Travelling with a firearm. No Chp question.


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mrbladedude
February 27, 2011, 10:38 AM
Hi all. Quick question regarding driving from my house to the range or a friends house etc. I dont have a Chp yet. Open carry is legal in Virginia. I read somewhere that the firearm has to be in a secured container and not on your person. So let me get this straight. Gun is holstered in plain sight while walking to car. Uniolster weapon put in trunk. Arrive at range or walmart wherever. Everyone in vicinity sees me with a gun in my hand putting it in my holster then walking in the store.same thing when i unholster it in the parking lot. What would a cop think if he turned around and saw me with a gun in my hand? Why cant i have it holstered while driving outside the waistband? Seems pretty stupid if u ask me. Or am i allowed to carry a holstered firearm while driving with no concealed handgun permit1 thanks

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danez71
February 27, 2011, 11:31 AM
Laws dont always make sense.

Generally speaking, OC usually means visable from 3 sides. That isnt possible if hip holstered while driving.

Your state laws may vary.

swinokur
February 27, 2011, 12:04 PM
VA CC law says a weapon is concealed if it's not "readily discernible from common observation". A holstered weapon that is visible is readily discernible so it's considered OC which is legal. VA law was recently amended to allow carry of a weapon in a console or glove box without a CC permit. A holstered weapon is fine if it's "readily "discernible" I have even carried in an IWB and as long as the gun is readily discernible you're legal. I do have a non resident VA permit but OC frequently while driving with a holstered Glock.

zoom6zoom
February 27, 2011, 01:21 PM
I read somewhere that the firearm has to be in a secured container and not on your person.
This is incorrect.
Prior to this year, the handgun had to be in plain sight, whether sitting on the seat, or openly carried upon your person. The change in the law allows a loaded handgun to be in a secured container without a CHP, but does not require it to be so.

Just keep it in your holster, uncovered, and you will be fine.

mcdonl
February 27, 2011, 01:48 PM
I always assumed that the vehicle laws are to protect law enforcement. I imagine it is a little nerve racking when someone reaches into their glove box to grab their registration and the officer sees a gun. To discourage this, the law indicates you need to have the gun out of reach and disabled.... (Paraphrased....)

Now, if you have a CCW you are usually obliged to alert the officer that you have a gun. Some states do not require this, some do...

Thats my take on it. It was also my number one reason for getting my ME and NH CCW permits... that way when traveling between states I do not need to worry about it. Motorcycle rides tend to weave in and out of the state.

swinokur
February 27, 2011, 02:06 PM
VA has no requirement to notify LE you are CCW. Out of courtesy to LEO I always notify them I'm carrying. As pointed out, even more important if you don't have a CCW and have a loaded weapon in the glove box. LEOS don't feel particularly comfortable when you reach for your registration and he sees your loaded Glock in your glove box.

Most state laws on carry can be found at www.handgunlaw.us

:D

BENBRU
February 27, 2011, 02:29 PM
Informing LEOs that you are CCW is unnecessary and can lead to an overzealous officer causing you a hell of an afternoon.
So... 1. DO NOT CARRY WHERE YOU KEEP YOUR REGISTRATION (keeps him safe, keeps you safe. Everyone is happy except you when he gives you a ticket) There's better, more accessible places to keep a pistol for SD than your glove box. I can't reach mine when I'm in the drivers seat, and leaning across the seat is not ideal... think center console if you feel the need to unholster while driving. Avoid, at all costs, touching, exposing, or coming near a weapon during a traffic stop.

2. Don't inform an LEO that you have a loaded weapon unless he asks (if you're not required to)... it doesn't do anyone any good for him to know, and quite frankly if I'm carrying within the confines of the law he has no business if I'm carrying or not. I'll stress it again, KNOW IF YOU ARE SUPPOSED TO INFORM LEOs.

Getting a CHP will help out the OP's cause immensely...

mrbladedude
February 28, 2011, 07:49 PM
Ya its been 3 weeks since i applied for my CHP so hopefully It will be here any day now. Unless they stretch it the full 45 days.

labhound
March 1, 2011, 02:25 AM
Keep in mind that an LEO talking to you through your car window probably won't be able to see your gun in an OWB holster and it may be deemed "concealed". Best bet is to leave it laying in plain view on the passenger seat or secured in a container or compartment in the vehicle. None of this will be an issue after you receive your concealed handgun permit.

blume357@bellsouth.net
March 1, 2011, 07:33 AM
The 'logic' that these laws are for the protection of LEOs is just like most gun laws... totally foolish and useless... If I was pulled over and meant to do the LEO harm with a gun... he or she would never make it to my window let alone know where I had the handgun stored before being pulled over.

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