Are you ready for a really newb question??

[TeamPrecisionIT]

I live in Virginia and am wondering, if while in the process of applying for a CCW, can I just open carry and have no legal issues? I know I might sound like a fear induced punk, but I am just wondering so I don't get into any legal ramifications with the police.

Damian

 

[RNB65]

Yes, open carry is legal in VA everywhere except airport terminals, churches, courthouses, schools, national parks, and private property that is marked with a "no guns" sign. However, you can expect to be harassed by local LEO's in major metro areas (Richmind, NOVA, Norfolk/VA Beach). OC is legal but a lot of cops will still give you a hard time.

 

[TeamPrecisionIT]

But by giving me a hard time means they can't do anything though right? I understand since you're saying its legal then I should be g2g so my worries are little, thank you.

Damian

 

[Thernlund]

If you feel like "fighting the good fight", sure. Technically they can't really do anything, and in the end you'll come out on top (assuming you weren't doing anything else illegal).

But it really all depends on your drama tolerance level.


-T.

 

[Rmac58]

It is your constitutional right to open carry in Va. No brandishing, of course.
If LEO's give you a hard time, contact their supervisors.
If you still get the run around, contact VCDL.

 

[IMTHDUKE]

Most of the time it's not worth the problems your going to get from local jurisdictions who's gun laws will be enforced over state's. In Alabama you may open carry, but not in a car without a ccw, go figure, however, in my local town open carry in prohibited and their law is enforced over state law. Your better off finding out what the locals are going to do and what laws they enforce first.

 

[SaxonPig]

Can't do anything? Cops can ALWAYS do something. Unless you have cash for bail and an attorney on speed dial I wouldn't pack a gun in an area where the cops object. They may be wrong but they still have arrest powers.

 

[IMTHDUKE]

Can't do anything? Cops can ALWAYS do something. Unless you have cash for bail and an attorney on speed dial I wouldn't pack a gun in an area where the cops object. They may be wrong but they still have arrest powers.

You absolutely correct.

 

[heritageguy]

What they can do is determine if the gun is stolen and/or determine whether you are, or not, a convicted felon in illegal possession of a firearm. In any event it's going to take some of your time!

 

[kingpin008]

Saxonpig nailed it. Yes, you may be perfectly legal to OC in VA. That doesn't mean that in certain areas you won't be harassed, arrested, and forced to spend a ton of time and cash getting yourself out of jail and possibly fighting to get your gun back. A few members of the VCDL (most notably a fella named Chet Syzmecki (hope I didn't mangle his last name too badly) have been hemmed up by ignorant cops recently, and made to jump through a bunch of hoops to restore their rights.

Be careful, and OC all you want as long as you're in a legal area to do so. But don't expect everyone to be your friend because of it...

 

[azlobo]

Watch the first 15 minutes or so of this video about talking to the police to see why you can ALMOST ALWAYS be found to be doing SOMETHING illegal. It's not specific to CC/OC etc but it could apply in so many situations including the subject of this post.

The whole video is a lecture/presentation in a law school, and is 1/2 (first 20 or so minutes) presented by a law professor and 1/2 presented by a Tidewater city criminal investigator. Its well worth 47 minutes to watch. Its also from Virginia BTW (Regent L.S., tidewater VA area).

I also had a ADJ instructor in the Piedmont area (south central VA) once tell me (hope the laws have changed since in VA) that while open carrying was legal, many cities ban loaded firearms in 'public areas' (which can be interpreted as basically anywhere in city limits - and this isn't just the Northern and Eastern larger cities). This could give an officer (in the instructors rationale) grounds to stop you and the authority to check your weapon without any other existent circumstances.

Please somebody living in Virginia today correct me on this if this 'loophole' has been changed or if the instructor was mistaken originally (back in the early nineties; the instructor himself a transplant from the Seattle area where he was a LEO for 20 years, which might explain the gleam in his eye when explaining this loophole to the class The guy was a real nice person and a great instructor all-around, but this factoid he shared once has always stuck in my gullet). I love Virginia, but I moved out to the Southwest about 10 years ago.

 

[basicblur]

'Specially since you're in VA, you need to spend some time at the Open Carry & VCDL sites. I'd also recommend you sign up for VCDL's free e-mail updates if you're not a member (you'll probably join after you become familiar with their work).
I'm not that familiar with the Open Carry folks as I tend to get most of my open carry info through VCDL.

 

[rcmodel]

If LEO's give you a hard time, contact their supervisors.

Just be sure and do it before they beat the crap out of you!

rcmodel

 

[Rmac58]

rcmodel, if LEO's do this, and you have not given them probable cause, you won't have to work another day in your life, and sue for medical costs.
Yes, you have to have your wits about you. If you don't/can't, don't OC.

Those that cow-tow will be trampled upon.
Mine as far as I know, yet I'm sure someone else has put it far more eloquently.

 

[MAKster]

In Virginia it is so easy and quick to get a CHP, you really don't need to deal with open carry if you don't want the potential hassles. All you need to do is fill out a one page form, show some proof of training, and pay $50. They are required to send you your permit in 45 days. The training requirement can be anything. A basic handgun class, hunter safety class, or military service works. There is no live fire requirement or test. I took a three hour course and my proof of training was a hand filled out certificate that looked like it had been photocopied a hundred times.

 

[LongRider]

CHECK THE LAW IN YOUR STATE.
Most states allow open carry with out a permit. But not all. KNOW YOUR STATES LAW. Read it copy it print it out carry it with you
Most states have state preemption laws so that counties cities towns etc can not enforce gun laws stricter than state law, meaning state law applies every where. But not all. KNOW YOUR STATES LAW. Read it copy it print it out carry it with you

Can't do anything? Cops can ALWAYS do something. Unless you have cash for bail and an attorney on speed dial I wouldn't pack a gun in an area where the cops object. They may be wrong but they still have arrest powers.

And you have the power to file a criminal unlawful imprisonment charges and a civil law suit. There are several folks getting rich off of lawsuits like that. Not the best way to advance the cause of 2A but when thugs violate our rights and use their uniform to abuse us under color of the law there is often no other way make them get a grip. Make them understand they are not above the law.
In most cases if a LEO actually takes you to jail you will be released immediately by those who know the law as they kiss your rear on the way out the door hoping you don't sue. While the idiot criminal who arrested you will be getting ripped a new one. Hopefully I have emphasized it enough but in case I have not. KNOW YOUR STATES LAW.. Read it copy it print it out carry it with you.
Generally speaking the worst that happens is that LEO who do not like the Constitution of the United States will stop you and try to lecture you or treat you like some idiot scum bag. IMO, It is on you to conduct yourself in a responsible socially acceptable and respectful manner. If you do not like how you are treated contact their superiors or lawyer afterwards. A good source of info about open carry with contacts in your local area is OpenCarry.com