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Posted: 3/27/2014 8:16:33 AM EDT
Can someone give me cliff notes on Virginia's laws? I am from NC, and I have a valid NC concealed carry permit.
I know that my permit is reciprocal with VA, but where am I allowed to carry and not to carry? NC has some strange laws on where you can and can't. What is the status of open carry in VA? Is it different for pistols and long guns? What is the legal status of automatic opening knives in VA? Not assisted, but the push-button type. Are there any additional state-level restrictions on NFA items? A suppressor is likely my next purchase. Do any cities, counties, municipalities, etc. have additionally restrictive gun laws in VA? Are they even allowed to? Thanks in advance! EDIT: Also, where can one go to shoot 1000 yds in the NOVA area? DOUBLE EDIT: Where can I shoot some USPSA/IPSC matches in the area? |
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Can someone give me cliff notes on Virginia's laws? I am from NC, and I have a valid NC concealed carry permit. I know that my permit is reciprocal with VA, but where am I allowed to carry and not to carry? NC has some strange laws on where you can and can't. Can't carry in courthouse, K-12 schools except in traffic circle, or places that post no firearms. Federal stuff like post offices is the same as everywhere else. You can carry in a bar, but you can't drink while carrying. What is the status of open carry in VA? Is it different for pistols and long guns? Good to go, in any place where firearms are lawful, which is pretty much same as above. What is the legal status of automatic opening knives in VA? Not assisted, but the push-button type. It is illegal to sell 'Switchblades'. Possession of a 'switchblade' is prima facia evidence of intent to sell. The newer auto openers really push the grey line, I don't think it's been decided Are there any additional state-level restrictions on NFA items? A suppressor is likely my next purchase. All NFA is good here, but there is an additional registration for Machine Guns with the VSP. Do any cities, counties, municipalities, etc. have additionally restrictive gun laws in VA? Are they even allowed to? No. The game and hunting laws vary county to county, but the specific carry laws are the same. 'State Preemption' here. Thanks in advance! EDIT: Also, where can one go to shoot 1000 yds in the NOVA area? DOUBLE EDIT: Where can I shoot some USPSA/IPSC matches in the area? View Quote |
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To expand on the first answer, 'no guns' signs don't have any legal ramifications. The business can only ask you to take it out or leave, which if you don't you are then trespassing. eta- of course this doesn't include courts, schools, other .gov restricted places.
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Welcome to VA.
If you like our excellent gun laws, please join VCDL. They, along with their members, are THE reason we have the great gun laws that we do. |
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Can someone give me cliff notes on Virginia's laws? View Quote As you will have to bear the burden of any unlawful actions, I'd suggest you consider taking a little more responsibility to assuring your knowledge of relevant laws. Here's a link that could be characterized as the Cliff Notes on firearms laws (including carry): < - Click Me, I'm a Link - > What is the status of open carry in VA? Is it different for pistols and long guns? View Quote One of the myriad of laws that bears on whether or not a gun is lawfully carried is excerpted below: 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. View Quote The zealousness of the police, Magistrate and Commonwealth Attorney (some of whom have proven to be as anti-2A as Billionaire Bloomturd) will also play a role, should you become involved with the 'justice' system. Here's an example, that was described in a a VCDL Alert: A VCDL member has been arrested and is being prosecuted falsely for brandishing a firearm - this time in Henrico County.
The allegation is that he was observed by a school bus driver as he moved his handgun from the glove compartment to a console, and that caused the school bus driver to become afraid. (A mental condition called "hoplophobia" - a morbid and irrational fear of weapons.) The VCDL member was not aware that there was any kind of a problem until 48 hours later when he was arrested in front of his family! Worse, he was held in jail for almost 13 hours because the Magistrate did not want to take responsibility for allowing him to be free until trial. View Quote With the change in governors to one who is rabidly anti-2A, look for such 'happenstances' to increase in the coming months. As long as you don't vote for liberal/progressive types, welcome to the Commonwealth! |
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EDIT: Also, where can one go to shoot 1000 yds in the NOVA area?
