Open carry now or wait?

[EddieCoronel]

I just turned 20 last month and I have been interested in carrying since I can remember. I am debating between open carrying now, or wait to get my concealed permit when I turn 21. I am a Virginia resident, and I don't see a lot of people open carrying where I live. I really want to go out and open carry until I get my concealed permit. I want to look at the good and the bad considering my age, I am not a gangster and I like to think I dress somewhat decent. What would you guys do?


20 years old
Virginia Resident.

 

[fudo]

If it is legal and you feel competent, oc now. Be sure you understand the law, you will likely be challenged by LEO's on a power trip.

 

[Firefighterchen]

Do what you are comfortable with.

I suggest knowing the laws, and how to conduct yourself now, before any possible negative confrontation occurs.

I've been open carrying for a couple years now, only had one bad experience.

Age doesn't always equal maturity. You know where you are at. Does your family have any input on the matter?

 

[tricolordad]

i have a folder i keep in my truck with printouts of all the state laws concerning firearms. do some research and keep the folder on the front seat. if you are harassed, just open it up and start reading out loud. your age may make you a target.

 

[NavyLCDR]

Also, be aware, that without a state issued license it will be a violation of Federal law for you to carry a loaded firearm on public property within 1000' of school premises [18 USC 922(q)(2)]. I don't think the law has ever been enforced by itself, just for a person carrying a gun within 1000' of a school, but it is something you should be aware of so you can make an informed decision. A carry license issued by the same state the school zone is located in exempts you from the Federal law.

 

[whodat2710]

Regarding 18USC922(q)(2), It is specifically addressing interference with inter-state or foriegn commerce in a school zone (don't know what the hell that is about...), and has no mention of 1000 feet(though some states may have this restriction). The exemptions in part B say when part A doesn't apply. 18 USC § 922 - Unlawful acts | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute
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Link Removed has a listing of VA laws pertaining to gun rights.
Places Off-Limits While Carrying:
-ANY Courthouse
-ANY Federal Property(Federal Offices/National Parks/Post Offices)
-Detention Facilities (Adult & Juvenile)
-Military Facilities (Unless Authorized)
-Bars or Restaurants Serving Alcoholic Beverages (Open Carry is allowed)
-Air Carrier Airport Terminals (Ticketed Passenger Baggage Exempt)
-Place of Worship During Religious Service §18.2-283 "Without Good and Sufficient Reason" (Many churches have schools!)
-Private Property / Business When Prohibited by Owner or Posted
-Public/Private/Parochial School Buses
-Public/Private/Parochial School Functions
-Public/Private/Parochial School Property (CHP Holders INSIDE Vehicles are Exempt, i.e. picking up or dropping off student)
-State Parks (CHP holders CCW Permitted; Open Carry Not Allowed)
-Virginia Commonwealth University

 

[whodat2710]

Aside from the legal aspect, make sure you are comfortable carrying, and answering questions (not just from LEO's) as to why you are carrying. It might be good to have an initial answer formulated so you are prepared. For example, mine is "because I can't fit a cop in my pocket". Is that the real reason? somewhat, but said with a smile it immediately presents me as non threatening.
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Also, whether or not you have formal training in basic handgun knowledge and skills or not, make sure you understand situational awareness, and don't get "gun brave". If you wouldn't go to a particular place or do a particular thing unarmed, don't do it because you are armed. Read, learn, listen to advice but don't just assume it is right (mine included) unless it makes sense to you or is from someone you trust.

 

[NavyLCDR]

Regarding 18USC922(q)(2), It is specifically addressing interference with inter-state or foriegn commerce in a school zone (don't know what the hell that is about...)

The part about interstate commerce that you are referring to is:
"(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."

So, has the gun you are carrying EVER been outside the state you are in while in the wholesale or retail process? Was it made by a manufacturer out of state? Did it go through a distributor out of state? If so, then automatically the gun has moved in interstate commerce. Remember this is for the entire life of the gun. Also, there is a US Supreme Court ruling that says even if an item is made and consumed inside one state alone, it may still have affected interstate commerce, so not even keeping the gun entirely within one state throughout the life of that gun is a sure thing.

and has no mention of 1000 feet(though some states may have this restriction). The exemptions in part B say when part A doesn't apply. 18 USC § 922 - Unlawful acts | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute
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18 USC 921 contains the definitions:
"(a) As used in this chapter—
(25) The term “school zone” means—
(A) in, or on the grounds of, a public, parochial or private school; or
(B) within a distance of 1,000 feet from the grounds of a public, parochial or private school."[/QUOTE]

 

[whodat2710]

OK, I stand corrected. (even though that was in 921, not 922 . In general, Local, County and State authorities will enforce State laws, or or local ones if you are in a state that allows city ordinances that countermand state laws. If you were in compliance with State Law, you would probably need to be in the midst of some other crime to have them dig through US Code to find more charges.

In New York, we did boardings with state troopers from time to time. They had state laws (for example noise restrictions or having an anchor on the boat) which we could not enforce because they were not included in USC. Conversely, there were things that we could do that they could not. (ie. no probable cause for search per 14USC89). There were still others that we both could regulate that we would work together on, like boating while intoxicated. If we "arrest" someone for BWI, they must be taken before the federal magistrate. The locals just take them to the pokie. If we are well offshore, the person may be sober by the time we return to the dock, so we had a memoranda of understanding that our FST's and breathalizers were admissable as evidence in their city/state proceedings.

I don't know where I was going with all of that, other than to stres learning the state laws. VA doesn't allow a city gun ordinance, so you don't have to worry about that. If you live close to the edge of the state where "interstate" weapons violations may be regularly enforced by the locals, they may be intimately familiar with US Code. Some known drug corridors are like this as well (Like I-95). It might be good to look deeper into the "definitions" part of VA law to see if there are any things like the school zone mentioned.

 

[EddieCoronel]

Ok, so I understand it is legal to open carry at age 18 in Virginia except where prohibited by the law. What are the laws when I carry my pistol in my car? I think I will look into buying a smaller handgun something more dicret, any recomendations until I feel confident carrying? I was looking at the Sig Mosquito.

 

[whodat2710]

Eddie, read the laws for VA. Link Removed
I'm rather opinionated, and a Ruger fan. The LC9 is a reliable and inexpensive gun. It has the safety features of a "big" gun, it's large enough that you shouldn't feel silly open carrying, but small enough to transition to CC when you get your permit.

 

[EddieCoronel]

Eddie, read the laws for VA. Link Removed
I'm rather opinionated, and a Ruger fan. The LC9 is a reliable and inexpensive gun. It has the safety features of a "big" gun, it's large enough that you shouldn't feel silly open carrying, but small enough to transition to CC when you get your permit.

Thank you took a look over that.
Permit to carry, yes? That only applies to conceal right?

To my understanding, I can open carry as of now, with no permit whatsoever being under 21. Is that not the case?
Just want to be sure

 

[whodat2710]

Yes you can, but be familiar with the laws that apply. And yes, the permit in question is the concealed permit. Weird stuff in there like you can go into a restaurant that serves alcohol if you open carry, but not concealed. You can go to a state park concealed, but not open. Vehicle carry is covered in the link as well.

 

[mappow]

OC or CC, but just carry if your legally able to. As all have mentioned, be safe, know the laws of your State and train-train-train. Just when you really get the feel good of your ability to engage a target, train some more. Nice to hear about a young person taking the responsibility of protecting one self. STAY Safe and keep your powder dry!