And when the local police in VA want to confiscate your slung, tricked-out mouse gun, just WHAT are you and your first 3 friends who show up for the big rally going to do?
Nothing.
You'll lower your head, say "yes sir" mumble, hand him your rifle, accept the "citation" and never see it again, as you live several states away.
Or...the morning you show up for the big event after the drive in from 7 hours away, the permit to assemble will be "revoked".
§ 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.
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) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered 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 law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or 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 shall apply, mutatis mutandis, to the provisions of this section.
(1991, c. 570; 1992, c. 790; 2003, c. 976; 2004, c. 995; 2005, c. 160; 2007, c. 813.)
I think you are right, it seems that if the magazine is in the rifle, then the 20 round limit would apply, but if the magazine is not, then it doesn't. Which is why it would apply to a load pistol.
You really could dream up these laws if you tried.....
re: Concerned American, thank you. Sorry if I came across like a ----. (Marines tend to be a tad abrasive at times.) I sincerely wish all of the folks who attend this event well, and I hope that thousands of Americans DO attend, long-arms at hand.
It goes without saying...be ready for a curve ball.
What prevents an agent provocateur from starting the next civil war at this event.
Are people ready and willing to take their handgun and put a bullet in any yahoo who decided to load a rifle magazine or upholster their pistol, prior to the other side engaging us???
I'll be there. Perhaps tired and bleary eyed, but there. Legally CCW with a handgun, legally in open carry with a rifle, per the plan.
Also, I do plan to have a hard copy of the rules that apply here.
On that note, is there one handy place that we can get a printable copy of the appropriate VA laws as well as the rules agreed upon that apply at the park and other locations? Might be a handy thing to make available for all.
Please go and read Kurt Hofmann's St. Louis GRE column today.
Thanks for the link (and, of course, for your tireless work in the interests of liberty).
ReplyDeleteCan you clear up the magazine thing a little. Is it a 20 round limit for just the pistol, or does that apply to the bandolier as well?
ReplyDeleteThanks
And when the local police in VA want to confiscate your slung, tricked-out mouse gun, just WHAT are you and your first 3 friends who show up for the big rally going to do?
ReplyDeleteNothing.
You'll lower your head, say "yes sir" mumble, hand him your rifle, accept the "citation" and never see it again, as you live several states away.
Or...the morning you show up for the big event after the drive in from 7 hours away, the permit to assemble will be "revoked".
What will you do? Nothing.
I sincerely hope I'm wrong.
Hollywood:
ReplyDeleteMy understanding is that the 20- round mag issue applies to the pistol mag.
I will see about getting a specific clarification.
Typeay:
ReplyDeleteVA Open Carry
What are YOU going to do?
Not offering legal advice here, but here's a cite to VA law and the ext:
ReplyDeletehttp://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-287.4
§ 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.
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) shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered 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 law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or 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 shall apply, mutatis mutandis, to the provisions of this section.
(1991, c. 570; 1992, c. 790; 2003, c. 976; 2004, c. 995; 2005, c. 160; 2007, c. 813.)
re: Concerned American, I assure you sir, my plate is more full than you can even imagine. It involves a long term care-giving for a family member.
ReplyDeleteTypeay:
ReplyDeleteMay God be with you and yours, and give you all strength.
I think you are right, it seems that if the magazine is in the rifle, then the 20 round limit would apply, but if the magazine is not, then it doesn't. Which is why it would apply to a load pistol.
ReplyDeleteYou really could dream up these laws if you tried.....
See ya there
The Garand has an elegant solution to this issue of statutory interpretation.
ReplyDelete:-)
re: Concerned American, thank you. Sorry if I came across like a ----. (Marines tend to be a tad abrasive at times.) I sincerely wish all of the folks who attend this event well, and I hope that thousands of Americans DO attend, long-arms at hand.
ReplyDeleteIt goes without saying...be ready for a curve ball.
Typeay:
ReplyDeleteRoger that. I have been chewed on by several Marines over the years.
Even worse than abrasive is their annoying habit of being right.
Net-net is that we have a good local lawyer and we will do whatever we can to make people follow the law (of which we are well inside).
Have you any suggestions for places frequented online by former and current Marines that would take this info and run with it?
Thanks in advance.
What prevents an agent provocateur from starting the next civil war at this event.
ReplyDeleteAre people ready and willing to take their handgun and put a bullet in any yahoo who decided to load a rifle magazine or upholster their pistol, prior to the other side engaging us???
How do we prevent a false flag event?
HW:
ReplyDeleteIf bad people try to do bad things, good people will try to stop them.
There are plenty of open-carry events, and the bad things has not happened yet.
Your question, appropriately, raises the importance of keeping your pieces in the condition requested by the organizers.
See ya there.
I'll be there. Perhaps tired and bleary eyed, but there. Legally CCW with a handgun, legally in open carry with a rifle, per the plan.
ReplyDeleteAlso, I do plan to have a hard copy of the rules that apply here.
On that note, is there one handy place that we can get a printable copy of the appropriate VA laws as well as the rules agreed upon that apply at the park and other locations? Might be a handy thing to make available for all.
Keep your powder dry,
Atlas Shrug
III