Posted: 6/8/2007 2:15:36 AM EDT
| Can you open carry while driving, or do you need to observe the usual firearm transportation laws? IE, do you have to lock your gun up in the back whenever you get in the car, then take the gun out and reholster it at your destination, or can it just stay in the holster while you drive? |
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open carry while driving is permissible under Virginia law. The real sticking point would be what happens if you get pulled over by the police. Sitting in a car an officers view of the holstered weapon would be obscured which could lead to a tense situation with him/her not knowing your intentions. Technically the weapon is in the open with no intent to conceal but human nature is to fear the unknown (which is you). I've only been pulled over a few times in my life and once with an openly carried 1911. I was doing 75+ in a 55 and got pulled over by a unmarked state police car. Once stopped I laid the gun in the passenger seat, rolled down the window and stuck my hands out. When the officer approached the first thing I told him was that I had a gun in the seat. He looked casually at the gun, asked for my license, asked if I knew how fast I was going (which I really didn't) so he told me. Handed me back my license and and said to keep my speed down. All in all a really cool transaction. The point I'm getting to is to be very open and let the officer know what the deal is. |
Okay. Just to clarify, I don't need a CCW to carry while driving, I can just do it? I had previously thought that I could not open carry while driving without a CCW. |
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as long as the handgun is in plain sight, you should be OK. This becomes tricky since there is some case law that seems to note that being dark outside makes a gun concealed ( Weatherford v. Commonwealth, Va . App., (2005) I'm with jyoung_usa and Spade, keep it on the seat next to you and you should be good. |
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So, just to make sure I've got this straight in my head: 1: Open carry on your person while driving is legal in VA, no permit required. 2: Be careful about how you OC or it could be considered as CC. 3: If you run into cops make sure the weapon is on the seat next to you/out of easy reach/your hands are always visible. Right? |
1. Absolutely 2. Just throwing out there that you need to make sure its visible. I wouldn't advocate small-of-back carry and expect it to be considered OC. 3. Just make sure its visible, don't have your coat/hat/beach towel over top of it, etc. The hands thing was just a suggestion. The last time I was pulled over was 3 years ago and I did the hands on steering wheel, keys on dashboard, windows down thing. It went well. Yes, I was open carrying, no hassles. Play it smart, and don't do anything to get pulled over and you don't have to sweat it. :) edit: if you visit most any restaraunt that serves alcohol, you are required to OC. However, that doesnt neccessarily mean whip out the holster for all to see.... it is acceptible if you carry IWB, to simply position the butt of the pistol where its visible or tuck your shirt in, however it works for you. Me, I'm OWB so its no big change. |
You are right on all points, here are some helpful tips to reinforce what the other guys are saying: -have it open, either very easily seen in a holster, or on teh seat next to you -if approached by LEO, keep hands on wheel, roll down windows, make NO FURTIVE MOVEMENTS, and inform him of the guns presence if he doesn't see it (we are sometimes very oblivious) -most cops are very cool about guns in VA ETA Don't do the hands out window thing, that SCREAMS "I'm a felon, i know what i'm doing" to cops. just hands on steering wheel in plain sight, and vehicle turned off. |
