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Posted: 11/26/2001 1:09:39 PM EDT
Sounds interesting (in areas that don't prohibit it). As far as I understand it, long guns aren't prohibited? Looking at this law: [url]http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-287.4[/url] does that mean it's legal to carry around a loaded (or unloaded) post ban AR/AK in public places as long as I don't use over 20round magazines? [thinking] ...not like I would be willing to "test" this law by walking into a supermarket with my ar-15 on my back. :) [shock] Robby
Link Posted: 11/26/2001 6:13:50 PM EDT
Good luck! I have seen open carry of handguns in Charlottesville upon rare occassion. Rifles and shotguns is a no-no. Most counties prohibit carrying of loaded rifles or shotguns along roads,and since most places I know of are near roads.... The hunting regulations for VA have a good synopsis of the county by county (predating state pre-emption) laws on carrying or discharging weapons near right of ways. Anyway, if what you did annoyed people, you would be cited for public disturbance, assuming you weren't asked to leave on penalty of trespassing charges. Just get a carry permit and be happy that you don't live in NJ :)
Link Posted: 11/26/2001 9:13:58 PM EDT
Howdy, So long as one is not in a locality that prohibits the carry of weapons openly, then yes, one could carry an AR around, so long as it didn't have a magazine of higher capacity than 20 rounds in place at the time. Hunting/game laws generally prohibit loaded weapons in vehicles and shooting across or near roadways. In Albemarle County, our county ordinance prohibits the transportation of a loaded rifle or shotgun in a vehicle, not walking down the street with a loaded rifle or shotgun. Its a common misconception, but there is no charge of "Public Disturbance" in Virginia. The closest charge is disorderly conduct, and that does not apply in any way, shape, or form to legally carrying a firearm. Neither does bransihing or assault unless the carrier points or threatens someone with the weapon. One could be charged with trespassing if they refused to leave private propety, but only if they were asked to do so and refused. Landric
Link Posted: 11/27/2001 4:01:48 AM EDT
[Last Edit: 11/27/2001 3:53:55 AM EDT by Kharn]
What are the rules on those between 18 and 21 and the rules for those under 18 carrying openly in Virginia? Kharn
Link Posted: 11/27/2001 7:38:49 AM EDT
Kharn, 18.2-308.7 forbids "knowing and intentional" possession of a handgun or "assault firearm" by a minor (person under age of 18). The statute provides several exceptions including possessing with permission on private property, target shooting, firearm education, hunting etc. 18.2-297.4 generally forbids carrying certain loaded firearms in public in cities with a population of 160,000 or more or in a county with the urban county executive form of government or in a county with a city manager form of government. It's a strict liability crime (because it's a class 1 misdemeanor)(also not, as already stated above, I think, city ordinances can vary on more restrictive codes). Even so, conviction requires several essential elements: 1) If pistol or rifle, must be semi-automatic and be provided by the manufacturere with a) a mag cabable of holding 20 or more rounds OR, b) be designed to accommodate a "silencer" (idiots) OR, c) be equipped with a folding stock. If a shotgun, must have a mag that holds seven or more rounds. 2) Weapon must be loaded. 3) Accused must "carry on or about his person". Not in your trunk (there are code sections, however, that address how to "secure" the weapon while transporting). 4) Must be carried in a public place or open to the public. 5) City must have 160,000 residents or meet the county definition. 6) Does not apply to LEO, military (pursuant to duty), lawful hunters, lawful rec shooters at a range, licensed SGs, or persons "with a permit". Last one does not make sence because there is a CCW law in VA but not open carry permits. Steve
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