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Open carrying throughout Virginia.

G0ne_Fishinn

Newbie
Joined
Jun 21, 2017
Messages
1
Location
Mineral, VA
I currently live in Mineral, VA and frequently make trips to Richmond since there is not much shopping where I'm at. I am wondering if I can open carry a handgun in Richmond that holds 15 rounds in the magazine. I know what the law says but for some reason it seems to confuse me. So I'm just wondering if it is legal for me to open carry within the city of Richmond.
 

Va_Nemo

New member
Joined
May 1, 2016
Messages
542
Location
Lynchburg
I live in Lynchburg area and OC here about any time I am outside my house. My standard OC weapon is a S&W 5906 with one in the chamber and another 15 in the magazine. Another magazine is on my belt.

I cannot specifically address Richmond but I do not believe they have magazine size limit.

You may be able to find more info at VCDL.org . Might want to consider joining that group. Bunch of good folks.

Nemo
 
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Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,337
Location
Valhalla
I currently live in Mineral, VA and frequently make trips to Richmond since there is not much shopping where I'm at. I am wondering if I can open carry a handgun in Richmond that holds 15 rounds in the magazine. I know what the law says but for some reason it seems to confuse me. So I'm just wondering if it is legal for me to open carry within the city of Richmond.
There are no restrictions on magazine capacity for handguns in Richmond or the entire state for that matter. OC is legal by default - not specifically restricted.

All carry in state agencies is restricted thanks to our governator. But ignoring or not seeing the signs will only get you a trespass charge if you do not leave.
http://www.richmond.com/news/virginia/government-politics/taking-executive-action-on-guns-mcauliffe-bans-firearms-in-most/article_f7e89b21-078b-5a0c-beb5-c2787539f9db.html
 

ManoftheSea

Regular Member
Joined
Feb 28, 2017
Messages
14
Location
Outside Manassas, VA
18.2-287.4

http://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-287.4/
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) [...] 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 [...] 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 and 18.2-308.016 shall apply, mutatis mutandis, to the provisions of this section.

Grapeshot, the existence of this code restricts carry, whether open or concealed, to some classes of person. I've heard some joking that the ammunition used to count capacity is not restricted to that proper for the rifle or pistol, and therefore if you can fit 21 rounds of .22 short, you're in violation. I do hope that's a joke, anyway.

But as for original poster, my understanding of this code is that you're fine with 16 rounds. I'm no lawyer.
 

bc.cruiser

Regular Member
Joined
Apr 2, 2011
Messages
758
Location
Fayetteville NC
So, my once-again valid CC permit, allows me to carry my AR with a 30 round mag in those named counties and cities? Kewl!
 

utbagpiper

Banned
Joined
Jul 5, 2006
Messages
4,061
Location
Utah
http://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-287.4/

Grapeshot, the existence of this code restricts carry, whether open or concealed, to some classes of person. ...
As suppressors become more popular and common this section of code becomes an ever larger gotcha. It isn't like it is all that difficult to find modern handguns with threaded barrels and magazine capacity in excess of 20 rounds.

The great value of OCDO is that we generally get accurate information here, usually backed up by citations to actual code. And especially in a State/Commonwealth with generally such good RKBA laws, this is exactly the kind of gotcha that ought to be prominently pointed out lest anyone be caught unawares.

Thank you for reminding us of this code.

Charles
 

The Truth

Regular Member
Joined
Jul 18, 2014
Messages
1,969
Location
Henrico
Seems no one has touched on the 20 or more "assault weapon" designation. Has anyone ever been charged under this statute? I always wondered about this one. It seems that a gun with a threaded barrel would fit under this description as well, which is clearly not an assault weapon. So if you use an FN 5.7 is seflf defense, or a Glock with a threaded barrel then you're going to catch this charge even if justified?
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,337
Location
Valhalla
Mayor ignores Code of Virginia

"Charlottesville Mayor Mike Signer has called for the removal of the Robert E. Lee statue in Emancipation Park following the protests over the weekend that led to three deaths and multiple injuries."
Code of Virginia says he cannot do that.
https://vacode.org/2016/15.2/II/18/3/15.2-1812/


"He also called for a ban on openly carrying firearms at public events in the city and across the Commonwealth".
State preemption rules supreme.
http://leg1.state.va.us/cgi-bin/legp...0+cod+15.2-915


 
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2a4all

Regular Member
Joined
Jul 1, 2008
Messages
1,790
Location
Newport News, Virginia, USA
There is some debate about the applicability of the state law to regulate what a locality can or cannot do with such memorials. The mayor of Charlottesville has asked the governor to convene a special session of the GA pass legislation to authorize localities to make such decisions. One could suppose that he could also request a locally controlled firearms carry bill.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,337
Location
Valhalla
There is some debate about the applicability of the state law to regulate what a locality can or cannot do with such memorials. The mayor of Charlottesville has asked the governor to convene a special session of the GA pass legislation to authorize localities to make such decisions. One could suppose that he could also request a locally controlled firearms carry bill.
He can ask away. Even with McAwful pushing it, those would stand little to no chance of seeing the light of day.
 

Marco

Regular Member
Joined
Jul 29, 2007
Messages
3,904
Location
Greene County
http://law.lis.virginia.gov/vacode/t...ion18.2-287.4/
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) [...] 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 [...] 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 and 18.2-308.016 shall apply, mutatis mutandis, to the provisions of this section.







Seems no one has touched on the 20 or more "assault weapon" designation. Has anyone ever been charged under this statute? I always wondered about this one. It seems that a gun with a threaded barrel would fit under this description as well, which is clearly not an assault weapon. So if you use an FN 5.7 for self defense, or a Glock with a threaded barrel then you're going to catch this charge even if justified?
NECRO POSTING..... I KNOW!

^ emphasis mine:
FNH 5.7 have magazines with 10rd , 20 and 30rds.
One would have to have the 30rd mag inserted in the firearm (AND NOT HAVE A VALID CHP) for the charge to apply.

IMHO, the way the law is written, those with the 20rd mag inserted are not in violation of the law, even with a rd in the chamber.
IMHO, those carrying a rimfire with a mag inserted that holds more than 20rds (Kel-tec PMR, 30rd 22magnum) would also be legal the way the law is written.


Never been questioned (bothered) when I carry my FNH 5.7x28 or when I carried a Keltec PMR, YMMV.

as for the assault weapon charge see below:

https://www.usatoday.com/story/news/nation/2018/01/31/virginia-tech-freshman-arrested-possesion-had-assault-rifle-attempted-buy-5-000-rounds-ammo-police-s/1081975001/


At this yrs Lobby Day I spoke with several officers that stated they could question (possibly arrest) those carrying AR's (pistol's/rifle's) with 30rd mags inserted for their valid CHP.
The mention of the threaded barrel (almost all ar's and now many other guns have) never came into the conversation.
 
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