Any reason to get VA non resident permit?

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  • Blackbeard

    Member
    Jan 1, 2019
    21
    I live in MD, but work a lot in VA. Currently have a Utah permit and application in for DC and MD. Is there any reason get a VA non resident permit also? Or is the reciprocity from the other states sufficient?
     

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,380
    Montgomery County
    If MD comes through for you, no point. Other than, of course, the possibility of VA politicians capriciously tearing down their state’s honoring of MD’s permit. Could happen at any time if they get any bluer across the Potomac.
     

    Blackbeard

    Member
    Jan 1, 2019
    21
    Any concerns with carrying on a Utah permit in VA?

    It is my understanding that just need to comply with MD transport law (prior to getting MD permit) until cross into VA.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,100
    If MD comes through for you, no point. Other than, of course, the possibility of VA politicians capriciously tearing down their state’s honoring of MD’s permit. Could happen at any time if they get any bluer across the Potomac.

    VA has universal recognition, they would have to do away with that to affect honoring Maryland's permit.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,100
    Any concerns with carrying on a Utah permit in VA?

    It is my understanding that just need to comply with MD transport law (prior to getting MD permit) until cross into VA.

    No concerns except those you mention with regards to transport.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Many recommend having a VA permit due to GFSZ issues.

    There have been cases of VA troopers hassling people over driving through a school zone without a VA permit.
     

    imaoldcowhand

    Active Member
    Aug 3, 2018
    706
    https://www.uslawshield.com/guns-and-school-zones-what-is-the-law-in-va/

    excerpt:

    Exceptions to the possession prohibition include if the individual possesses the firearm as a Virginia-issued concealed handgun permit, or where the firearm is unloaded, and in a locked container, or locked firearms rack on a motor vehicle, or unloaded and possessed while traversing school premises for the purpose of gaining access to public or private lands open to hunting.

    In an inquiry to the Virginia State Police last year I was told that, the best reason to obtain the Virginia Non Resident CCW was entering school zones, whether the firearm was loaded or not.

    Just my $0.02, Better to be covered.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,100
    https://www.uslawshield.com/guns-and-school-zones-what-is-the-law-in-va/

    excerpt:

    Exceptions to the possession prohibition include if the individual possesses the firearm as a Virginia-issued concealed handgun permit, or where the firearm is unloaded, and in a locked container, or locked firearms rack on a motor vehicle, or unloaded and possessed while traversing school premises for the purpose of gaining access to public or private lands open to hunting.

    In an inquiry to the Virginia State Police last year I was told that, the best reason to obtain the Virginia Non Resident CCW was entering school zones, whether the firearm was loaded or not.

    Just my $0.02, Better to be covered.

    Had not thought about that, thanks for the reminder.
     

    tomrkba

    Active Member
    Jan 22, 2017
    238
    The Federal school zone law does not apply if you have ANY sort of permit (ownership eg: Illionois FOID or MD HQL, or any concealed carry permit, etc).

    Is Virginia law different?
     

    MJD438

    Ultimate Member
    MDS Supporter
    Feb 28, 2012
    5,853
    Somewhere in MD
    The Federal school zone law does not apply if you have ANY sort of permit (ownership eg: Illionois FOID or MD HQL, or any concealed carry permit, etc).

    Is Virginia law different?

    The Federal Gun Free School Zones Act limitations on firearms in school zones:
    (q)
    (1) The Congress finds and declares that—
    (A) crime, particularly crime involving drugs and guns, is a pervasive, nationwide problem;
    (B) crime at the local level is exacerbated by the interstate movement of drugs, guns, and criminal gangs;
    (C) firearms and ammunition move easily in interstate commerce and have been found in increasing numbers in and around schools, as documented in numerous hearings in both the Committee on the Judiciary [3] the House of Representatives and the Committee on the Judiciary of the Senate;
    (D) in fact, even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce;
    (E) while criminals freely move from State to State, ordinary citizens and foreign visitors may fear to travel to or through certain parts of the country due to concern about violent crime and gun violence, and parents may decline to send their children to school for the same reason;
    (F) the occurrence of violent crime in school zones has resulted in a decline in the quality of education in our country;
    (G) this decline in the quality of education has an adverse impact on interstate commerce and the foreign commerce of the United States;
    (H) States, localities, and school systems find it almost impossible to handle gun-related crime by themselves—even States, localities, and school systems that have made strong efforts to prevent, detect, and punish gun-related crime find their efforts unavailing due in part to the failure or inability of other States or localities to take strong measures; and
    (I) the Congress has the power, under the interstate commerce clause and other provisions of the Constitution, to enact measures to ensure the integrity and safety of the Nation’s schools by enactment of this subsection.​
    (2)
    (A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
    (B) Subparagraph (A) does not apply to the possession of a firearm—
    (i) on private property not part of school grounds;
    (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
    (iii) that is—
    (I) not loaded; and
    (II) in a locked container, or a locked firearms rack that is on a motor vehicle;​
    (iv) by an individual for use in a program approved by a school in the school zone;
    (v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
    (vi) by a law enforcement officer acting in his or her official capacity; or
    (vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.​
    (3)
    (A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone.
    (B) Subparagraph (A) does not apply to the discharge of a firearm—
    (i) on private property not part of school grounds;
    (ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program;
    (iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or
    (iv) by a law enforcement officer acting in his or her official capacity.​
    (4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.​
    (emphasis mine)