The only range in the area capable of a grand is aboard Marine Corps Base - Quantico. You need to be in with the formal bench rest gang to get on that range. DOUBLE EDIT: Where can I shoot some USPSA/IPSC matches in the area? Several USPSA clubs within driving distance in Virginia, Maryland and PA. The club finder on the USPSA web site would be the place for details. Fredericksburg Practical Shooters Quantico has a club again. NRA Range is going to affiliate. North Mountain out near Strasburg. Eastern Shore, St Charles, and MPSA in Maryland. York IWLA in PA. Welcome to the Old Dominion. |
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Welcome to VA. If you like our excellent gun laws, please join VCDL. They, along with their members, are THE reason we have the great gun laws that we do. View Quote +1 |
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As you will have to bear the burden of any unlawful actions, I'd suggest you consider taking a little more responsibility to assuring your knowledge of relevant laws. Here's a link that could be characterized as the Cliff Notes on firearms laws (including carry): < - Click Me, I'm a Link - > One of the myriad of laws that bears on whether or not a gun is lawfully carried is excerpted below: The zealousness of the police, Magistrate and Commonwealth Attorney (some of whom have proven to be as anti-2A as Billionaire Bloomturd) will also play a role, should you become involved with the 'justice' system. Here's an example, that was described in a a VCDL Alert: With the change in governors to one who is rabidly anti-2A, look for such 'happenstances' to increase in the coming months. As long as you don't vote for liberal/progressive types, welcome to the Commonwealth! View Quote View All Quotes View All Quotes Quoted:
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Can someone give me cliff notes on Virginia's laws? As you will have to bear the burden of any unlawful actions, I'd suggest you consider taking a little more responsibility to assuring your knowledge of relevant laws. Here's a link that could be characterized as the Cliff Notes on firearms laws (including carry): < - Click Me, I'm a Link - > What It . . .. A VCDL member has been arrested and is being prosecuted falsely for brandishing a firearm - this time in Henrico County. The allegation is that he was observed by a school bus driver as he moved his handgun from the glove compartment to a console, and that caused the school bus driver to become afraid. . . . With the change in governors to one who is rabidly anti-2A, look for such 'happenstances' to increase in the coming months. As long as you don't vote for liberal/progressive types, welcome to the Commonwealth! Larry did an excellent job here. In general, our current laws are excellent. But, here is an important difference for you to know: In VA there is NO duty to inform LEOs like there is in NC. And you might consider whether is is wise to inform in your new area: NOVA (Alxandria specifically). As you know, your NC permit is good here. However, another NC permit holder travelling in NOVA a few years back decided to inform when he got pulled over for a minor traffic offense. The Falls Church police then executed a felony stop, would not listen to the NC resident about "reciprocity" - were ignorant of reciprocity, and also charged the permit holder with a "possession of hollowpoints during a crime" charge (the idea was the NC guy must be carrying illegally - because he had a NC license, permit, and a loaded gun). Eventually a judge threw that one out. No idea how much $$ it cost the guy and now he has a federal arrest record for a firearms offense which can never be erased, and which will probably cause NICS headaches for the rest of his life. If he had just kept his mouth shut, the issue of his legally-carried gun probably would never have come up, and he would not have been arrested and charged. Hopefully every department in the entire Commonwealth underwent mandatory re-education classes to explain reciprocity and how it works - but I believe that's wishful thinking on my part. OP - just get your new VA driver's license asap, and get a VA permit. The VA permit is linked to your vehicle registration (ie license plate) but not necessarily the vehicle's driver - so your wife might be asked about a concealed weapon if she's driving your car. Personally, I think the police tend to give drivers with an in-state CCW a break more often than other drivers; the fact that you have an in-state permit in NOVA tells the officers you've passed the background check, probably turned over your fingerprints to them, and are actively trying to cooperate with the police. They certainly are polite - at least in my experience. |
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Welcome to VA. If you like our excellent gun laws, please join VCDL. They, along with their members, are THE reason we have the great gun laws that we do. View Quote x 100 |
