*Note that this is written for people who live in Virginia about Open Carry in the state of Virginia alone. I am not a lawyer and none of this should be construed as legal advice or counsel. Reach out to a lawyer in your county with any questions and learn all applicable laws before doing anything with a firearm. This article is comprised of my opinions based on years of training and research, and all information contained within is current of it’s writing on 1/20/21.
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What is Open Carry?
So what is “open carry” anyway? There are a ton of misconceptions about what it is and who can do it so I’ll do my best to clear all that up here before we jump into the heart of “should you do it?”
Open Carry is the act of carrying a firearm (loaded or unloaded) in COMPLETE AND UNOBSTRUCTED PLAIN VIEW while in public. Let me stress that a bit more. To be considered “open carrying” NO part of the holster or firearm may be obscured from view. Your coat can’t be draped over it, your shirt can’t come untucked a little bit and sort of hang down over it, it’s got to be right out there. We’re just talking about handguns here, so for that purpose they must always be holstered as well.
Who can Open Carry?
Technically in the state of Virginia there are workarounds where anyone over the age of 18 can open carry a legally purchased firearm and you can read about the minutia of that here: https://www.vsp.virginia.gov/Firearms.shtm as the issue is too in-depth for us to parse out in this article, especially when it comes to handguns.
For our purposes when talking about handguns, it’s easier to say that anyone over the age of 21 who legally purchased their handgun may, WHERE PERMITTED (we’ll get to that next) carry their firearm OPEN without a permit.
Where can I Open Carry?
I have some good guidelines here but you’ve got to talk to a lawyer and check your local laws. It varies from district to district and county to county.
Last year, Virginia delegated a lot of power to the local levels when it comes to curtailing your second amendment rights. Different districts and counties have more control than at any time in recent memory to put in place new laws restricting your rights when it comes to firearms. One of the main avenues they’ve been exercising this power is restricting where you are allowed to carry.
Don’t shoot the messenger. I didn’t vote for these knuckleheads.
As a result, while state law may say you are OK to carry a firearm in a certain place, your county may say otherwise. A good rule of thumb is to remember that the further north you get (towards Fairfax, Arlington, Alexandria, etc.) and the closer to Richmond/Newport News you get, the more restrictive gun laws will be.
A bare bones list of where you MAY NOT CARRY to keep in mind that will hold true just about anywhere (seriously check your local laws this won’t be the whole list for you) is as follows:
- Churches
- Schools
- Courts
- Hospitals
- Government Buildings (that includes the Post Office!)
- Anywhere you plan to drink alcohol
For a good list to get you started in your local research about where you can and can’t carry, check out this one compiled by the VCDL, they do great work both fighting for and informing you about your second amendment rights: https://vcdl.org/CarryInfo
Should I Open Carry?
Now there’s the rub. “Should you” indeed.
I was tempted to lay out an impartial pros and cons list before giving my opinion to make sure no one got so mad they stopped reading before they got the info, but if you’re here you likely came from the CFI Newsletter and as such, know which way I lean on this one so here goes…
No, I don’t think you should open carry if carrying concealed is an option.
Now in the words of Inigo Montoya.. “lemme splain”
The reasons I will nearly always choose concealment over open carry for day to day life boil down to 4 main points that I’ve learned in my years of study and training. In no particular order:
- When you open carry, you sacrifice the element of surprise. Might not sound like a big deal but stick with me. By nature of being the “good guy” you don’t get to go first in a life or death situation. You don’t walk out of your door with the intention of taking someone by surprise and shooting them. As such, whether defending your own life or the life of another, you will invariably be responding to a threat and want every advantage you can get. The bad guy not knowing you are armed is a dang good one to waste. They may potentially underestimate you, they may be caught off guard when you produce and use a firearm buying you precious time, and they likely won’t be making you their #1 target (more on that one in a second.) These (admittedly underwhelming) potential advantages could very well be the difference makers in a life or death encounter where fractions of seconds count, and they’re likely some of the only advantages you’ll be given. Elements of time, space, and terrain can be used to your advantage if you’re very situationally aware and remain vigilant, but at the end of the day, one of the only assets you will have at the start is that they have no idea you’re armed.
