Abingdon Police Department
For Immediate
Release
With the changes in concealed carry reciprocity coming to
Virginia on February 1, 2016, the police department has received many inquiries
concerning when, where, and how to legally carry a firearm in the Commonwealth. The following is intended as an informational
guide for those who are considering open carry while visiting the State of
Virginia.
*Nothing on this page constitutes, or is meant to
constitute, advice of any kind. If you
require advice in relation to any legal matter you should consult an attorney.
1.
Open Carry is legal in Virginia in most places with or
without a Concealed Handgun Permit (CHP) as long as you are legally entitled to
possess a firearm.
2.
A person may be prohibited from purchasing or possessing a firearm
pursuant to state and/or federal law if they meet one or more of the following
criteria:
·
Currently under indictment for a
felony offense.
·
Subject of an active misdemeanor or
felony arrest warrant from any state.
·
Previously convicted, as an adult,
in any court of a felony offense.
·
If you are 28 years old or younger,
and have been adjudicated delinquent as a juvenile 14 years of age or older at
the time of offense of a delinquent act, which would be a felony if committed
by an adult.
·
Been convicted in any court of a
misdemeanor crime punishable by more than 2 years even if the maximum
punishment was not received.
·
Subject of an outstanding protective
or restraining order against you from any court that involves your spouse, a
former spouse, an individual with whom you share a child in common, or someone
you cohabited with as an intimate partner.
·
Subject of an outstanding protective
or restraining order against you from any court that involves stalking, sexual
battery, alleged abuse or acts of violence against a family or household
member.
·
If you are an unlawful user of, or
addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any
controlled substance as defined under the Federal Gun Control Act. According to
the act, an addicted person, or unlawful user, is a person who has a conviction
for use or possession of a controlled substance within the past year or persons
found through a drug test to use a controlled substance unlawfully, provided
that the test was administered within the past year.
·
Been acquitted of a crime by reason
of insanity.
·
Been adjudicated legally incompetent
or mentally incapacitated, or adjudicated an incapacitated person.
·
Been involuntarily admitted to a
facility or involuntarily ordered to outpatient mental health treatment.
·
Been the subject of a temporary
detention order and subsequently agreed to voluntarily admission for mental
health treatment.
·
Discharged from the Armed Forces
under dishonorable discharge.
·
An alien illegally in the United
States.
·
A nonimmigrant alien.
·
A person who has renounced United
States citizenship.
·
If you have ever been convicted of a
misdemeanor crime of domestic violence (including all misdemeanors involving the
use, threat of, or attempted use of physical force), if the offense is
committed by one of the following parties: a current or former spouse, parent,
or guardian of the victim, by a person with whom the victim shares a child in
common, by a person who is cohabiting with or has cohabited with the victim as
a spouse, parent or guardian, or by a person similarly situated to a spouse,
parent or guardian of the victim.
·
Within a 36 month period, in the
last 5 years, been convicted under Virginia law of 2 misdemeanor offenses for
Possession of Controlled Substance or Possession of Marijuana (Handgun
Purchases Only).
3.
Minimum
age to Open Carry in VA is 18 years old.
4.
In
most locations where concealed carry (CC) is prohibited, open carry (OC) is
also prohibited.
5.
The
following restrictions are specifically mentioned in state code:
·
§15.2-915 - Detention Facilities
·
§18.2-283 - Places of worship while a meeting for religious
purposes is being held. Note you can open carry “with good and sufficient
reason.”
·
§18.2-283.1 - Courthouses
·
§18.2-287.01 - Air carrier airport terminal buildings
·
§18.2-308.J3 - Restaurants -- concealed carry prohibited
while consuming alcoholic beverages
·
§18.2-308.O - Private property when prohibited by owner
·
§18.2-308.1 - K-12 school grounds (CHP holders exempted for
concealed carry while in a vehicle)
·
§18.2-308.1 - K-12 school buses
·
§18.2-308.1 - Property used exclusively for K-12
school-sponsored functions
6.
Some
restrictions may apply to specific facilities, buildings, or grounds. These are
outlined in the Virginia Administrative Code:
·
Federal facilities (buildings) (18 USC § 930)
·
Many federal agency lands (various federal regulations)
·
National Forests -- open carry prohibited except where
hunting is allowed (4VAC15-40-60)
·
General Assembly Buildings except for CHP holders (Joint
Rules Committee rule)
·
Land owned or managed by the Department of Game and Inland
Fisheries -- open carry prohibited except where hunting is allowed
(4VAC15-40-60)
·
Hog Island Wildlife Management Area (4VAC15-40-120)
·
Buggs Island (4VAC15-40-140)
7.
Several
colleges & universities have regulations prohibiting carry in buildings and
at events:
·
George Mason University (8VAC35-60-20)
·
Longwood University (8VAC50-20)
·
Old Dominion University (8VAC65-10)
·
Richard Bland College (8VAC115-30)
·
University of Virginia (8VAC85-20)
·
Virginia Military Institute (8VAC100-10)
·
Virginia State University (8VAC110-10)
·
Virginia Tech (8VAC105-20)
·
William and Mary (8VAC115-20)
*Again, nothing on this page constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any
legal matter you should consult an attorney.