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As you will have to bear the burden of any unlawful actions, I'd suggest you consider taking a little more responsibility to assuring your knowledge of relevant laws. Here's a link that could be characterized as the Cliff Notes on firearms laws (including carry): < - Click Me, I'm a Link - > One of the myriad of laws that bears on whether or not a gun is lawfully carried is excerpted below: <snip> View Quote View All Quotes View All Quotes Quoted:
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Can someone give me cliff notes on Virginia's laws? As you will have to bear the burden of any unlawful actions, I'd suggest you consider taking a little more responsibility to assuring your knowledge of relevant laws. Here's a link that could be characterized as the Cliff Notes on firearms laws (including carry): < - Click Me, I'm a Link - > What is the status of open carry in VA? Is it different for pistols and long guns? One of the myriad of laws that bears on whether or not a gun is lawfully carried is excerpted below: 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. <snip> Jeez, you left out the important part: 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. |
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Jeez, you left out the important part: View Quote View All Quotes View All Quotes Quoted:
Jeez, you left out the important part: 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. Yes, indeedy. Guilty as charged. Ain't reading grand ... |
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LOL It ain't QUITE that bad to shoot at Quantico. You can go as a guest of a member of the shooting club or join your own self (.mil and DOD civs become members right away but sometimes there's a delay for straight up civs because of some kind of required ratio).
The big prob is finding RSO's to open the ranges on the weekend and military scheduling (bad in the summer). Guys, what's the possibility of getting our reps in Richmond to change the auto knife laws? We ain't talking about JD's with duck's ass hairdo's flicking cheap Italian stilettos at each other and dancing under bridges. Auto knives are issued to cops, .mil, firefighters and EMS, etc and can cost hundreds of dollars - in other words, these aren't your daddies switchblades anymore. It's time the laws change. |
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To expand on the first answer, 'no guns' signs don't have any legal ramifications. The business can only ask you to take it out or leave, which if you don't you are then trespassing. eta- of course this doesn't include courts, schools, other .gov restricted places. View Quote I'm going to disagree with this line of thinking until someone proves otherwise |
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I'm going to disagree with this line of thinking until someone proves otherwise View Quote View All Quotes View All Quotes Quoted:
To expand on the first answer, 'no guns' signs don't have any legal ramifications. The business can only ask you to take it out or leave, which if you don't you are then trespassing. eta- of course this doesn't include courts, schools, other .gov restricted places. I'm going to disagree with this line of thinking until someone proves otherwise I previously would have agreed with him, but there appears to be new verbiage since the 18.2-308 Rewrite which now turns it back to a Class 1 Concealed Weapon violation, if I'm reading it correctly: prev | next § 18.2-308.01. Carrying a concealed handgun with a permit. A. The prohibition against carrying a concealed handgun in clause (i) of subsection A of § 18.2-308 shall not apply to a person who has a valid concealed handgun permit issued pursuant to this article. The person issued the permit shall have such permit on his person at all times during which he is carrying a concealed handgun and shall display the permit and a photo identification issued by a government agency of the Commonwealth or by the U.S. Department of Defense or U.S. State Department (passport) upon demand by a law-enforcement officer. A person to whom a nonresident permit is issued shall have such permit on his person at all times when he is carrying a concealed handgun in the Commonwealth and shall display the permit on demand by a law-enforcement officer. A person whose permit is extended due to deployment shall carry with him and display, upon request of a law-enforcement officer, a copy of the documents required by subsection B of § 18.2-308.010. B. Failure to display the permit and a photo identification upon demand by a law-enforcement officer shall be punishable by a $25 civil penalty, which shall be paid into the state treasury. Any attorney for the Commonwealth of the county or city in which the alleged violation occurred may bring an action to recover the civil penalty. A court may waive such penalty upon presentation to the court of a valid permit and a government-issued photo identification. Any law-enforcement officer may issue a summons for the civil violation of failure to display the concealed handgun permit and photo identification upon demand. C. The granting of a concealed handgun permit pursuant to this article shall not thereby authorize the possession of any handgun or other weapon on property or in places where such possession is otherwise prohibited by law or is prohibited by the owner of private property. If the permit is no longer valid (due to subsection C, or being intoxicated, etc), then you default to illegality of carrying a concealed weapon. |