- By carrying open, you increase the likelihood of an incident/altercation. I’m talking about both with other civilians and police officers. It doesn’t take tactical training or studying security camera footage to learn this one. A quick youtube search for “open carry” will reveal a veritable cornucopia of videos showing everything from enraged anti-gun nuts to incidents with law enforcement started by someone open carrying while following all the applicable laws simply due to the fact that they’re visibly armed. (Yes, I’m well aware that is the sole reason some folks open carry, to get a rise out of people. That is not my bag nor is it my suggestion to anyone reading this.) Note: This one can change based on where you live, it is not an “across the board” state of affairs. If you live in a rural town where even the preacher doesn’t speak from the pulpit without their trusty sidearm on their hip then you will likely find the local law enforcement is much more used to interacting with an armed populace and your fellow citizens are far less likely to be of the ilk to try and scream at you for daring to practice personal protection in public. The unfortunate fact of the matter is those places are fewer and further between and the odds that you live in one aren’t that great. We have to work with the realities of our situations, not how it ought to be.
- When you Open Carry, You are target #1. Many proponents of open carry will say that (and I’m paraphrasing here) “I carry open because it will scare off bad guys” but the evidence simply does not bear this out. It’s one of those things that sounds like it should be true but the evidence tells us it isn’t. Has it happened before? You bet. But much like the idea of buying a shotgun so you can scare off bad guys with the sound of racking a round into the chamber, it’s the exception, not the rule and we shouldn’t base our personal protection strategy on it. More often than scaring bad guys off, you will simply become target #1 they have to take care of before they go about doing the bad things they were going to do anyways. Preparing for that possibility requires an extremely heightened level of situational awareness which brings us to our last point.
- When you open carry, you cannot relax. Rather, you dang-well better not. Your firearm is 100% your responsibility to secure and the whole world knows you have one. Who is around you? Is anyone acting suspicious? If you close your eyes could you count off exactly how many people are within 6 feet of you? How about 15 feet? Crowds should be avoided if at all possible, lots of hands floating around your firearm there. Are your hand-to-hand combat skills sufficient to fend off an attacker unexpectedly reaching for your firearm? Colonel “Jeff” Cooper came up with a great scale for levels of situational awareness (seen below) and the Armed Defense Training Association has a pretty good article talking about it here: https://armeddefense.org/color-code Simply put, we go about our day in various states of situational awareness, white being relaxed and oblivious, yellow being you’re aware and scanning, orange you’re extremely alert, maybe you’ve found a potential threat and you’re planning reactions, red you’re about to fight the identified threat, and black being you’re in the fight. Each level of awareness comes with a corresponding raised alertness and stress level as well. If you walked around all day between an “orange” and “red” your blood pressure would be through the roof! If you walk around all day in the white zone you’re probably quite mellow and also a very easy target. Ideally we should go about our lives in public in the yellow zone. We know where the exits are, we know who’s around us and can spot potential threats, but we’re not amped up to an 11 and prepping for a fight. When you carry a firearm open When you carry a firearm open you must maintain a much higher level of vigilance and alertness (with all the accompanying stress) to ensure the absolute security of your firearm at all times. Moreover, beyond standard threats in day to day life, you’re displaying a firearm for everyone to see. Ill intentioned criminals who want your gun for violence aside here, that’s like walking around the mall with $600 hanging out of your pocket. You’ve got to stay sharp.
Closing Thoughts
To be absolutely fair to those who are proponents of open carry there are 3 arguments they make that certainly hold water and here they are.
- “Some people can’t carry concealed.” If, for say, a financial reason someone can’t afford the class and the permitting process but finds themselves in need of personal protection and open carry is their only option, much better to have a firearm and not need it than need it and not have it. The workarounds I alluded to above allowing some 18 year olds to carry firearms also apply for those looking for personal protection not yet old enough to get a concealed carry permit.
- “It is much faster to get to an open-carried firearm than a concealed one.” I try to avoid painting with such a broad brush as this but the point is well taken. In general, getting clothes out of the way of a concealed firearm does add to the time it takes to access it and when fractions of seconds count, that is not nothing.
- It’s my constitutional right as an American to carry my firearm however I dang well please. Check. Many people carry open to celebrate their constitutionally protected God given right to personal protection and while I may disagree with it from a tactical standpoint in most cases, I have no argument against it in principle. ‘Merica.
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Stay Smart, Stay Safe, Never Stop Improving.
Very informative. Thanks
Happy to help!