VA and TN residents: couple of questions

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Tom Servo

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Something's come up, and I have to drive from Georgia to Fairfax, Virginia tomorrow.

I know my Georgia Firearms License is honored in Tennessee, but not in Virginia (I won't be passing through the Carolinas). I just need clarification on a couple of finer points of law.

What concerns me is carry in the car. In Tennessee, where I'm essentially licensed, are there any restrictions against simply having it on my hip in the car?

Virginia code is a bit unclear. Obviously, I'll have to take the gun off. Is it legal if it's in a snapped holster, in a zipped range bag in the rear of the vehicle? If not, how "ready" can it be without getting illegal?

Not to offend anyone from those states: I don't think you're a dangerous bunch, I just like to be prudent when entering unfamiliar territory.
 
in TN, you're GTG with open carry or pretty much HOWever you want. it's the WHEREever that can get you.
 
I carry daily here in Tn in a holster on my hip. As far a VA, I have no idea.

Tenn. is pretty straighforward, no schools (fed law), no courtrooms while in session, no place that serves acohol by the drink (does NOT includ conv. stores, even though you will find some that still have the old signs up), No parks (state, national, local gov owned), and you are NOT required to inform if stopped, I feel it's a good idea to but the law says you are not required to. Oh and no loaded long guns of any type.
 
You're fine in VA. The two criteria the LEO's consider in VA regarding unlicensed CC is where the gun is concealed from view and whether it's within reach. As long as it's out of reach, you're good to go.

Also, VA is an open carry state. As long as the gun is in plain sight, you can wear it on your hip if you like.
 
Open carry all day long. Have fun.

Make sure to get on VCDL's site and print their gun rights pamphlet.
 
Also, VA is an open carry state. As long as the gun is in plain sight, you can wear it on your hip if you like.
Thanks for the info on Tennessee. Looks like smooth sailing.

On Virginia, I'm a bit curious. I haven't followed the VCDL's work as much as I'd like. If I'm in the car, and it's sandwiched between my body and the seat, would that be considered concealed?

I usually prefer to conceal, but I also have a thing about having my weapon close at hand. Would the fact that I'm an out-of-stater be a problem with open carry? Are there any municipalities with more prohibitive regulations or law enforcement agencies that frown on it?

Thanks for the quick responses, guys!
 
I'd be careful 'bout carrying on your hip in your car in VA if your CC license is not honored here-if the LEO cannot see it (even if it's on your hip) you could possibly get hassled 'bout concealment? You'd probably be better off just having it on the passenger seat-just make sure nothing covers it!

The two criteria the LEO's consider in VA regarding unlicensed CC is where the gun is concealed from view and whether it's within reach.

Former LEO that spoke to our CHP class stated many go by the “two moves rule”.
For unlicensed concealment, if the gun is located somewhere that requires you to make two distinct moves, you’re OK (but I wouldn’t bet every LEO sees it that way?).
In other words (according to him), if it’s on your back seat you’ve got a problem (would require only 1 move, however difficult, to retrieve). If it’s on your back seat but in a case (locked?), then it would require 2 distinct moves to retrieve, and you should be OK.
‘Course, you can see where this could be open to a bit of interpretation?

Best bet is just leave it on the passenger seat, in the open.
Once you're out of the car, OC on your hip is fine in most instances.

I'd second checking out VCDL's site-lots of good info/official documents etc there.
 
dra, you are incorrect on one minor point.

I carry daily here in Tn in a holster on my hip. As far a VA, I have no idea.

Tenn. is pretty straighforward, no schools (fed law), no courtrooms while in session, no place that serves acohol by the drink (does NOT includ conv. stores, even though you will find some that still have the old signs up), No parks (state, national, local gov owned), and you are NOT required to inform if stopped, I feel it's a good idea to but the law says you are not required to. Oh and no loaded long guns of any type.

It is not per Fed Law that our schools are banned. It is per STATE law. The Federal law only kicks in if there are no laws regulating how firearms are carried on school premises. TN State law does allow firearms on school grounds under very limited circumstances, and our now gutted Safe Harbor Act would have made you immune to prosecution under certain circumstances. Going back to the laws banning carry in schools, if the STATE law was changed allowing HCP holders to carry in schools, we legally could, as residents of Oregon can in their schools.

