Virginia Handgun Law


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BRB
September 30, 2011, 12:31 AM
Moderators, this is my first post, so please move this if this is in the wrong place.

Hello everyone, I'm 16, and I've been wanting to open carry a handgun, and I believe that I can, unloaded, with one loophole in the law.

18.2-308.7. Possession or transportation of certain firearms by persons under the age of 18; penalty.

[...]

This section shall not apply to:

[...]

3. Any person actually engaged in lawful hunting or going to and from a hunting area or preserve, provided that the weapons are unloaded while being transported
Technically, couldn't I tell a LEO that I'm heading to a hunting ground every time I carry? This section of the law does not require me to be with an adult, I think. I'm not exactly a law buff, so if someone else could tell me whether or not I could use this provision to my advantage please tell me. Thank you guys!

P.S. I don't want any drama about being too young to carry, please keep that out of my thread.

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Whacked
September 30, 2011, 01:23 AM
whats the purpose of carrying an unloaded gun?
macho crap?
to throw it at a BG?

FYI: I am quite sure the LEO's have heard it all before. Are you willing to risk your future as a gun owner just to carry a unloaded gun underage?

BRB
September 30, 2011, 01:35 AM
whats the purpose of carrying an unloaded gun?
macho crap?
to throw it at a BG?
Not exactly...
I was going to carry the mags in my pant pockets, I typically wear pants with mag pouches built in.

I don't know man, if that is too risky to do, that's why I'm asking you guys.

MattTheHat
September 30, 2011, 02:05 AM
Technically, couldn't I tell a LEO that I'm heading to a hunting ground every time I carry? This section of the law does not require me to be with an adult, I think. I'm not exactly a law buff, so if someone else could tell me whether or not I could use this provision to my advantage please tell me. Thank you guys!

P.S. I don't want any drama about being too young to carry, please keep that out of my thread.

There's a word for that...it's called a lie. Any endeavor that starts out with a requirement that you'll need to lie in order to get away with it should be a really good indication that you shouldn't be doing it.

-Matt

basicblur
September 30, 2011, 02:17 AM
Technically, couldn't I tell a LEO that I'm heading to a hunting ground every time I carry?
You ain't gonna get very far with that line-waddya gonna do when he starts asking questions:
1. What are you hunting for?
2. Where are you going to hunt?
3. What are you going to hunt with? (the gun you're carrying-legal for hunting what and what hunting season is it?)
4. Well son, I'll just follow you to your hunting grounds to make sure no other LEO stops you to ask the same pesky questions!

That hunting line will only work in very narrow circumstances, and you better be prepared to do some professional lying with the questions you're going to be hit with.
Then there's that pesky old lying to LE being against the law-whoops...now you have TWO strikes against you, and have probably screwed up your gun owning future!

You are getting the picture, aren't you? :scrutiny:

Telekinesis
September 30, 2011, 02:51 AM
May want to check out Fed law too. I believe there's something in there about having written permission from parents/guardians, but I'm not sure. Also, the law you quoted (in part, I might add) only applies to transport, not carry. While in common vernacular they can mean the same thing, legally they are two separate concepts.

I'm not sure if I'd risk it. I have a hard enough time convincing people that I'm legal to carry a pistol and I'm 20 and have multiple permits to carry. I think you'd be facing an uphill battle if you're just relying on that law and a lie (or "stretch of the truth") to be able to carry a gun. Also never a good idea to lie to a police officer. They get lied to all the time and are usually pretty good at recognizing when someone is lying to them. (And often times they don't know the law in regards to firearms and will just arrest you because they think you're in the wrong. That's happened to several people OCing in AL.)

bikerdoc
September 30, 2011, 05:17 AM
Not gonna fly son.

Better you hook up with some geezer mentors here on the board or in your local area for some quality supervised trigger time.

Carl N. Brown
September 30, 2011, 06:18 AM
Tennessee has long had a "going armed" law from the Reconstruction Era barring the carrying of practically anything intended as a weapon of offense or defense against a person, with sole exception of Army or Navy pistol carried openly in the hand for defense. Going hunting or target shooting or transporting a gun to a gunshop or gunsmith obviously is not carrying for the purpose of "going armed". Tennessee law enforcement is familiar with people "going armed" illegally using one of the legal transportation exceptions as an excuse. I suspect Virginia LEO are familiar that ruse also (my home county Sullican Co. TN borders Scott Co VA).

Technically, couldn't I tell a LEO that I'm heading to a hunting ground every time I carry?

Got a hunting license? Know the seasons, what game is legal to take with a handgun? Cops have been wise to that excuse for a long time in both Tennessee and Virginia. And proposing to use "going hunting" as an excuse for going armed under age in Virginia would not go over well a lot of LE. They have heard that excuse before.

beatledog7
September 30, 2011, 08:25 AM
BRB,

Your willingness--your eagerness--to openly lie in order to break the age restriction law just so you can strut about with a handgun helps anti-gunners support their position.

tyeo098
September 30, 2011, 09:47 AM
Most cops around here (nova) arent even familiar with the (lack of) open carry law.
Somebody phones in a MWAG, you better be ready for some one-on-one time with the fuzz.

AethelstanAegen
September 30, 2011, 09:55 AM
You've made it pretty obvious that you're asking us to condone an illegal activity. Unless you really are going hunting, you'd be breaking the law. Don't do it. Just wait the extra time (it'll go by a lot faster than you'd think) and avoid any legal entanglements which might prevent you from legally carrying (or owning) firearms in the future.

Birch Knoll
September 30, 2011, 10:03 AM
You'll probably violate the Federal Youth Handgun Safety act as well as Virgina law; if you think that the hunting exception is going to stymie the police, then you're in for a hard and fast education.