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quick aside... you should show up here next Wednesday -> http://www.ar15.com/forums/t_8_24/556162_Arlington_Almost_Spring_get_together__Next_Wed__4_16_14.html&page=1&anc=6102534#i6102534
There will be at least a couple of us there who can walk you through the USPSA, 3gun, and longer distance shooting in this area. |
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I previously would have agreed with him, but there appears to be new verbiage since the 18.2-308 Rewrite which now turns it back to a Class 1 Concealed Weapon violation, if I'm reading it correctly: prev | next § 18.2-308.01. Carrying a concealed handgun with a permit. A. The prohibition against carrying a concealed handgun in clause (i) of subsection A of § 18.2-308 shall not apply to a person who has a valid concealed handgun permit issued pursuant to this article. The person issued the permit shall have such permit on his person at all times during which he is carrying a concealed handgun and shall display the permit and a photo identification issued by a government agency of the Commonwealth or by the U.S. Department of Defense or U.S. State Department (passport) upon demand by a law-enforcement officer. A person to whom a nonresident permit is issued shall have such permit on his person at all times when he is carrying a concealed handgun in the Commonwealth and shall display the permit on demand by a law-enforcement officer. A person whose permit is extended due to deployment shall carry with him and display, upon request of a law-enforcement officer, a copy of the documents required by subsection B of § 18.2-308.010. B. Failure to display the permit and a photo identification upon demand by a law-enforcement officer shall be punishable by a $25 civil penalty, which shall be paid into the state treasury. Any attorney for the Commonwealth of the county or city in which the alleged violation occurred may bring an action to recover the civil penalty. A court may waive such penalty upon presentation to the court of a valid permit and a government-issued photo identification. Any law-enforcement officer may issue a summons for the civil violation of failure to display the concealed handgun permit and photo identification upon demand. C. The granting of a concealed handgun permit pursuant to this article shall not thereby authorize the possession of any handgun or other weapon on property or in places where such possession is otherwise prohibited by law or is prohibited by the owner of private property. If the permit is no longer valid (due to subsection C, or being intoxicated, etc), then you default to illegality of carrying a concealed weapon. View Quote View All Quotes View All Quotes Quoted:
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To expand on the first answer, 'no guns' signs don't have any legal ramifications. The business can only ask you to take it out or leave, which if you don't you are then trespassing. eta- of course this doesn't include courts, schools, other .gov restricted places. I'm going to disagree with this line of thinking until someone proves otherwise I previously would have agreed with him, but there appears to be new verbiage since the 18.2-308 Rewrite which now turns it back to a Class 1 Concealed Weapon violation, if I'm reading it correctly: prev | next § 18.2-308.01. Carrying a concealed handgun with a permit. A. The prohibition against carrying a concealed handgun in clause (i) of subsection A of § 18.2-308 shall not apply to a person who has a valid concealed handgun permit issued pursuant to this article. The person issued the permit shall have such permit on his person at all times during which he is carrying a concealed handgun and shall display the permit and a photo identification issued by a government agency of the Commonwealth or by the U.S. Department of Defense or U.S. State Department (passport) upon demand by a law-enforcement officer. A person to whom a nonresident permit is issued shall have such permit on his person at all times when he is carrying a concealed handgun in the Commonwealth and shall display the permit on demand by a law-enforcement officer. A person whose permit is extended due to deployment shall carry with him and display, upon request of a law-enforcement officer, a copy of the documents required by subsection B of § 18.2-308.010. B. Failure to display the permit and a photo identification upon demand by a law-enforcement officer shall be punishable by a $25 civil penalty, which shall be paid into the state treasury. Any attorney for the Commonwealth of the county or city in which the alleged violation occurred may bring