VA Open Carry for non-residents?

[AssMan]

I'm a MD resident and I want to confirm that It is legal for me to OC in VA. I understand that VA restricts some locations, etc. I believe that the answer is yes, but haven't been able to confirm.

Thanks.

 

[august1410]

The answer is yes. Be knowledgeable of where you cannot carry, though.

Here in NC, it took me a while to get used to where I could and could not. I live in the sticks, so I carry most of the time. When I go to places like Durham and Raleigh, I do not.

 

[AssMan]

Thank you. I carefully read through the code but it wasn't entirely clear whether this applied to non-residents as well.

Point taken though. I won't carry in Reston Town Center

 

[swinokur]

OC is fine. Usual prohibitions, Court houses, jails, Govt facilities, police stations, schools within 1000 feet without a valid VA CCW permit.etc.

From www.handgunlaw.us

Private property when prohibited by the owner of the property, or where posted as prohibited. Violation is a trespass charge and not a firearms violation. § 18.2-308
 Carrying dangerous weapon to place of religious worship while a meeting for religious purposes is being held unless you have "good and sufficient reason." There is no known definition of what a good and sufficient reason would be. Violation is a minor crime, punishable by a fine of up to $100. § 18.2-283 Note: See AG’s Opinion IN AG Opinions/Court Cases Section Below)
 Courthouse. Violation is a high-level misdemeanor. § 18.2-283.1
 School property/school functions (School busses are school property) unless gun is unloaded, in an enclosed container (but NOT in the glove box or console) and in the vehicle. A car's trunk is considered an enclosed container. However, a concealed handgun permit holder can have a loaded, concealed handgun in the vehicle while in the school parking lot, traffic circle, etc. The concealed handgun and the permit holder must stay in the vehicle. Firearms are not banned from property open to the public where a school function is being held unless that property is being used exclusively for the school function. Violation of this statute is a felony. § 18.2-308.1
 Non-secure areas of airport terminals are off limits unless you are a passenger and you have your gun unloaded, in a locked container in your checked luggage, and declare the gun at the check-in counter. Violation is a high-level misdemeanor. § 18.2-287.01
 Regional Jail or Juvenile Detention Facility. § 15.2-915
 Virginia Commonwealth University 8VAC90-10-50

Also be advised the you can drink in a restaurant while OC but not CCW. I wouldn't do it.

IANAL and handgun law is not a legal source of info. Just info only

 

[AssMan]

Thanks, yep saw the piece about consuming alcohol. I believe ABC stores are off limits too.

 

[Biggfoot44]

ABC stores may or may not be posted as store policy , but don't believe it is mentioned by statute.

 

[swinokur]

They are not. Ok to OC in them.

 

[DaceNemo]

What about a national forest? Not finding anything recent and what I am finding is forums of people with different answers. I camp in bear country with my kids and will be PREPARED anyway. Just want to know where ill stand....legally.

 

[swinokur]

Legal during hunting season. Here is the Statute:

4VAC15-40-60. Hunting with dogs or possession of weapons in certain locations during closed season.
A. Department-owned lands west of the Blue Ridge Mountains and national forest lands statewide. It shall be unlawful to have in possession a bow, crossbow, or any firearm that is not unloaded and cased or dismantled on all national forest lands statewide and on department-owned lands and on other lands managed by the department under cooperative agreement located in counties west of the Blue Ridge Mountains except during the period when it is lawful to take bear, deer, grouse, pheasant, quail, rabbit, raccoon, squirrel, turkey, or waterfowl on these lands.
B. Department-owned lands east of the Blue Ridge Mountains. It shall be unlawful to have in possession a bow, crossbow, or any firearm that is not unloaded and cased or dismantled on department-owned lands and on other lands managed by the department under cooperative agreement located in the counties east of the Blue Ridge Mountains except during the period when it is lawful to take bear, deer, grouse, pheasant, quail, rabbit, raccoon, squirrel, turkey, waterfowl or migratory gamebirds on these lands.
C. Certain counties. Except as otherwise provided in 4VAC15-40-70, it shall be unlawful to have either a shotgun or a rifle in one's possession when accompanied by a dog in the daytime in the fields, forests or waters of the counties of Augusta, Clarke, Frederick, Page, Shenandoah and Warren, and in the counties east of the Blue Ridge Mountains, except Patrick, at any time except the periods prescribed by law to hunt game birds and animals.
D. Shooting ranges and authorized activities. The provisions of this section shall not prohibit the conduct of any activities authorized by the board or the establishment and operation of archery and shooting ranges on the lands described in subsections A, B and C of this section. The use of firearms, crossbows, and bows in such ranges during the closed season period will be restricted to the area within the established range boundaries. Such weapons shall be required to be unloaded and cased or dismantled in all areas other than the range boundaries. The use of firearms, crossbows, or bows during the closed hunting period in such ranges shall be restricted to target shooting only and no birds or animals shall be molested.
E. It shall be unlawful to chase with a dog or train dogs on national forest lands or department-owned lands except during authorized hunting, chase, or training seasons that specifically permit these activities on these lands or during raccoon hound field trials on these lands between September 1 and March 31, both dates inclusive, that are sanctioned by bona fide national kennel clubs and authorized by permits required and issued by the department and the U.S. Forest Service.
F. It shall be unlawful to possess or transport any loaded firearm, or loaded crossbow in or on any vehicle at any time on national forest lands or department-owned lands.
G. The provisions of this section shall not prohibit the possession, transport and use of loaded firearms by employees of the Department of Game and Inland Fisheries while engaged in the performance of their authorized and official duties, nor shall it prohibit possession and transport of loaded concealed handguns where the individual possesses a concealed handgun permit as defined in § 18.2-308 of the Code of Virginia.
H. Meaning of "possession" of bow, crossbow, or firearm and definition of "loaded crossbow" and "loaded firearm." For the purpose of this section, the word "possession" shall include, but not be limited to, having any bow, crossbow, or firearm in or on one's person, vehicle or conveyance. For the purpose of this section, a "loaded firearm" shall be defined as a firearm in which ammunition is chambered or loaded in the magazine or clip when such magazine or clip is engaged or partially engaged in a firearm. The definition of a loaded muzzleloading firearm will include a muzzleloading firearm that is capped, or has a charged pan, or has a primer or battery installed in the firearm. The definition of a "loaded crossbow" is a crossbow that is cocked and has either a bolt or arrow engaged or partially engaged on the shooting rail or track of the crossbow, or with a "trackless crossbow" when the crossbow is cocked and a bolt or arrow is nocked.
Statutory Authority