This is an excellent plan if you wish to be legally barred from ever possessing firearms again for the rest of your life.

NavyLCDR
September 30, 2011, 10:30 AM
May want to check out Fed law too.

You mean this Federal law?

http://www.law.cornell.edu/uscode/usc_sec_18_00000922----000-.html

922. Unlawful acts
(x)
(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(2) It shall be unlawful for any person who is a juvenile to knowingly possess—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(3) This subsection does not apply to—
(A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile—
(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;
(ii) with the prior written consent of the juvenile’s parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except—
(I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or
(II) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile’s parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm;
(iii) the juvenile has the prior written consent in the juvenile’s possession at all times when a handgun is in the possession of the juvenile; and
(iv) in accordance with State and local law;
(B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty;
(C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or
(D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest.
(4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution.
(5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.

ATBackPackin
September 30, 2011, 10:50 AM
Do yourself and your family a favor and wait until you are 18.

As somebody already posted this is a great way to lose your right to ever own a gun for the rest of your life. You have to start thinking risk versus reward. I know I didn't do it much at your age either, but trust me I wish I had and I also wish I had somebody tell me to start.

Do you think that using that excuse that nobody here thinks will fly in order to carry is worth the risk of getting a firearms charge now and possibly essentially losing your 2nd Amendment right?

I would think not.

Shawn

razorback2003
September 30, 2011, 11:55 AM
I know in Tennessee a minor under 18 cannot possess a handgun without parental permission. That is a federal law too that someone must be 18 to possess a handgun, unless are under 18 and have parental permission.

Unless you are going hunting, target shooting, and have parental permission, that would not be smart to strap on a handgun to open carry when under 18 in VA either by the way the law looks. Your gun will probably be taken, you will be fined, and have to mess with some sort of court.

Hunting involves making sure your firearm is legal to use for the particular game. For example, you may be only allowed to use a 22 LR handgun, 22LR rifle, or shotgun with birdshot for small game hunting. If you are carrying your 9mm and want to claim you are 'rabbit hunting' with that, it won't work, especially as a minor.

Creature
September 30, 2011, 12:22 PM
Technically, couldn't I tell a LEO that I'm heading to a hunting ground every time I carry?

So what if he spots you walking out of the grocery store and youre carrying? If you claim your going to or from a hunting ground, you'll have to produce a valid hunting permit for the various game in season.

Its a really bad idea and you would be smart to forget about it.

NavyLCDR
September 30, 2011, 03:37 PM
You might be able to carry a black powder revolver. It's not considered a firearm under Federal law, and I doubt it is under Virginia law.

Like others have said, if you carry unlawfully under the age of 18, it is a felony because of 18 USC 922 (x). There go your firearms for life instead of just 1 or 2 years...

JohnBT
October 1, 2011, 10:44 AM
"Technically, couldn't I tell a LEO that I'm heading to a hunting ground every time I carry? "

Sure, you could tell that to a LEO. Won't work, but you could tell them. Write when you get out of jail.

John in Virginia

vaherder
October 1, 2011, 06:01 PM
My suggestion is you wait until you grow up not a bit but a lot. Another suggestion is you delay owning any type of firearm, drinking alcoholic beverages and driving until you reach the age of forty.

Now why do you want open carry are the seniors picking on you? Too many chocolate swirlees last week? Open carry will not get you any chicks or remove the stigma of being the only one left in your peer group. It will not stop the bullying. If you are being bullied either report it or do something about it that does not involve firearms or deadly weapons. Most bullies are all talk.

One last suggestion get decent grades and graduate and join the USMC. Tell the recruiter you want to play with guns. Check the regs with your parents permission you might be able to join the reserves.

razorback2003
October 1, 2011, 07:49 PM
Stick to using your handgun (with parental permission) at the range or in the woods hunting when you are a minor. Wait until you are 18 to carry your handgun as a weapon in public.

I know Arkansas is stricter than TN and VA because minors there can't even possess a handgun unless under direct parental permission. You are lucky to even be able to hunt with the handgun or take it to the range unsupervised when under 18.

zoom6zoom
October 1, 2011, 08:44 PM
Most cops around here (nova) arent even familiar with the (lack of) open carry law.
Absolutely NOT true. Much progress has been made over the past few years, and most departments are pretty well acquainted with the situation.

However, to OC you must be able to legally possess a handgun, for which the minimum age is 18.

tyeo098
October 1, 2011, 09:23 PM
Absolutely NOT true. Much progress has been made over the past few years, and most departments are pretty well acquainted with the situation.

However, to OC you must be able to legally possess a handgun, for which the minimum age is 18.
Have you ever been to Loudoun county?

America's finest.

brickeyee
October 2, 2011, 01:46 PM
And make sure you have a valid hunting license, with any applicable stamps affixed.

Others already told you to check what season is open and make sure you are even allowed to hunt the open species with a handgun.


Do you really want to get in that much trouble?

AlexanderA
October 2, 2011, 04:35 PM
I live in Fairfax County, Virginia. This is an urban/suburban area, right next to Washington, D.C. Open carrying by anyone, other than LE, is inappropriate here, although it's legal. That is, what is legal may not be wise. Those who are open carrying "to make a statement," in my opinion, are making a grave mistake. Public opinion here is at best neutral regarding guns, if not fully antigun. An "in your face" display of weaponry will tend to alienate people, not make us any friends. Especially open carry by someone who is obviously underage.

Batty67
October 3, 2011, 07:08 PM
As a long-time resident of Fairfax County in Northern VA, I pretty much agree with Alexander A. As for the original poster, and like everyone esle has posted: keep it legal son, and be supervised and wait until you're 18...

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