Help interpreting the law in Va. please.

[Jeff OTMG]

I was in Va. last year and was told that open carry was legal before I went. I checked http://www.packing.org to verify what I had heard from Va. residents, some who also had CCW permits, and to be sure I contacted the firearms guy at the Va. State Police HQ's and he told me the same thing. I had no problems and the trip went smoothly. Now I find out about this statute. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-287.4 The link to the exemptions are at the bottom, but relate to the CC permit. I had just read 18.2-308 and saw where concealed carry without a permit is illegal, therefore open carry is legal. Now I hear about 287.4. Please explain what gives here. Why does 287.4 prohibit open carry in cities with populations greater than 160,000 yet everyone tells you that the only place that it is restricted is cities whose restrictions were grandfathered in as pre-1987 laws?

[Edited by Jeff OTMG on 02-08-2001 at 06:00 PM]

 

[RWK]

Jeff,

Glad to help you sort out Virginia "open carry", from a non-lawyers perspective.

Strictly speaking, open carry is legal in Virginia, with some exceptions. Two primary exceptions are: (1) where prohibited by local (city) statute and (2) where prohibited by ill-informed LEOs. Let me individually discuss each of these.

Some jurisdictions (including Falls Church and Chesapeake, if memory serves) outlaw open carry under the cities over 160,000 provisions.

Some Virginia LEOs have arrested open carriers for Disturbing the Peace, Creating a Public Nuance, and so forth under the rationale that it upsets "sheeple" to see anyone carrying a firearm in a public venue. I don't know if these charges were ever successfully prosecuted, however, I have read several newspaper reports of arrests.

As I recall, we had a similar exchange of TFL posts when you visited Reston (?) a year or so ago, and had no problems with open carry. You might want to review the following TFL thread (http://www.thefiringline.com/forums/showthread.php?threadid=3868), particularly Jim Keenan's remarks (on page two).

Jim offered me some very wise comments, that appear to apply: "If anyone, by his actions, causes reasonable people to be in fear of their lives or to panic, that person will probably be found guilty of creating a disturbance or some similar charge, or worse if someone is injured. Freedom of speech is pretty basic, but try the theater (fire) bit, or try joking about hijacking at an airport check-in. Gun people tend to forget that others are often fearful of guns. Whether that fear is justified or not, it is "reasonable" in law. Saying that if someone is frightened of your gun they are a psycho, or they are crazy, or they are at fault will not cut it."

In sum, therefore:
1) Open carry in Virginia is generally legal
2) Some LEOs may hassle an individual for exercising this right, due to the reactions -- or the anticipated reactions -- of others
3) Gentlemanly demeanor and dress is likely to reduce -- but not to preclude -- such problems

I wish you good luck.