the quick reply. Virginia does not honor New York's CC permit. Despite being a non resident, i can open carry in Virginia? also, what are the requirements regarding a handgun in the car (weapon in glovebox, loaded, unloaded etc)? thanks for the help...

Loaded firearms may be carried in the passenger compartment in plain view or secured in gun cases that are unconcealed;trunk transport is also legit for loaded firearms.A holstered handgun on the dashboard or passenger seat is OK.
No glove box,console box or under seat.
A handgun in a briefcase,purse,gym bag,etc.within arms reach would also be considered illegal.
All those carry positions require a recognized permit to be legit.
Full disclosure;I am not Tribal.:)
You can OC in Virginia.These sites will help you with OL areas and OC:

http://www.handgunlaw.us/documents/USOffLimitsN-W.pdf
http://opencarry.org/va.html

W.E.G.
September 23, 2008, 01:47 AM
Be sure to avoid Blue Ridge Parkway, George Washington Parkway, and any other federal lands.

see
http://opencarry.mywowbb.com/forum54/10864.html

Duke Junior
September 23, 2008, 01:51 AM
Be sure to avoid Blue Ridge Parkway, George Washington Parkway, and any other federal lands.

Good point.Use FOPA,1986 for these and other "unfriendly terrain" areas" if you must traverse them

Text:

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console. 18 USC 926 - Sec. 926A. Interstate transportation of firearms

18 USC - U.S. Code - Title 18: Crimes and Criminal Procedure (January 2004)


Permanent Link: http://vlex.com/vid/19190852

VARifleman
September 23, 2008, 01:56 AM
Don't walk around with a rifle that's not "securely wrapped."

Explain this with the relevant law please.

stormcaller111
September 23, 2008, 10:45 AM
thanks for all the replies. I have an SUV, so a loaded handgun locked in a normal hard pistol case in the rear of the vehicle in plain view would be legal correct? thanks again...

OAKVILLE SHOOTER
September 23, 2008, 11:15 AM
What part of VA are you going to be in? It is my understanding that you are not allowed to have a loaded gun in a vehicle in the city of Chesapeke, CCW or not. Maybe some members closer to that area, more familiar with their laws can chime in.

stormcaller111
September 23, 2008, 11:57 AM
What part of VA are you going to be in?

Virginia Beach

Tribal
September 23, 2008, 12:04 PM
deleted

wdlsguy
September 23, 2008, 03:02 PM
Virginia does not honor New York's CC permit.
Get a License To Carry Firearms from Centre County, PA (http://www.co.centre.pa.us/sheriff/license_application.asp). $26 for 5 years.

If you have a bit more time and money, get a nonresident license from Florida or Utah.

Permits/Licenses that this state Honors
...
Virginia AK, AR, AZ, FL, KY, LA, MI, MN, MO, MT, NC, NM, OH, OK, PA, SC, TN, TX, UT, WA, WV, WY

http://www.handgunlaw.us/documents/USReciprocity.pdf

30 cal slob
September 23, 2008, 03:52 PM
was recently training with a number of new jersey gun owners ... in southern virginia.

they all (lawfully) open-carried wherever they went. :D

keep in mind there are a few places that are off-limits for any carry or even possession (courthouses, schools, amongst others).

make sure that if you are in a restaurant that serves alcohol, you are open carrying (or not carrying). concealed carry in such a place is illegal (but i have yet to see anyone with a valid CCW get prosecuted for it in VA).

more info at the virginia subforum at

http://www.opencarry.org

i would also encourage you to apply for a non-resident carry permit for Pennsylvania ... usually a quick turnaround time (some back and forth mailing required) and very cheap for what you get.

WhisperFan
September 23, 2008, 04:51 PM
Something that may be of interest ...

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.


Tribal offered:
Don't walk around with a rifle that's not "securely wrapped." then Tribal said:"Securely wrapped" hasn't been clarified. In theory, an officer could say that walking around with a gun in a locked box isn't "securely wrapped," but the charge would be almost certainly laughed out of court. See 18.2-308 (and as a side note, I wonder if it's intentional that "308" is the subsection).

But I believe he is mistaken. 18.2-308 deals with concealed carry ... in part, it reads:

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;


*snipped*

So basically, if you have a firearm that is considered to be "securely wrapped" you won't be charged with violating Code of Virginia 18.2-308 for illegally carrying a concealed weapon, but I don't believe it applies to open carry.

VARifleman
September 23, 2008, 05:00 PM
Yeah, that didn't have anything to do with open carrying a rifle or shotgun, which goes to no rifle mags over 20 or shotgun mags over 7 for the urban areas.

stormcaller111
September 23, 2008, 07:25 PM
Get a License To Carry Firearms from Centre County, PA. $26 for 5 years.


I will definately be looking into this. Thanks everyone for all the information!

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