PDF from hamdgunlaw.us, while not an official VA document, is very informative.


Please note IANAL so this is not legal advice.

 

[vafish]

Thanks, yep saw the piece about consuming alcohol. I believe ABC stores are off limits too.

Incorrect.

You can carry open or concealed in a vabc store.

 

[AssMan]

Thanks for the info. Not sure where I got the idea that ABC was off limits.

 

[Klunatic]

OC is fine. Usual prohibitions, Court houses, jails, Govt facilities, police stations, schools within 1000 feet without a valid VA CCW permit.etc.

From www.handgunlaw.us

Also be advised the you can drink in a restaurant while OC but not CCW. I wouldn't do it.

IANAL and handgun law is not a legal source of info. Just info only

Not sure where you got the police stations, its legal OC and CC in police stations and other State Gov. facilities such as the capital and state house annexes. Schools, Jails and court houses are restricted.

You can also consume alcohol while OC but cannot be drunk (same standard as driving a car) but you can not drink while CC. Hence the "Virginia Tuck" if you want a glass of wine or beer with dinner. I don't recommend you do it but it is legal.

"This is not legal advice, just my understanding of the law"

 

[swinokur]

Carry is not allowed in detention facilties. If a police station has holding cells, it's a detention facility IMO. By order of the Joint Rules Committee, only CHP holders can carry in the General Assembly Building. Source: VCDL

Here is the VA Code 15.2.915:

The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail, juvenile detention facility, or state-governed entity, department, or agency.

No mention of police stations so IMO that falls under a detonation facilty. I'd not carry into a police station but that's just my interpretation

Holding cells=detention facilty not exempted above.

IANAL

 

[Klunatic]

Carry is not allowed in detention facilties. If a police station has holding cells, it's a detention facility IMO. By order of the Joint Rules Committee, only CHP holders can carry in the General Assembly Building. Source: VCDL

Here is the VA Code 15.2.915:
No mention of police stations so IMO that falls under a detonation facilty. I'd not carry into a police station but that's just my interpretation

Holding cells=detention facilty not exempted above.

IANAL

I have attended seminars at the Fairfax police station specifically regarding OC and police interactions. Definitely allowed to OC in the public areas of a police station. Obviously if your on the other side of the glass that's a no go.

 

[vafish]

Not sure where you got the police stations, its legal OC and CC in police stations and other State Gov. facilities such as the capital and state house annexes. Schools, Jails and court houses are restricted.

You can also consume alcohol while OC but cannot be drunk (same standard as driving a car) but you can not drink while CC. Hence the "Virginia Tuck" if you want a glass of wine or beer with dinner. I don't recommend you do it but it is legal.

"This is not legal advice, just my understanding of the law"

Standards for being intoxicated while carrying are not the same as DWI, the standards are the same as drunk in public, which has no BAC, but only goes by behavior such as loud swearing. So open carry, while drinking and watching a ball game, swear because your team didn't score a point and you could be arrested.

 

[ProShooter]

Standards for being intoxicated while carrying are not the same as DWI, the standards are the same as drunk in public, which has no BAC, but only goes by behavior such as loud swearing. So open carry, while drinking and watching a ball game, swear because your team didn't score a point and you could be arrested.

+1 Exactly correct.

 

[Happa Haole]

I haven't seen anyone open carrying in VA, unlike other states I've been to with oc. If I didn't look for it here I might not have known it existed here. Thank you

 

[swinokur]

Go to www.opencarry.org and look in the VA forum. Plenty of folks OC'ing.

 

[Biggfoot44]

I've personally seen more OC in Va than other states. Does depend on where in Va. ( The law is the same statewide , but is more common in the land of the 540 . )

 

[jaycee2004]

Go to www.opencarry.org and look in the VA forum. Plenty of folks OC'ing.

I didn't know you could oc in DE? Well, maybe when this page was made. Good stuff to know. Many of the states I frequent, I can open carry!