Posted: 6/22/2009 10:23:55 AM EDT
|
Hey all,
I was just looking over the VA firearms statutes and wanted to get a discussion going with your thoughts. If you have any experience with LEO interpretation or court interpretation, I would be particularly interested to hear about it. Forgive me if this has been discussed (and for this being long). I can't seem to search the Hometown section. Also, this post is not to be construed as giving legal advice on interpretation of this statute. I have not researched how the courts have treated these sections and am just interested in a lively discussion. First, some background - I believe that the VA Code section regarding open carry is the following (slightly redacted for length): "§ 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty. It shall be unlawful for any person to carry a loaded (a) semi-automatic center-fire rifle or pistol ... equipped ... 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. The provisions of this section shall not apply to [people who's job it is to be carrying], 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. ..." Second - topics of conversation: 1. This does not speak to rimfire rifles. Does that mean that one can open carry a GSG-5 under the statute, even in those enumerated restricted areas (Alexandria, Chesapeake, Fairfax, etc.)? 2. As the statute says that one may not carry in only certain areas (again - Alexandria, Chesapeake, Fairfax, etc), it appears that this means pretty much anything can be open carried in other areas (e.g., a silenced, semi-auto RPK with a 75 round drum mag and underfolder stock is fine). Your thoughts? 3. "The provisions of this section shall not apply to... any person having a valid concealed handgun permit..." Kind of sounds like if you have a concealed carry permit, you can carry that RPK in Fairfax too. Thoughts? Again, just curious to see what you guys think and whether you've had any experience with LEOs or courts regarding these types of questions. |
|
Quoted:
Second - topics of conversation: 1. This does not speak to rimfire rifles. Does that mean that one can open carry a GSG-5 under the statute, even in those enumerated restricted areas (Alexandria, Chesapeake, Fairfax, etc.)? 2. As the statute says that one may not carry in only certain areas (again - Alexandria, Chesapeake, Fairfax, etc), it appears that this means pretty much anything can be open carried in other areas (e.g., a silenced, semi-auto RPK with a 75 round drum mag and underfolder stock is fine). Your thoughts? 3. "The provisions of this section shall not apply to... any person having a valid concealed handgun permit..." Kind of sounds like if you have a concealed carry permit, you can carry that RPK in Fairfax too. Thoughts? Again, just curious to see what you guys think and whether you've had any experience with LEOs or courts regarding these types of questions. I'm not a lawyer, but the way I read the VA statutes you are correct. Rimfire's are not covered, only the areas listed are covered, and a CHP negates the ban on carrying firearms that meet that description. |
| Might I suggest that you post your query in Opencarry Virginia ? We discuss many open carry issues over there. There are many contributors there who do not post on arf.com. You may get additional insight and you might like it. |
|
Quoted:
The only time I'll be found in Fairfax carrying a RPK is when coalition force move in to liberate the county from the libtrard communists that have taken it over. At that point CCW status won't matter 
 What coalition of foreign countries would you aid in invading our home? |
|
Quoted:
Quoted:
The only time I'll be found in Fairfax carrying a RPK is when coalition force move in to liberate the county from the libtrard communists that have taken it over. At that point CCW status won't matter
What coalition of foreign countries would you aid in invading our home? We dont need help from foreign countries. We have Texas, Oklahoma ,and Montana. 
|
|
Quoted:
Might I suggest that you post your query in Opencarry Virginia ? We discuss many open carry issues over there. There are many contributors there who do not post on arf.com. You may get additional insight and you might like it. Thanks for the link. I'll check it out. And thank you for the laugh DragoMuseveni. 
|
|
Quoted:
Quoted:
Quoted:
The only time I'll be found in Fairfax carrying a RPK is when coalition force move in to liberate the county from the libtrard communists that have taken it over. At that point CCW status won't matter
What coalition of foreign countries would you aid in invading our home? We dont need help from foreign countries. We have Texas, Oklahoma ,and Montana. Nice backpedal 
|