Open Carry In Virginia: Understanding The Law And Your Rights

what constitutes open carry in virginia

Virginia does not generally prohibit the open carrying of firearms in public. However, there are specific laws and restrictions that apply to open carry in the state. For example, localities such as Alexandria and Newport News may ban the open carry of firearms in public buildings, parks, and at special events. In addition, Virginia prohibits the carrying of certain loaded firearms in public places in certain cities, including semi-automatic rifles or pistols with a magazine capacity of over 20 rounds, or shotguns with a magazine capacity of over seven rounds. These restrictions also apply to concealed firearms. Additionally, Virginia has specific laws and requirements for concealed carry permits, which allow individuals to carry concealed firearms in certain locations.

Characteristics Values
Open carry laws Legal without a permit for anyone 18+ who can legally possess a firearm
Concealed carry laws Legal with a CCW permit
Firearm registration Not required when buying from a private individual if the buyer and seller are both Virginia residents
Purchase restrictions One handgun per month; concealed carry permit holders are exempt
Location restrictions Within 40 feet of a polling place, place of worship, the Capitol of Virginia, public parks, government buildings, etc.
Prohibited firearms Loaded semi-automatic rifles or pistols with a magazine capacity of over 20 rounds, shotguns with a magazine capacity of over 7 rounds

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Open carry is legal in Virginia for anyone over the age of 18, as long as they can legally possess a firearm. However, there are several important restrictions to be aware of. Firstly, localities such as Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, and Virginia Beach have the right to ban the open carry of firearms in public buildings, parks, and at special events. Secondly, Virginia prohibits the carrying of certain types of loaded firearms in public places in certain cities, specifically, Alexandria, Chesapeake, Fairfax, and others. This restriction applies to loaded semi-automatic rifles or pistols with a magazine capacity of over 20 rounds or shotguns with a magazine capacity of over seven rounds. Additionally, there are location restrictions near polling places, meeting places for local electoral boards, the Capitol of Virginia, places of worship during religious meetings, and government buildings. These restrictions vary but generally include a weapons ban within a certain distance of these locations. It is also worth noting that Virginia law prohibits the consumption of alcoholic beverages while carrying a concealed handgun, even if the individual has a permit.

While Virginia does not require a permit for open carry, a permit is required for concealed carry. Virginia offers both resident and non-resident permits, and it honours all out-of-state concealed carry permits. Obtaining a Virginia Concealed Handgun Permit (CHP) requires the applicant to be at least 21 years old and to complete a state-approved firearms training course. It's important to note that a CHP does not authorise firearm possession in places where it is prohibited by law or by the owner of private property. Additionally, Virginia law mandates that during the hours of operation of a licensed family day home, all firearms must be stored unloaded and locked away, with ammunition stored separately and out of reach of children.

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Localities may ban open carry in public buildings, parks, and events

While open carry is legal in Virginia without a permit for anyone who is at least 18 years old and can legally possess a firearm, there are some restrictions on where it is allowed. Localities may ban open carry in public buildings, parks, and events. For example, in Alexandria and Newport News, localities may prohibit the open carry of firearms in public buildings, parks, and special events.

In addition to localities, Virginia state law also prohibits the carrying of certain loaded firearms in public places in certain cities. This includes a loaded semi-automatic center-fire rifle or pistol with a magazine that can hold more than 20 rounds of ammunition, or a shotgun with a magazine that can hold more than seven rounds of ammunition. This law applies to the cities of Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, and Virginia Beach, as well as several counties.

Furthermore, there are other location restrictions for carrying firearms in Virginia. It is prohibited to carry firearms within 40 feet of a building used as a polling place during elections, within 40 feet of a meeting place for the local electoral board, in the Capitol of Virginia and the surrounding area, and in places of worship during religious services. There are also restrictions on carrying firearms in government buildings, airport terminals, and areas being used for permitted events.

It is important to note that these regulations are specific to the state of Virginia and may differ from other states' laws regarding open carry and the possession of firearms in public places. Individuals should always refer to the most up-to-date information and local laws to ensure compliance with the relevant regulations.

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Loaded firearms are prohibited in public areas

Virginia does not generally prohibit the open carrying of firearms in public. However, the state does prohibit the carrying of loaded firearms in public areas, including on any public street, road, alley, sidewalk, or public right-of-way. This prohibition extends to public parks or any other places open to the public, such as community centers or outdoor areas being used for permitted events. The law specifically applies to certain types of firearms, including semi-automatic rifles or pistols equipped with high-capacity magazines or designed to accommodate a silencer, and shotguns with a magazine capacity of more than seven rounds.

