Can you OC LEGALLY at 18+ in Virginia?

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I am going to call my local police and ask questions before I do.

Generally not a good idea. Police are not known to give out sound legal advice. They will just as likely tell you that you're not allowed to open carry because they don't want you to.

Best idea is to read the statutes yourself, or consult a competent attorney.
 
Good idea > attorney. I want to make sure I understand the law and do not get in trouble.

Please if anyone else has legal advice I would like to hear it.
 
Keep in mind, the reason open carry is legal in most states is that there is no law against it. So don't go looking for a law that gives you explicit permission to carry openly.
 
The first incident, at a Starbucks on Leesburg Pike near Tysons Corner, might have inspired other gun owners to carry openly. It began shortly before 10 p.m. June 14, Perez said, with a complaint from a citizen. Police arrived to find a 19-year-old man carrying a .22-caliber pistol and a 21-year-old man with a 9mm pistol.

Perez said an officer spoke with the men, then took their guns and charged them with possession of a firearm in a public place. Virginia law 18.2-287.4 expressly prohibits "carrying loaded firearms in public areas."
But the second paragraph of the law defines firearms only as any semiautomatic weapon that holds more than 20 rounds or a shotgun that holds more than seven rounds -- assault rifles, mostly, Van Cleave said. Regular six-shooters or pistols with nine- or 10-shot magazines are not "firearms" under this Virginia law.



The day after the arrest, the officer consulted with a county prosecutor and determined that "he had erred," Perez said. He summoned the two men to the McLean District station, returned their weapons and dropped the charges.

Van Cleave said word of the incident, along with news of a similar incident in Richmond, spread through the defense league's e-mail alert system. "I think people were saying, 'I think I do want to open carry,' " Van Cleave said, though he added the league neither encourages nor discourages the practice
http://www.washingtonpost.com/wp-dyn/articles/A50416-2004Jul14_2.html



http://law.justia.com/virginia/codes/toc1802000/18.2-287.4.html

"� 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 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 (i) in any city with a population of 160,000 or more or (ii) in any county having an urban county executive form of government or any county or city surrounded thereby or adjacent thereto or in any county having a county manager form of government.

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.

The exemptions set forth in � 18.2-308 shall apply, mutatis mutandis, to the provisions of this section.
"

so does this mean you can not have it loaded? or is it just saying you can not own a gun that can have a silence/folding stock or more than 20 rounds of ammo in it?
 
Because that's what the statute you referenced addresses. Also it appears to prohibit the carrying of a rifle with a folding stock, or a pistol or rifle with a threaded barrel.
 
Ah.
What if you carry a extra magazine or two? and you have 30+ rounds? would that be as 20 rounds or more on the person? or just in one magazine is the law talking about?
 
I do indeed to read it all. I do not want no hassle. I am looking at all the law info I can find on the web then talk to local sheriff/police dept and a attorney. I found a few stories of OC on the web and people have been arrested but charges where dropped due to cops did not know the law, and some guy in a video was held gun point by a cop because he did not know the law. He was in a video about OC at some rally. A group of people where OC at a restaurant and the owner called 911 and the cops where ok with it because they knew the law.
 
I do not want no hassle.

Perhaps you should reconsider the decision to open carry, then.

Yes, it's legal. Yes, it's your right. But the fact remains, there are lots of ignorant police officers and private citizens who don't know that, and sooner or later, you will get hassled. It's not right, but it happens. Ask how I know (I've been open carrying for almost five years now).
 
Originally Posted by Zack
I do not want no hassle.

Well, if you don't want no hassle, then you do want some hassle. :neener:

Sorry, couldn't resist. General is right. It's legal, it is your right - but don't expect every cop or hoplophobic citizen to know that. Chances are, someday someone may call the cops on you, and that cop may or may not know that what you are doing is legal (especially being under 21: I was told by an officer that in the state of MI it is illegal to buy a handgun when you are under 21 :rolleyes: ).

On the other hand, many guys have been carrying open for years and never been hassled. Many people do not know/care what they themselves are doing, much less you or anyone else.
 
Same in KY 18 for long guns, 21 for handguns.... From a dealer or even a private sale.
 
jh9x18ky said:
Same in KY 18 for long guns, 21 for handguns.... From a dealer or even a private sale.

Oh good grief. Not again....

Would you PLEASE refrain from posting what other people have told you or what you have heard without verifying it first.

So, who told you the above incorrect information? I'll bet it was either a local LEO, CCW Instructor, or gun dealer.

The correct information is contained in Kentucky Revised Statutes (KRS) 527.110 and 527.100

http://www.lrc.ky.gov/KRS/527-00/110.PDF

527.110 Unlawfully providing handgun to juvenile or permitting juvenile to possess handgun.

(1) A person is guilty of unlawfully providing a handgun to a juvenile or permitting a juvenile to possesses a handgun when he:

(a) Intentionally, knowingly, or recklessly provides a handgun, with or without remuneration, in violation of KRS 527.040, 527.100, or 600.020 to any person he knows or has reason to believe is under the age of eighteen (18) years; or

(b) Is the parent or legal guardian of a juvenile and intentionally, knowingly, or recklessly provides a handgun to the juvenile or permits the juvenile to possess a handgun knowing that there is a substantial risk that the juvenile will use a handgun to commit a felony offense; or, with knowledge that the juvenile has been convicted of a crime of violence as defined in KRS 439.3401 or has been adjudicated a public offender of an offense which would constitute a crime of violence as defined in KRS 439.3401, provides a handgun to that juvenile.

(2) Unlawfully providing a hand gun to a juvenile or permitting a juvenile to possess a handgun is a Class D felony.

http://www.lrc.ky.gov/KRS/527-00/100.PDF
527.100 Possession of handgun by minor.

(1) A person is guilty of possession of a handgun by a minor when, being under the age of eighteen (18) years, he possesses, manufactures, or transports a handgun as defined by KRS 527.010, except when the person is:...

They even went so far in the statute as to spell it out (eighteen) and put the number (18) in!
 
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