Question for open carry states. - Page 2
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Thread: Question for open carry states.

  1. Quote Originally Posted by Dudeorific View Post
    I'm not even partially correct? Please enlighten me. When I took the class in '06, we were provided written copies of the law and drilled into our head by the instructor. I have numerous friends who work in the government in Virginia, as well as law enforcement (both federal and state). We know that police can be wrong in their interpretation, so last time I was in a government bldg., I had a law enforcement friend check the books and she informed me that in Virginia, the law is still on the books that if you have a cc permit, you must carry concealed. She is a federal police officer. If you have further info, I'd like to hear it.
    It's quite simple really. Show me a law that makes open carry in Virginia illegal. You can't. I cannot show you a Virginia statute that makes open carry legal, because laws very, very rarely exist that define legal activities. Statutes are written to define what illegal activities are and there are no Virginia statutes that make open carry illegal. It does not matter if you have a concealed weapons permit or not. The concealed weapons permit allows you to carry concealed. It has no effect, nor has it ever, made open carry illegal.

    A license is required to drive a car. A license is not required to ride a bicycle. Does that mean once you get a driver's license you can't ride a bicycle? NO. Why not? Because there is no statute prohibiting riding a bicycle, just like there is no statute prohibiting open carry in Virginia - and obtaining a concealed weapons permit is not magically going to create one.

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  3. #12
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    Quote Originally Posted by NavyLT View Post
    It's quite simple really. Show me a law that makes open carry in Virginia illegal. You can't. I cannot show you a Virginia statute that makes open carry legal, because laws very, very rarely exist that define legal activities. Statutes are written to define what illegal activities are and there are no Virginia statutes that make open carry illegal. It does not matter if you have a concealed weapons permit or not. The concealed weapons permit allows you to carry concealed. It has no effect, nor has it ever, made open carry illegal.
    The state's constitution is what determines what can be done legally versus statues that define things that are illegal if performed.

    Unless there is a statute in direct opposition to a states constitution, which is rare, on the right to bear arms, then OC is legal.
    One must be wary of the mentality creating the problem or the law creating the crime.

    I love America and the Constitution, if you don't then get out!

  4. Quote Originally Posted by Unfettered Might View Post
    The state's constitution is what determines what can be done legally versus statues that define things that are illegal if performed.

    Unless there is a statute in direct opposition to a states constitution, which is rare, on the right to bear arms, then OC is legal.
    So what do you think? Do California gun control statutes directly oppose the California Constitution?

    CALIFORNIA CONSTITUTION
    ARTICLE 1 DECLARATION OF RIGHTS


    SECTION 1. All people are by nature free and independent and have
    inalienable rights. Among these are enjoying and defending life and
    liberty
    , acquiring, possessing, and protecting property, and pursuing
    and obtaining safety
    , happiness, and privacy.

  5. #14
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    Quote Originally Posted by NavyLT View Post
    So what do you think? Do California gun control statutes directly oppose the California Constitution?

    CALIFORNIA CONSTITUTION
    ARTICLE 1 DECLARATION OF RIGHTS


    SECTION 1. All people are by nature free and independent and have
    inalienable rights. Among these are enjoying and defending life and
    liberty
    , acquiring, possessing, and protecting property, and pursuing
    and obtaining safety
    , happiness, and privacy.
    That statement is too ambiguous to mean the right to bear arms.

    I went and searched the entire California Constitution and could not find one instance of the right to bear arms. So to answer your question, no.

    Although the US Constitution and the Supremacy Clause should kick in if they tried to outright ban them.
    One must be wary of the mentality creating the problem or the law creating the crime.

    I love America and the Constitution, if you don't then get out!

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