Open Carry in Virginia
Virginia is one of many states that has maintained what has been termed 'open carry'. That is the legal carry of firearm without a permit as long as the weapon is carried in plain view. In practice this means that anyone who may own a weapon may legally possess a loaded weapon in public with a few restrictions. Open carry has been recognized as a right of Virginians and has been legal in the commonwealth since 1607.
For many decades this right had languished due to lack of practice and ignorance of its legality. In a few localities such as Falls Church, open carry had been banned except by permit holders. However in 2004, the General Assembly passed preemption of all local gun control laws with the exception of hunting ordinances. In effect this restored the ability of gun owners to open carry everywhere in Virginia.
Another boost to the practice of open carry has been the 'restaurant ban'. This law is the ban of concealed carry of pistols by permit holders in establishments licensed for on premise consumption of alcohol. This law has a quirk that allows for the open carry of weapons in these establishments. Recognition of this loophole has been increasingly exploited by permit holders who chose to keep their weapons on their persons rather than leaving them unattended in vehicles where they may be stolen or worse unavailable when needed.
Critics of open carry say that it is tactically unsound, will subject the carrier to harassment by police, and cause a backlash against gun owners. That civilian open carriers will be shot first or subject to gun snatch attempts is often put forward but very few if any cases of such incidents seem to exist. As for harassment by police, there have been incidents in recent years, however gun owners in most have been vindicated and as a result police forces have become better trained on the legality of open carry. So far there has been no legislative backlash against open carry and seeming acceptance and acknowledgement of the right for Virginians. With the recent trend in 'right to carry' laws, Virginia can be proud to have maintained its original 'right to carry', open carry.
For many decades this right had languished due to lack of practice and ignorance of its legality. In a few localities such as Falls Church, open carry had been banned except by permit holders. However in 2004, the General Assembly passed preemption of all local gun control laws with the exception of hunting ordinances. In effect this restored the ability of gun owners to open carry everywhere in Virginia.
Another boost to the practice of open carry has been the 'restaurant ban'. This law is the ban of concealed carry of pistols by permit holders in establishments licensed for on premise consumption of alcohol. This law has a quirk that allows for the open carry of weapons in these establishments. Recognition of this loophole has been increasingly exploited by permit holders who chose to keep their weapons on their persons rather than leaving them unattended in vehicles where they may be stolen or worse unavailable when needed.
Critics of open carry say that it is tactically unsound, will subject the carrier to harassment by police, and cause a backlash against gun owners. That civilian open carriers will be shot first or subject to gun snatch attempts is often put forward but very few if any cases of such incidents seem to exist. As for harassment by police, there have been incidents in recent years, however gun owners in most have been vindicated and as a result police forces have become better trained on the legality of open carry. So far there has been no legislative backlash against open carry and seeming acceptance and acknowledgement of the right for Virginians. With the recent trend in 'right to carry' laws, Virginia can be proud to have maintained its original 'right to carry', open carry.
posted by LONGWATCH at 11:41 PM
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