The cities and counties where this law is in effect include Alexandria, Chesapeake, Fairfax, Falls Church, Newport News, Norfolk, Richmond, and Virginia Beach, as well as the counties of Arlington, Fairfax, Henrico, Loudoun, and Prince William. Additionally, localities like Alexandria and Newport News may have their own regulations, banning the open carry of firearms in public buildings, parks, and special events.

It is important to note that Virginia also has specific location restrictions for carrying firearms. These include places of worship during religious services, airport terminals, and areas within a certain distance of polling places during elections. The state also prohibits the consumption of alcoholic beverages while carrying a concealed handgun, even with a permit.

Virginia law requires that all firearms in a licensed family day home during operational hours must be stored unloaded and locked away, with ammunition stored separately and out of reach of children. This law gives individual counties and cities the authority to regulate the possession and storage of firearms and ammunition in family day homes.

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Carrying a concealed weapon while intoxicated is illegal

In the state of Virginia, open carry is legal without a permit for anyone who is at least 18 years old and can legally possess a firearm. However, localities such as Alexandria and Newport News may ban the open carry of firearms in public buildings, parks, and at special events. On the other hand, concealed carry is legal for residents with a Virginia Concealed Handgun Permit (CHP) and non-residents with any valid state license/permit. Virginia CHPs are issued to both residents and non-residents who are at least 21 years old and require a state-approved firearms training course. Virginia honors all valid out-of-state concealed carry permits issued to individuals who are at least 21 years old and carry a photo ID issued by a government agency.

While Virginia allows open carry and concealed carry, there are important restrictions to keep in mind. Carrying a concealed weapon while intoxicated is illegal in Virginia. While the legal definition of "under the influence" generally refers to impairment due to alcohol or drugs, it is important to note that the consumption of alcohol while carrying a concealed weapon can lead to legal repercussions. The prosecution may use the fact that an individual was drinking while carrying a weapon against them in a court case.

In addition to the legal restrictions, it is essential to prioritize safety and responsible decision-making. Mixing alcohol and firearms can be dangerous and increase the risk of accidents or mishandling of weapons. It is advisable to refrain from consuming alcohol when carrying a firearm to ensure safe and responsible handling.

Furthermore, certain areas in Virginia are off-limits for carrying weapons, regardless of whether they are concealed or openly carried. These areas include airport terminals, places of worship during services, government buildings, public parks, recreation or community centers, and outdoor areas being used for permitted events. It is important to respect these restrictions and refrain from carrying weapons in designated off-limits areas.

Virginia also has specific laws regarding the purchase of handguns. While there is no permit or firearms registration required when buying a handgun from a private individual, both the buyer and seller must be Virginia residents. Additionally, as of July 1, 2020, all sales must be completed through a dealer who must submit a background check, and a one-handgun-per-month purchase restriction is in effect.

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George Mason University allows weapons on its open grounds

In Virginia, open carry is legal without a permit for anyone who is at least 18 years old and can legally possess a firearm. However, localities may ban the open carry of firearms in public buildings, parks, and at special events. For example, it is unlawful to carry a loaded firearm in public areas in the cities of Alexandria, Chesapeake, Fairfax, and others.

George Mason University, a public university in Virginia, does not permit students, faculty, or staff to carry weapons on campus. This policy is consistent with Virginia law, which prohibits students and employees from bringing concealed weapons onto school grounds. The university's policy states that the possession of any weapon on campus by any member of the faculty, staff, or student body is prohibited, with the exception of law enforcement officials.

In 2011, gun-rights advocates carried weapons on the George Mason campus as part of a protest against the university's policy. The demonstrators, led by the Virginia Citizens Defense League, argued that individuals over the age of 21 with the proper training and permits should be allowed to carry weapons on campus. However, the university administration has maintained its stance against weapons on campus.

The university's policy also addresses items that resemble weapons in appearance. Any item that looks like a weapon and is used for any purpose on university property must be reported to and approved by the University Police prior to its use in any activity. This includes items used in plays, class presentations, ROTC military exercises, and intercollegiate athletic events.

Frequently asked questions

In Virginia, open carry of a handgun without a permit is legal for anyone aged 18 or older.

Yes, Virginia prohibits the carrying of certain kinds of loaded firearms in public places in certain cities. For example, it is unlawful to carry a loaded semi-automatic centre-fire rifle or pistol with a magazine that can hold more than 20 rounds of ammunition.

Yes, open carry is prohibited in airport terminals, schools, courthouses, churches, government buildings, public parks, and other areas where people congregate and are vulnerable. Localities such as Alexandria and Newport News may also ban the open carry of firearms in public buildings, parks, and at special events.

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