ETA: You may also find useful information here: http://opencarry.org/maps.html
 
You are right of course. I just figured it would be simpler to tell him no scholls than get into the in your car is of but don't touch it while on school property. And yes I was incorrect on it being Fed law, that's for the post office which I have my pet peeve about anyway.:banghead:
 
Tenn. says you can open cary but it is advised not to to avoid the hassle you will most likely get. Also the law does not limit the amount of handguns you may carry. :)
 
VA Open Carry in Car and Bar

In Virginia, open carry is fully legal. BUT, the rules as they apply mean truly open - the gun has to be visible. (If concealed means concealed, then open means open.)
This adds an important aspect when in your vehicle. For the carry to qualify as open, the firearm must be visible to anyone (and especially LEOs) as hey approach your vehicle. Leaving it in a quite proper OC holster on your hip turns into concealed carry as soon as you sit down in the vehicle.
Therefore, the VA State Police advice I read was to place the gun either on the dashboard or on the front passenger seat next to you. Only then are you complying with OC requirements. You can re-holster as you get out of the vehicle.
Since you will be a visitor in our fair state, I'll also remind you of a curious nuance of our laws. Should you enter an establishment that serves alcoholic beverages, the ONLY legal way to carry is OC. I often carry my .38 snub when going to the range. Preferred mode is pocket holster. However, if the wife and I expect to stop off for a sandwich or enchilada en route home after shooting, I bring along an OC holster. (Establishments have the*right to ban guns, and yoru OC right in VA does not trump their private property right. If the sign says no, the law is on their side. Further, there are no specific requirements for sign size or wording, like we hear about in Texas.)
Now, having very recently been in TN, I can tell you they have a different deal. Carry of any kind, Open or Concealed, is illegal in any place that serves alcohol. The big sign behind the cashier at the Mexican place I had lunch promise heavy fines for violating the no gun law in there.
SO.. if you stop for a bite and the place serves beer, wine or other, leave the gun locked in the car in TN, and check the signs at the door in VA to see if your OC is OK.

Craig
 
There are plenty of LEO's in VA who really have an abysmal understanding of the law regarding firearms carry. There was a huge incident in Fairfax County recently involving a fella from NC with concealed handgun permit. The cops screwed it up royally. If you want to read about it, and all the post-mortem, see http://opencarry.mywowbb.com/forum54/12577.html

You would be foolish to "sandwich" the gun between your body and some part of the car. I could see one of the non-cognoscenti going completely ballistic over that sort of thing. Plus, that stunt probably IS, in fact, illegal.
"Hidden from common observation."

If you don't have a carry permit, lock it up, separate from the ammunition.
Avoid encounters with the police.
Avoid the headache.

That is all.
 
dra, carry in the post office is not prohibited.

bullseye, that is funny. I was out open-carrying today. Didn't get hassled, again. Open Carry to your hearts content. Contrary to the cowards and nay-sayers, you will be fine. To date, I have heard of one case in the entire state where an OCer was hassled. (Transplant cop from Ohio who knew nothing in Knoxville).
 
somekid,

On the post office thing, you need to post the law. IIFC the post office building was considered a fed. building. Therefore making it off limits.:confused:
 
bullseye, that is funny. I was out open-carrying today. Didn't get hassled, again. Open Carry to your hearts content. Contrary to the cowards and nay-sayers, you will be fine. To date, I have heard of one case in the entire state where an OCer was hassled. (Transplant cop from Ohio who knew nothing in Knoxville).
Who are the "cowards," SomeKid?

dra, carry in the post office is not prohibited.
Really? You might recheck that view, SomeKid. Do you open carry in post offices?
 
I have OCed into Post Offices. I don't make a point to carry either way.

Here we go, again.

Simply being Federal does not make land off limits. Lets just put that fact out their first. Secondly, the PO has something like 3 regs, and the third is for lawful purposes. Yes, I am paraphrasing. Go look them up, and you can see for yourself.

Oh, and FCFC, the cowards I refer to are simply anyone afraid to open-carry, even when legal, simply because they are afraid of the much over-hyped and virtually non-existent hassle.
 
Oh, and FCFC, the cowards I refer to are simply anyone afraid to open-carry, even when legal, simply because they are afraid of the much over-hyped and virtually non-existent hassle.
Then count me a coward as well. I don't feel like drawing undue attention (good or bad) to myself.

No problem in Tennessee, where I could (and did) legally conceal. In VA, I simply chose to stow the gun out of reach. I was there for a funeral, and the last thing I needed was to get hassled or possibly detained on a misunderstanding.

In my home state, at my leisure, perhaps. ~600 miles from home, it's a different story. FWIW, the only potential need I encountered was remote, but the less said about my ten minutes in Marion, the better :eek:

FWIW, both states offer some gorgeous scenery through the mountains, and I found people to be much friendlier, both behind the wheel and in person, than in my home state.
 
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