an action to recover the civil penalty. A court may waive such penalty upon presentation to the court of a valid permit and a government-issued photo identification. Any law-enforcement officer may issue a summons for the civil violation of failure to display the concealed handgun permit and photo identification upon demand. C. The granting of a concealed handgun permit pursuant to this article shall not thereby authorize the possession of any handgun or other weapon on property or in places where such possession is otherwise prohibited by law or is prohibited by the owner of private property. If the permit is no longer valid (due to subsection C, or being intoxicated, etc), then you default to illegality of carrying a concealed weapon. That wording was always there...it was previously known as 18.2-308 (O).....and we came up with the same conclusion then as you came up with now. |
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Quoted: That wording was always there...it was previously known as 18.2-308 (O).....and we came up with the same conclusion then as you came up with now. View Quote View All Quotes View All Quotes Quoted: Quoted: C. The granting of a concealed handgun permit pursuant to this article shall not thereby authorize the possession of any handgun or other weapon on property or in places where such possession is otherwise prohibited by law or is prohibited by the owner of private property. If the permit is no longer valid (due to subsection C, or being intoxicated, etc), then you default to illegality of carrying a concealed weapon. That wording was always there...it was previously known as 18.2-308 (O).....and we came up with the same conclusion then as you came up with now. Subsection C states that you are not authorized to have a weapon, it doesn't say anything about a concealed weapon. What is the penalty for possessing a weapon in a prohibited place? |
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quick aside... you should show up here next Wednesday -> http://www.ar15.com/forums/t_8_24/556162_Arlington_Almost_Spring_get_together__Next_Wed__4_16_14.html&page=1&anc=6102534#i6102534 There will be at least a couple of us there who can walk you through the USPSA, 3gun, and longer distance shooting in this area. View Quote Just checked the thread, I think I'll try to make it! |
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LOL It ain't QUITE that bad to shoot at Quantico. You can go as a guest of a member of the shooting club or join your own self (.mil and DOD civs become members right away but sometimes there's a delay for straight up civs because of some kind of required ratio). The big prob is finding RSO's to open the ranges on the weekend and military scheduling (bad in the summer). Guys, what's the possibility of getting our reps in Richmond to change the auto knife laws? We ain't talking about JD's with duck's ass hairdo's flicking cheap Italian stilettos at each other and dancing under bridges. Auto knives are issued to cops, .mil, firefighters and EMS, etc and can cost hundreds of dollars - in other words, these aren't your daddies switchblades anymore. It's time the laws change. View Quote It's pretty easy to become a member of the Quantico Shooting Club. Just fall within the requirements for being a Regular or Associate member. The details can be found at QSC Membership. The 1000 yard range is open for recreational shooting on most weekends. Just check the club calendar. No need to be connected to any high speed bench rest operators. I spend most of my time on Range 1, which is 300 meters maximum, but do plan to hit Range 4 (1000 yards) this year. The RSOs are all volunteers who have passed the certification course and donate their time to keep the ranges open. |
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'The Virginia Gun Owners Guide' [Bloomfield Press http://www.bloomfieldpress.com/] is a must read.
ALL of Virginia lethal force law is COMMON law. We do not have any statute law. For us, for the police. We run under the same common law. The police do get a notable exception in the brandishing law, and also have their department regulations. Many of the older cases are Virginia Supreme Court cases. We did not have an appellate level for a long time. |
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Your NC permit is a RESIDENT permit from what I have gathered from your post.
You are making a 'permanent' move to Va, correct? As in moving due to employment? When you move to VA with the intent to become a resident (no, 'your' intent doesn't matter, the state has rules regarding residency unless you are covered under a provision of federal law such as the Soldiers and Sailors Relief Act), your NC permit is no longer viewed as acceptable in lieu of a Va resident permit. IIRC, Va 'assumes' you 'intend' to become a resident after after you reside in Va for 30 days, but it MIGHT be 60. Been a while since I've had to deal with it... You should check into what defines residency to cover yourself... |
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