    To my non-lawyer self, that means that one must have a permit FROM the state in which the school zone exists for the GFSZA to not apply.
     

    rambling_one

    Ultimate Member
    MDS Supporter
    Oct 19, 2007
    6,742
    Bowie, MD
    The Federal Gun Free School Zones Act limitations on firearms in school zones:
    (emphasis mine)

    To my non-lawyer self, that means that one must have a permit FROM the state in which the school zone exists for the GFSZA to not apply.

    Not being a lawyer and always super cautious when interpreting the law, would it be correct to say that a person who has a valid MD carry permit can legally carry a loaded handgun inside a Maryland school zone?
     

    Blackbeard

    Member
    Jan 1, 2019
    21
    So I called the Virginia Firearms Transaction Center today and asked this question. They said any permit that is valid via reciprocity has the same validity and rights as the Virginia permit and no point is spending another $100 for the VA permit.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    So I called the Virginia Firearms Transaction Center today and asked this question. They said any permit that is valid via reciprocity has the same validity and rights as the Virginia permit and no point is spending another $100 for the VA permit.

    Fine, but as stated before, there have been cases of VA troopers causing trouble over this.

    Yes, nothing happened, but do you really want to be arrested, then released?????
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,454
    Westminster USA
    There is a BATFE opinion paper that states the only way to comply with the GFSZA is to have a permit issued by the state the school is in.

    Some have stated that the Federal charge is used as an add on for other charges and is usually not charged singularly. So if correct, you'd have to also have committed some other offense to catch the federal charge as well. No first hand knowledge though.

    The Gun Center May not be aware of it

    As always IANAL
    .
     

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    ironpony

    Member
    MDS Supporter
    Jun 8, 2013
    7,229
    Davidsonville
    I no longer consider myself safe in VA, locked in separate containers it is. Heck, these days that could still cause arrest I believe, what was rack arrested for ... a card board sign?
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,454
    Westminster USA
    Heck, these days that could still cause arrest I believe, what was rack arrested for ... a card board sign?

    No Jeff was arrested for crossing a police line, not a sign.

    And was found not guilty as Fairfax PD had no legal basis to establish said line.

    Just posting the facts
     

    ironpony

    Member
    MDS Supporter
    Jun 8, 2013
    7,229
    Davidsonville
    No Jeff was arrested for crossing a police line, not a sign.

    And was found not guilty as Fairfax PD had no legal basis to establish said line.

    Just posting the facts



    I was thinking Annapolis and no reason needed to be arrested. Whoops, I’ll continue my mds break.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,454
    Westminster USA
    Whoops you are correct. I was thinking his VA arrest at NRA because the thread was about VA NR.

    My mistake apologies
     

    Mightydog

    Ultimate Member
    MDS Supporter
    Yea, they told him and the rest of the PP to move to the area where a permit was required. When they kept reminding officer Pope’s crew they were on a public sidewalk they were then arrested for disobeying a lawful order. Charges dropped but lawsuit still pending. Whole separate thread on that.
     

    MackM

    Member
    MDS Supporter
    Jan 20, 2018
    86
    I have heard enough here about the school zone issue to scare me. I have a MD W&C but am in VA a lot and am now going to pay my $100 and get a VA non-resident permit. My luck, I'll get pulled over in a school zone and made an example of with my MD HQL/W&C permit, by an overzealous VA Trooper who is NOT a fan of the 2A. The legal/court fees alone could climb into the $10,000+ region. I am printing off the application now. THIS kind of info is why Maryland Shooters is a great org!
     

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